SCA/17572/2007 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 17572 of 2007 ====================================== PUNJABHAI BHURABHAI PARMAR & 8 - Petitioner(s) Versus STATE OF GUJARAT & 22 - Respondent(s) ====================================== Appearance : MR TUSHAR MEHTA with MR. KETAN SHAH` for Petitioner(s) : 1 - 9. MS. REETA CHANDARANA, ASSTT.GOVERNMENT PLEADER for Respondent(s) : 1 - 4. DS AFF.NOT FILED (N) for Respondent(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 3 - 5, 9, 18,20 - 23. MR RD DAVE for Respondent(s) : 6 - 8,10 - 17, 19, ====================================== CORAM : HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN and HONOURABLE MR. JUSTICE MOHIT S. SHAH Date : 16/09/2008 ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN)
Heard learned counsel for the parties.
2. This
is a public interest litigation under Article 226 of the Constitution
of India, seeking writ of mandamus directing respondents Nos. 1 to 5
to restrain respondents Nos. 6 to 23 from carrying out any mining
activities in revenue Survey No. 144/4, on the plea that the mining
lease has been given on a land ear-marked as gaucher land.
3. Detailed
affidavit has been filed on behalf of the Collector, Porbandar and it
has stated in paragraph 5 of the affidavit that the present petition
is not maintainable at the instance of the petitioners, who
themselves are guilty of encroaching the gaucher land of village
Mocha. The affidavit further says that of late it was revealed that
mining rights were given on a small portion of gaucher land as well,
which was subsequently cancelled. Recently, an affidavit has been
filed on 4th August, 2008 by the Geologist, Porbandar to
bring on record the measurement undertaken by the D.I.L.R, Porbandar
and it has been stated that a survey was conducted by the Officers of
D.I.L.R in presence of the officers of the District Panchayat on
11.7.2008 to demarcate the gaucher land allotted to the District
Panchayat. It is stated that as per the measurement undertaken by
the Officers, leases in question are not granted on the gaucher land
allotted to the District Panchayat. Reliance was also placed on the
map produced on record, which shows several encroachments.
4. It
is stated by the Learned Assistant Government Pleader that only 2.6
hectors of land has been given for mining operation. It is also
further stated that steps have been taken to remove the encroachments
in the area in question.
5. In
these facts and circumstances, we see no reason to further probe into
the matter. The petition stands dismissed. Notice is discharged.
(K.S.
Radhakrishnan, C.J.)
(M.S.
Shah, J.)
*/Mohandas