JODA ISMAIL JIVABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms.Mini Nair, learned Assistant Government Pleader, waives service of Rule on behalf of the respondents No.1 to 4 and 6. Having regard to the facts of the case and with the consent of the learned counsel for the parties, the matter is being heard finally today.

(2.) This petition, under Article 226 of the Constitution of India, has been filed by the petitioners with the following prayers:

(3.) The brief facts of the case, as stated in the petition, are that the petitioners are farmers residing in Maliya (Miyana), District: Rajkot, and own agricultural lands within the boundaries of Maliya. It is the case of the petitioners that the respondents are not taking appropriate action in restricting the use of waste land and open land of Maliya, for the storage of salt by various salt industries which are operating in the area. The petitioners have annexed the representation dated 26.4.2006, addressed to the Collector of the District, spelling out their grievances in this regard, in detail. A copy of the same is annexed as Annexure-A to the petition. According to the petitioners, there are various salt manufacturing industries located in the region. It is averred that after manufacturing and processing the salt, it is stored in heaps upon the open land by the manufacturers. It is further averred, that due to the storage of salt on the open land, the agricultural lands of the petitioners are deteriorating, and are being rendered uncultivable and barren, due to the underground seepage of water mixed with salt, rendering them unfit for agriculture. It is emphasized in the petition that the underground drinking water is also being polluted causing great hardship to the petitioners, including damage to health and property. It is averred that the petitioners have addressed various letters and representations to the authorities in this regard, for the redressal of their grievances, but since no concrete action has been taken, they have approached this Court by filing the present petition.