Point of Law:
District Superintendent of Police shall in turn communicate the order to the concerned Police Officers of the concerned Police Stations for enforcement of the order.

ORDER :

R.M. CHHAYA, J.

1. Heard Mr. Utpal Panchal, learned advocate for the petitioner, Mr. Parikh, learned Assistant Government Pleader for respondents no.1 to 8 and Mr. N.R. Desai, learned advocate for Mr. S.P. Majmudar, learned advocate for respondents no.9 to 16.

2. By way of the present petition under Public Interest Litigation, the petitioner has prayed for the following relief’s:

“(A) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents not to permit any mining activity within the radius of 10 kms. of the National Park and Sanctuary area of Gir,

(B) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction directing the Resp. No.7 for restraining the mining activity in the Shetrunji river bed;

(C) ... ... ...

(D) ... ... ...”

3. This Court (Coram: Mr. Jayant Patel, J. and Mr. G.B. Shah, J., as Their Lordships then were) passed a detailed order on 6.5.2015, which reads as under:

“[1] We have heard Mr.Utpal Panchal, learned counsel for the petitioner and Mr.Dhawan Jayswal, learned Assistant Government Pleader for all the respondents which includes the Commissioner of Mining and Geology as well as the Chief Conservator of Forest and the District Collector concerned.

[2] The grievance on the part of the petitioner in the present Public Interest Litigation is that in spite of the area being finalized by the State Government as Eco Sensitive Zone of the Gir Wildlife Sanctuary, the mining activity in the river of Shetrunji is being continued. As per the petitioner, such activities are prohibited activity and if mining is continued over the area which is declared as Eco Sensitive Zone, it would adversely affect the forest as well as forest wildlife.

[3] In response to the notice issued by this Court, learned Assistant Government Pleader has brought to the notice of the Court that the affidavit-in-reply has been filed by the Deputy Conservator of Forest as well as Geologist on behalf of respondent No.3. The map is produced on record and as per the said map, the details of the strip of the river Shetrunji and the various leases granted to the respective lease holders are mentioned. Since the aspects of exact demarcation of the area being Eco Sensitive Zone of the strip of Shetrunji river was not clear, the another map which was called for by the Court showing Eco Sensitive Zone of Gir Pania Matiyala Wildlife Sanctuary and the same is produced on record by the learned Assistant Government Pleader. It was submitted by the learned Assistant Government Pleader that as per the requirement of the law after the area is finalized by the State Government to be declared as Eco Sensitive Zone, the proposal is to be forwarded to the Central Government who in turn would finalize the Eco Sensitive Zone and shall also declare accordingly. However, the State Government, after having finalized the map for which the proposal is forwarded to the Central Government, is produced on record. The learned Assistant Government Pleader has further submitted that in the proposal forwarded by the State Government as per the recommendation of the forest department, the mining activity including excavation of sand would not be permitted unless express No Objection Certificate (NOC) is granted by the forest department for grant of lease to a particular person by the mining department. In absence of NOC granted by the forest department, the mining activity should be prohibited.

[4] It was submitted by the learned Assistant Government Pleader, under the instructions of the geologist of the State, who is present in the Court that whenever the applications were made and the negative opinion was given by the Forest Department, the mining activities are not permitted and the new leases are not granted. As per the learned Assistant Government Pleader, no new lease is granted in the aforesaid area after 20132014 and, therefore, the mining department o