MANJULABEN RAMNIKLAL THANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present writ application, the applicant seeks quashing of F.I.R. being C.R. No.I-32 of 2015 registered with Kalyanpur Police Station, District Devbhoomi Dwarka for the offences punishable under sections 4(1), 4(1)(a) of the Mines and Minerals (Development and Regulation) Act, 1957 ('the MMDR Act' for short).

(2.) The facts of the case as mentioned in the memo of the application are as under:

(3.) Learned advocate Mr.A.S.Vakil for the applicant submitted that in the impugned F.I.R. there are reference of various orders/letters, however, the same are not supplied to the applicant and as per the orders/letters all mining lease within 1 km. periphery of the reserved forests, Marine Reserve or Marine Sanctuary are required to be closed with immediate effect. He has submitted that as per the impugned F.I.R., the mining lease of the applicant is within 1 km. periphery of Marine Sanctuary and that the applicant was vide letter dated 20.07.2013 informed / ordered to close down the mining activity. However, as per the impugned F.I.R., on examination of the online F-3 Return, the applicant in January 2015, had mined 32,000 MT and in February 2015 had mined 28,000 MT of bauxite.