ORAL ORDER

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1. Our order dated 26th November 2021 reads thus :

“1. Leave to amend. We permit the writ applicants to implead the State of Gujarat as one of the respondents. We also permit the writ applicants to implead the Collector, Kachchh as one of the respondents. The necessary incorporation shall be carried out at the earliest. The cause title be amended accordingly.

2. By this writ application under Article 226 of the Constitution of India, the writ applicants – residents of village : Vandi – Tuna, District : Kachchh, have prayed for the following reliefs:

“(A) To issue a writ of mandamus and/or other appropriate writ, order or direction, directing the respondents to ensure that the fishermen of Vandi village, Tuna are able to access the sea without any hindrance and that all hindrances created as a result of the activities of the respondent no.5 company be removed forthwith;

(B) To issue a writ of mandamus and/or any other appropriate writ, order or direction, directing the respondents to immediately remove the illegally constructed railway line and do all that may be required to restore the mangroves in the region;

(C) To issue a writ of mandamus and/or any other appropriate writ, order or direction, directing the respondents to ensure that all the blocked creeks are opened and that the free flow of water is maintained in the region for development of mangroves and to protect whatever mangroves are left.

(D) To issue a writ of mandamus and/or any other appropriate writ, order or direction, directing the respondents to remove all the construction / development that has been erected without permission of the relevant authorities.

(E) To impose exemplary penalty on the respondent company for willfully and knowingly breaching the environmental laws.

(F) To direct the respondent company to compensate the fishermen in the region.

(G) To pass any other and further order that may be deemed fit and proper in the facts and circumstances of the case.”

3. We have heard Mr. Narendra L. Jain, the learned counsel appearing for the writ applicants, Mr. Mihir Joshi, the learned Senior Counsel appearing for the respondent No.5 – Adani Kandla Bulk Terminal Private Limited; Mr. Devang Vyas, the learned Additional Solicitor General of India appearing for the respondent No.4 – Ministry of Environment and Forest, Government of India, and Mr. Dhaval Vyas, the learned counsel appearing for the respondent No.6 - Deendayal Port Trust.

4. This litigation, in public interest, has something to do with the difficulties faced by fishermen of village : Vandi, Tuna and other surrounding villages on account of development that has taken place in the area at the instance of the respondent No.5. The villages, we are talking about, are all coastal villages. It is the case of the writ applicants that earlier, village : Vandi was right on the shore, however, with the developments that took place over a period of time, the shore is now at a distance of about 7 kms. According to the writ applicants, the only means of their livelihood is fishing, and as on date, the entire fishermen folk are finding it extremely difficult to reach upto the sea as they have to travel almost a distance of 7 kms. Mr. Jain, the learned counsel appearing for the writ applicants pointed out that as on date, the fishermen are at the mercy of one individual, who owns a plot, which is right on the shore. This individual is kind enough to permit the fishermen to stay at his plot. In other words, it is easy for the fishermen to travel into the deep sea in their respective boats from the plot owned by a private individual.

5. According to Mr. Jain, there is no dispute as regards the fact that substantial development has taken place, which includes two Railway lines, roads, etc. It is virtually impossible now to disturb all these constructions. However, the villagers of this village expect the State or any other authority to provide them some access from their