C/WPPIL/11/2019                                 ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/WRIT PETITION (PIL) NO. 11 of 2019

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                      VIJAYBHAI ISHWARBHAI NAYKA
                                  Versus
                           STATE OF GUJARAT
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Appearance:
MR HARSHADRAY A DAVE(3461) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 10,11,2,3,4,5,6,7,8,9
MS NISHA THAKORE AGP for the RESPONDENT(s) No. 1
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 CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ANANT S.
        DAVE
        and
        HONOURABLE MR.JUSTICE BIREN VAISHNAV

                           Date : 28/01/2019

                      ORAL ORDER

(PER : HONOURABLE THE ACTING CHIEF JUSTICE ANANT S. DAVE)

1. Heard learned advocate for the petitioner.

2. Considering the prayer clause 12 about issuance of writ of mandamus or any other appropriate writ, order or direction to close down the illegal stone mining and blasting operations which are carried out on block numbers 197, 150, 131 and 110 at Duvada village, Gandevi Taluka, District:Navsari which lies nearby National Highway No.8 and blasting and other operations carried out by private respondent nos. 8 to 11 result into environmental hazard and causes pollution including damage to the standing crop, agricultural field, residential housing and other such buildings. It is submitted that inspite of representation made to competent authorities including the District Collector of District Navsari and other Government authorities have not yielded any fruitful result.

C/WPPIL/11/2019 ORDER

3. At this stage, we deem it just and proper that officer of respondent No.3 namely, Gujarat Pollution Control Board may visit the above site and shall submit a report to the District Collector Navsari so as to take appropriate action after following due proper procedure in case if such report of respondent no.3 reveals breach of any provisions of either Air Prevention and Control of Pollution Act, 1981 Water Prevention and Control of Pollution Act, 1974 and the Environment (Protection) Act, 1986 or any other environmental law, rule, regulation or notification in this regard.

4. Such an exercise be undertaken within three weeks from the receipt of the order passed by this Court and accordingly, this petition is disposed of, at this stage.

5. Direct service is permitted.

(ANANT S. DAVE, ACJ) (BIREN VAISHNAV, J) NAIR SMITA V.