JUDGMENT :

J.B. Pardiwala, J.

By this writ application in the nature of a Public Interest Litigation, the petitioners (1) Kharai Jooth Gram Panchayat through its Sarpanch Smt. Devalben Gabha Rabari and (2) Haresh Sadalaji Vyas residents of Village Kapurasi, initially prayed for the following relief’s:-

(A) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents, their agents, servants to remove the encroachment from the Gauchar land, from the Water Bodies and Lakes and from the Public Road and be further pleased to direct the private respondents' companies to identify their land by putting up wire fencing as per agreement before continuing mining activities;

(B) to issue a writ of mandamus or any other appropriate writ, order or direction, restraining the private respondents cement companies not to cause any pollution in the River, Lakes and Water Bodies and the Gauchar land by way of throwing the mining and cement waste into it;

(C) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to provide employment to the local residents of the village and to the agriculturists whose land were acquired by giving assurance of employment.

(D) pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to restrain the respondent No.7 from transferring the mining lease and the entire land in favour of respondent No.8 till the illegalities are cured and the conditions of lease agreement are complied with by respondent No.7.

(E) pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct the respondent No.7 to install the fencing around the land allotted to it for mining purpose and be further pleased to direct respondent No.7 to open the gauchar land, the rivers, lakes and other Water bodies, encroach upon by it immediately.

(F) to pass such other and further orders as may be just and necessary in the interest of justice in favour of the petitioners."

Subsequently, however, the petitioners have amended the application and have prayed for new reliefs as under:-

"(C-1) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent Nos. 1 and 2 to cancel the lease granted to Gujarat Anjan Cement Limit for breach of conditions of lease agreements and other orders and be further pleased to quash and set aside the order dated 29.10.2012 (ann.:I)

(C-2) Alternatively, to issue a writ of mandamus or any other appropriate order or direction directing the respondent No. 1 and 2 to recover the premium/charges from respondent Nos. 6 and 7 for illegal for illegal transfer of land without prior permission of the State Government and be further pleased to direct respondent Nos. 1 and 2 not to grant permission to transfer the land from respondent Nos. 7 and 8 and resume the lease land into Government forthwith."

2. The case made-out by the petitioners in this petition may be summarised as under :

(i) The Government of Gujarat allotted Government waste land, Gauchar land and other parcels of land of the agriculturists in favour of the respondent No. 6, namely, Gujarat Anjan Cement Ltd. Although the respondent No. 6 Anjan Cement Ltd., obtained various permissions from different departments, yet without commencing any production activities transferred the lease executed with the Government in the year 2009 in favour of Jayprakash Associates.

(ii) It is the case of the petitioners that Jayprakash Associates got merged with Jaypee Cement Corporation Ltd., in the year 2012. At present the respondent No. 7 Jaypee Cement Ltd., is operating the cement plant at Lakhpat and Abdasa Talukas flouting the conditions of lease. It is alleged that the respondent No. 7 company has encroach upon the Gauchar land, water bodies, lake and also upon the private lands of various agriculturists.

(iii) The respondent No. 7 Jaypee Cement is in process of transferring the mining leas