SAIYED FAKHRODDING IMAMMIYAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This writ-petition is filed by way of Public Interest Litigation by a resident of village Undhela, Taluka-Matar, District-Kheda, seeking the prayers which read as under:

(2.) It is the allegation of the petitioner in the petition that in spite of large-scale unauthorized excavation of sand and removal of minerals from the govt. lands, covered by survey nos. 102, 398, 815 (covered by village pond) and 720 (gauchar) of village Undhela, no action is taken by the respondent authorities. The petitioner has also referred to various representations made to the authorities of Geology and Mines Department, Panchayat Department and Gram Panchayat. In view of the allegations made by the petitioner in the petition, this Court passed orders on 7th December 2016, calling for the report from the Assistant Geologist, Geology and Mines Department, District-Kheda, on the allegations made by the petitioner. We directed the Assistant Geologist to make inspection at the site within three days from the date of the order and submit report to this Court.

(3.) Pursuant to the orders passed by this Court as above, the Assistant Geologist, Geology and Mines Department, District- Kheda has filed affidavit in reply. In the affidavit in reply, he has stated that he has made inspection as per the direction given by this Court and prepared report on the allegations made by the petitioner. Copy of the report prepared by the Assistant Geologist pursuant to the order passed by this Court read as under: