In a special civil application challenging an order permitting land excavation and ordering tree preservation, the High Court held the petition infructuous because an affidavit confirmed no mining or digging activities were ongoing at the site.
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C/SCA/16239/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16239 of 2015
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HASMUKHBHAI CHIMANLAL PATEL & 3 other(s)
Versus
STATE OF GUJARAT & 8 other(s)
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Appearance:
MR DJ BHATT(164) for the Petitioner(s) No. 1,2,3,4 GOVERNMENT PLEADER(1) for the Respondent(s) No. 1,2,3,4,5,6,8 MR HS MUNSHAW(495) for the Respondent(s) No. 7 UNSERVED REFUSED (N)(10) for the Respondent(s) No. 9
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CORAM: HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 01/10/2019
ORAL ORDER
In this petition, the petitioner has prayed for the following reliefs :
“(A) Your Lordships may be pleased to issue appropriate writ, order and direction and there by quash and set aside the order dated 4/9/2015 passed by Geologist respondent no.3 of permitting excavation of land of 20,000/- metric tone from block no. 913 of village- Intola Dist : Vadodara in the interest of justice.
(B) Your Lordships may be please to declare that order passed by respondent no.3 of 3 of permitting excavation of land of 20,000/- metric tone from block no. 913 of village – Intola Dist : Vadodara is unjust, improper, illegal and thereby quash and set aside the same in the interest of justice.
(C) Pending hearing and final disposal of this petition your Lordships may be please to direct the respondent no.8 not to cut, fall 160 trees existing on Block no.913 of village – Intola Dist : Vadodara in the interest of justice.
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C/SCA/16239/2015 ORDER
(14CC) Pending hearing and final disposal of this petition Your Lordships may be please to stay the excavation of land work from block no. 913 of village-Intola Dist : Vadodara in the interest of justice.
(D) Pending hearing and final disposal of this petition direct the respondent no.8 their agents and servants to keep 10 meters of margin land from the boundary of agriculture lands which touches the Block No. 913 of Village-Intola Dist : Vadodara in the interest of justice.
(E) Your Lordships may be please to direct the respondent no.8 to keep margin of 10 meters on each side of Block No. 913 of Village – Intola, Dist Vadodara in the interest of justice.
(F) Your Lordships may be please to direct the Collector, Vadodara to provide proper safety measures from Block No. 913 of village Intola Dist : Vadodara so that in monsoon fold water may not enter from block no. 913 and thereby may not damage agriculture lands of the petitioners in the interest of justice.
(G) Such other and further relief which your Lordships deem fit may kindly be granted in the interest of justice.”
Pursuant to order passed by this Court (Coram : Hon'ble Mr. Justice R.M. Chhaya) dated 23rd December, 2016, an affidavit in reply is filed on behalf of respondent no.1 wherein in paragraph no.2 it is stated as under :
“2. I say and submit that in presence of panchas and Mamlatdar (Vadodara Rural), circle officer (Vadodara Rural) and the team of Geology and Mining department the investigation was made on 09.01.2017 in Revenue Block No. 913 of village Itola, Dist : Vadodara that no fresh mining activity is made and no digging activity is continued in the land revenue block no. 913 at Itola, Dist : Vadodara. The copy of panchnama and photographs are annexed hereto and marked as Annexure-R2 colly.”
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C/SCA/16239/2015 ORDER
In view of the aforesaid affidavit filed on behalf of respondent no.1 as there is no mining or digging activities being carried out in the land in question, this petition has become infructuous. However, the petitioner is at liberty to take appropriate steps before appropriate forum in accordance with law for grievance, if any, which may subsist.
Petition is therefore, disposed of as having become infructuous with the aforesaid liberty.
(BHARGAV D. KARIA, J)
RAGHUNATH R NAIR
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HASMUKHBHAI CHIMANLAL PATEL
STATE OF GUJARAT
BHARGAV D. KARIA
RAGHUNATH R NAIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
