Citation : 2022 Latest Caselaw 10026 Guj
Judgement Date : 13 December, 2022
C/SCA/8717/2017 ORDER DATED: 13/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8717 of 2017
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FATESINGHBHAI AMRABHAI GAMIT & 16 other(s)
Versus
STATE OF GUJARAT & 5 other(s)
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Appearance:
JAGATSINH L VASAVA(7888) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,2,3,4,5,6,7,8,9
MR.JAY TRIVEDI, AGP for the Respondent(s) No. 1
MR HRIDAY BUCH(2372) for the Respondent(s) No. 4,5,6
NOTICE SERVED for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
Date : 13/12/2022
ORAL ORDER
1. The prayer in the petition reads as under:
"8(b) Your Lordships may be pleased to issue a writ of Mandamus or any other writ or order to the Respondent No-1 to 3 to stop illegal mining activities by the Respondent No-3 to 6 as per the judgment of Hon'ble Supreme Court in
2. Pursuant to the prayer so made, it is a specific
case of the private respondents appearing
through Mr.Hriday Buch that they are carrying
out mining activities in accordance with the
permissions granted by the competent
C/SCA/8717/2017 ORDER DATED: 13/12/2022
authorities including the Gujarat Pollution
Control Board. Environmental clearances have
been obtained from time to time and there is no
reason why the petitioner should apprehend that
the mining that is carried out is illegal.
3. Having heard Mr.Jagatsinh Vasava learned
advocate for the petitioners, Mr.Hriday Buch
learned advocate for the private respondents and
Mr.Jay Trivedi learned AGP for the State, the
aspect that is raised in this petition shall be
looked into by the respondents-State in
accordance with law within a period of eight
weeks from the date of receipt of copy of this
order.
4. The petition is disposed of with a clarification
that the Court has not examined the merits of the
matter.
(BIREN VAISHNAV, J) ANKIT SHAH
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