AJIT D PADIWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Special Civil Application No. 10605 of 1995 was filed by late Shri Ajit D. Padival, who was a practising lawyer of this Court. The main prayer in that petition, filed as a public interest litigation, is to direct respondent Nos. 1 to 4, 6 and 7, Union of India, State of Gujarat and its Officers to take effective steps against the unauthorised and illegal encroachment made by the 5th respondent, Sanghi Industries, over an extent of 500 hectares of reserved forest land for the construction of a jetty. Allegations made therein, that respondent No. 5 is encroaching upon extensive forest areas for construction of jetty, were based on a news item, which was published in Daily newspapers, having wide circulation. The construction of jetty and connecting roads are within the reserved mangrove forest in Kutch. Though the Conservator of Forests, Kutch Circle, tried to prevent the 5th respondent from carrying on illegal activities within the forest area, revenue authorities are taking a contrary view of the matter and are siding with the 5th respondent. 5th respondent has encroached upon reserved forest area of Golai village and also into the mangrove reserved forest near Akri village, violating the provisions of the Forests Act, 1927 and the Forest Conservation Act, 1980. Under S.20 of the Forests Act, 1927, Government of Gujarat had declared the lands of west mangrove forest of Talukas Abdasa and Lakhpat of Kutch District as reserved forests. 130,846 acres and 37 gunthas of land so declared as reserved forests still continue to be reserved forest and no non-forest activity can be permitted in that area. 5th respondent has trespassed into the west mangrove forest without any authority and started construction of jetty and approach road. These activities will lead to adverse impact on environment and ecology. Activities resorted to by the 5th respondent will destroy the mangrove forest and annihilate the entire marine wildlife.

(2.) Special Civil Application No. 2870 of 1996 has been filed by World Wide Fund for Nature India, a Public Trust registered under the Bombay Public Trusts Act. According to them, State of Gujarat, by Notification dated 12-9-1975, issued under S.20 of the Forests Act, 1927, declared the lands of western mangrove forest as reserved forest. 3rd respondent, Sanghi Cements, has constructed a road on the reserved forest land connecting it to the main land where they have put up their factory. This road is 50 metres wide and 1,150 metres long. They have also constructed bridges across rivers. They have constructed a jetty within the boundaries of the western mangrove reserved forest. The illegal activities and unauthorised encroachments made within reserved forests by the third respondent violates the provisions of S.2 of the Forest (Conservation) Act, 1980. Construction of jetty, bridges and road, leading to the jetty, violates the provisions of the Coastal Regulation Zone Notification dated 19-2-1991, issued under S.3 of the Environment (Protection) Act, 1986. That Notification prohibits all constructions on the land, which are influenced by the tidal action (in the landward side) upto 500 metres from the high tide line. It also prevents such activities in between the low tide line and the high tide line. Under clause (2), no construction is permissible in areas, which are ecologically sensitive, like National Parks, Sanctuaries, reserved forests and mangroves. On 7th July, 1995, 3rd respondent applied for permission under Coastal Regulation Zone Notification of 1991. That application was not in proper form. 3rd respondent was directed to file proper application, with all details and route it through the State Government. Thereupon, it is alleged, 3rd respondent did not approach the Central Government, but has constructed the jetty, bridges and portion of the road, leading to jetty, which falls within the Coastal Zone Regulation Notification. On these averments, it is prayed that State Government may be restrained from granting any lease or right to the 3rd respondent over lands falling within reserved forests without complying with S.2 of the Indian Forest Conservation Act, 1980 and to restraint the 3rd respondent from carrying on any construction of the jetty, road or bridge in any portion, which falls within the Coastal Regulation Zone Notification.

(3.) The Indian Council for Enviro-Legal Action moved the Supreme Court in Writ Petition (C) No. 664 of 1993, challenging the setting up of factories, construction of bridge and other activities, which violated the environmental laws of the land. One of the Projects, which, as per the petitioners, violated the Environmental Laws, is the Sanghi Jetty/Cement Project in Kutch. National Environmental Engineering Research Institute ("NEERI") was directed by Their Lordships to examine environmental viability and sustainability of the Project. NEERI submitted their report to Court. When the matter came up for hearing on 23-12-1996, Their Lordship felt that the issue raised before that Court be better dealt with at the High Court level. Their Lordships remitted the issue to this Court for considering all issues raised therein, along with the pending matters. Consequently, Special Civil Application No. 590 of 1997 was registered.