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WPPIL/69/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT
PETITION (PIL) No. 69 of 2011
=========================================================
SALAYA
MACHHIMAR BOAT ASSOCIATION THROUGH VICE PRESIDENT - PETITIONER
Versus
UNION
OF INDIA & 4 - RESPONDENT
=========================================================
Appearance
:
MR
JITENDRA MALKAN with MS KHUSHBOO V MALKAN
for
PETITIONER : 1,
MR PS CHAMPANERI for RESPONDENT : 1,
MR PK
JANI, GOVERNMENT PLEADER for RESPONDENT : 2, 5,
MR PR NANAVATI for
RESPONDENT : 3,
MR SI NANAVATI, SR.ADVOCATE for NANAVATI
ASSOCIATES for
RESPONDENT:4,
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 06/09/2011
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J.MUKHOPADHAYA)
The
petitioner – Association is representing the fishermen of
Salaya, District Jamnagar. The grievance is that respondent no.4 is
constructing jetty over the marine sanctuary resulting into
destruction of marine life, flora and fauna, namely, Salaya Marine
National Park and Sanctuary. It is further alleged that if the jetty
is allowed to be constructed, it would result into loss of occupation
of about 8,000 fishermen and thereby 8,000 families of 14 villages of
Salaya Taluka will lose their occupation.
On
appearance, respondent no.4 has taken a plea that it has not started
any activity in the forest land admeasuring 4.6 hectare, for which
permission from the Department of Environment and Forests, Government
of India is awaited. The Company will not start any activity in this
area till such permission is received, and as and when granted, it
would strictly abide by the terms and conditions imposed while
granting the permission. It is informed that no mangrove trees have
been cut or damaged.
Learned
counsel appearing on behalf of respondent no.4 would submit that
jetty is under construction in a non-forest area in terms with the
Environmental and CRZ clearance granted by the Government of India,
Ministry of Environment and Forests.
In
the fact and circumstance, we allow two weeks time to the Union of
India, Ministry of Environment and Forests, New Delhi to file
affidavit and state as to whether any permission has been granted for
any construction including jetty in the coastal area which may affect
the marine life, flora and fauna of Salaya Marine National Park and
Sanctuary.
Post
the matter on 11th October 2011 within five cases.
Until
further order, respondent no.4 will not make any construction over
the Marine Sanctuary and shall not destruct any marine life, flora
and fauna of Salaya Marine National Park and Sanctuary. They are
prohibited from cutting the mangrove trees from any of the areas
including the area for which the permission has been granted and
shall not fill up any area affecting the mangrove trees. They are
also prohibited from doing any activity in or around the Salaya
Marine National Park and Sanctuary.
(S.J.Mukhopadhaya,
CJ.)
(J.B.Pardiwala,
J.)
/moin
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