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2014 Supreme(Guj) 1039

BHASKAR BHATTACHARYA, J.B.PARDIWALA
Kharai Juth Gram Panchayat – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Applicant :Mr. Mehul Sharad Shah, Advocate
For the Opponent :Mr. P.K. Jani, Government Pleader, Mr. Dushyant Dave, Sr. Counsel With Mr. Ankit Shah and Mr. Anuj K. Trivedi, Advocates, Mr. Biren A. Vaishnav, Advocate, Mr. Mihir Joshi, Sr. Counsel with Mr. Sandip Singhi For Singhi & Co.

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 a

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