ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

1. The petitioners who are claiming to espouse the public are seeking for the following reliefs :-

“(A) YOUR LORDSHIP may be pleased to admit and allow the present Writ Petition PIL;

(B) YOUR LORDSHIP may be pleased to issue appropriate writ or direction directing to the respondent authorities to take necessary action to cease illegal mining of sand at Bank of Goma River, at Village Ghusar Gam, Taluka : Kalol, Dist : Panchmahal pursuant to representations made by the petitioners;

(C) YOUR LORDSHIP may be pleased to issue appropriate writ or direction directing to the respondent authorities to take appropriate and necessary action under Gujarat Minor Mineral Rules and other regulation and guidelines to cease illegal mining of Sand at Bank of Goma River, at Village Ghusar Gam, Taluka : Kalol, Dist : Panchmahal;

(D) YOUR LORDSHIP may be pleased to issue appropriate writ or direction directing to the respondent authorities to furnish report on account of illegal mining of sand at Bank of Goma River, at Village Ghusar Gam, Taluka : Kalol, Dist : Panchmahal;

(E) YOUR LORDSHIP may issue appropriate writ directing the respondents to prosecute against wrongdoers who have been found to have committed illegal sand mining at Bank of Goma River, at Village Ghusar Gam, Taluka : Kalol, Dist : Panchmahal;

(F) YOUR LORDSHIP may be pleased to issue appropriate writ or direction directing to the respondent authorities to impose fine and penalty and further direct to recover loss of revenue from the wrongdoers and deposit the same in the State Government treasury;

(G) YOUR LORDSHIP may be pleased to grant an ad- interim relief by directing the respondent authorities to cease the illegal mining of sand at Bank of Goma River, at Village Ghusar Gam, Taluka : Kalol, District : Panchmahal;

(H) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case;”

2. The sum and substance of the grievance of the petitioners is that illegal mining of sand is taking place on the banks of River Goma, Village Ghusar, Taluka Kalol, District Panchmahal since 2018 and number of representations submitted to the Gram Panchayat is not addressed to by respondent authorities and all their efforts have been in vain, inasmuch as no effective steps have been taken by the respondent authorities pursuant to complaints made and as such, the petitioners have contended that they are constrained to file the present petition and have sought for appropriate direction being issued to the State.

3. We have heard learned Advocate Shri. Darshan B. Gandhi appearing for the petitioners. He would reiterate the grounds raised in the writ petition and contend that illegal mining of sand has gone unchecked and despite representations being submitted, no stringent actions have been taken against the erring persons and as such, he has prayed for directions being issued to the respondents by this Court. He would also contend that several instances of illegal mining in sand have been brought to the notice of the Gram Panchayat by submitting representations and yet, there is no meaningful action taken by the respondent authorities and as such, petitioners are seeking for intervention by this Court.

4. This Court by an order dated 29.07.2021 had permitted the learned Assistant Government Pleader to obtain instructions from respondents and pursuant to the same, instructions received from the Geologist, Panchmahal, Godhra dated 09.08.2021 was placed on record and the Government was granted leave to file appropriate Affidavit.

5. Learned Counsel appearing for the petitioner had also made a statement that State authorities though took some action, illegal mining has gone unabated and as such, sought for time to place further material by way of further affidavit. Accordingly, time was granted. The additional affidavit of the petitioner has been filed on 26.08.2021 wherein pe