IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/WRIT PETITION (PIL) NO. 1 of 2013 With CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2013 In R/WRIT PETITION (PIL) NO. 1 of 2013 =============================================

FAROOK SHAIKH Versus STATE OF GUJARAT & ORS.

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Appearance:

MR ANSHIN H DESAI(1020) for the Applicant(s) No. 1 MR HJ DHOLAKIA(5862) for the Applicant(s) No. 1 MR MIHIR JOSHI, SR. ADVOCATE assisted by MR. RAHEEL PATEL AND MR. YASH DADHICH for GANDHI LAW ASSOCIATES(12275)

for the Opponent(s) No. 2 MR GURUSHARAN H. VIRK, GOVERNMENT PLEADER assisted by MR BRIJENSINGH THAKUR, AGP for the Opponent(s) No. 1 MR ANKIT SHAH(6371) for the Opponent(s) No. 3 NOTICE SERVED for the Opponent(s) No. 1 =============================================

CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MS. JUSTICE VAIBHAVI D.

NANAVATI Date : 28/11/2025

ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. Having heard the learned counsels for the parties and perused the record, pertinent is to note that in the affidavit filed on behalf of the respondent no.1 by the officer, viz. Deputy Conservator of Forest, Surat, specific contention has been made to the effect that the land in question admeasuring 20.76 hectares of Survey No. 434/A/1 of Village Hazira (Suvali), Taluka Choriyasi, District Surat is a notified reserved forest as notified under Sections 4 and 20 of the Indian Forest Act, 1927. The copies of the notifications dated 10.02.1975 and 25.06.2000 have been appended with the affidavit to substantiate the said fact.

2. It is further stated that as per the claim of the respondent no.2, the construction on the land in question (forest land) began before 2007 by it. Initially, the offences for violation of the Forest (Conservation) Act, 1980 were registered against the respondent no.2 Company on 19.01.2007 and 30.10.2007. However, subsequently on the request made by the respondent no.2 Company for diversion of the forest land, the matter was examined by the State Advisory Committee of the Central Government in a meeting held on 06.06.2012. A formal decision for diversion of 20.76 hectares of forest land was taken by invoking the penal provisions of the Forest (Conservation) Act, 1980.

3. It is further contended that pursuant thereto, the State Government sought prior approval of the Central Government for diversion of the subject land under Section 2 of the Forest (Conservation) Act, 1980 vide various communications between 2011 to 2013. The Central Government agreed in principle for the diversion of 20.76 hectares of reserved forest land for construction of housing accommodation and allied employees infrastructure facilities in Village Hazira (Suvali) in favour of M/s. Essar Steels Ltd., with stringent conditions by invoking penal provisions of the Forest (Conservation) Act, 1980. The copy of the approval order dated 08.06.2013 has been appended with the said affidavit at Annexure 'R2'. In a tabular form in paragraph '9' of the affidavit, the conditions in the approval order dated 08.06.2013 have been mentioned along with the remarks where present status shows that some of the conditions are pending compliance by the Company, whereas some of the conditions have been complied with.

4. Mr. Mihir Joshi, learned Senior advocate assisted by Mr. Raheel Patel, learned advocate appearing for the respondent no.2 Company, in rebuttal, seeks to invite attention of the Court to the affidavit dated 12.10.2025 filed by the respondent No.2 Company to submit that most of the conditions of the approval order dated 08.06.2013 have already been complied with by the Company.

5. In order to appreciate the arguments made by the learned Senior advocate appearing for the respondent no.2, pertinent is to note that there is no specific reply to the affidavit dated 12.10.2025 filed on behalf of the respondent no.1, viz. State of Gujarat, contents whereof has been noted hereinabove