LAWS(GJH)-2023-2-1524

SAMATBHAI JEGHABHAI BARAD Vs. STATE OF GUJARAT

Decided On February 28, 2023
Samatbhai Jeghabhai Barad Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of present petition under Articles 226 read with Articles 14, 16 and 21 of the Constitution of India, the petitioner, who is an agriculturist, has approached this Court for issuance of writ of mandamus directing the respondents to consider the applications / complaints dtd. 31/1/2021 and 12/5/2022 made by the petitioner about the effect of the activities carried out by one company viz. Gujarat Heavy Chemicals Limited resulting into pollution of the area.

(2.) It is the case of the petitioner that due to such activities the petitioner is unable to use his agricultural land bearing Revenue Survey No.2125/2 admeasuring 0/47/56 Sq. Mtr. situated at Sutrapada, Gir Somnath (hereinafter referred to as "said land").

(3.) Learned advocate Ms. Shivangi Vyas appearing for the petitioner has taken us through application dtd. 31/1/2021 made by the petitioner to the District Agriculture Office, District Panchayat, Gir Somnath as well as communication dtd. 29/3/2022 of the District Agriculture Office, District Panchayat, Gir Somnath addressed to the office of the Regional Pollution Control Board, Junagadh about the grievance raised by the petitioner. It is the case of the petitioner that no appropriate action is taken on the representations made by the petitioner.