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2017 DIGILAW 1269 (GUJ)

Maldebhai Nathubhai Nandaniya v. State of Gujarat

2017-07-10

B.N.KARIA, M.R.SHAH

body2017
JUDGMENT : M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Single Judge dated 02/07/2015 in Special Civil Application No. 1084/2014 by which the learned Single Judge has dismissed the said Special Civil Application preferred by the appellant herein and has confirmed the orders passed by the authorities below by which the Collector cancelled the lease of mining of black trap, which was found to be within the radius of 5 kms of eco sensitive zone of Gir Forest Sanctuary, the appellant herein - original petitioner has preferred the present Letters Patent Appeal under Clause 15 of the Letters Patent. 2. The facts leading to the present Letters Patent Appeal in nutshell are as under; 3. The Collector, Junagadh sanctioned for the appellant herein - original petitioner quarry lease for mining of black trap on 28/08/2002 from 20/11/2002 to 19/11/2012 for 10 years. The same was in Survey No. 154 paiki admeasuring 00.64.75 Hectors but as it was found that the mining lease falls within the radius of 5 kms from Gir Forest Sanctuary, which was declared to be eco sensitive zone, pursuant to the order and directions issued by the Hon'ble Supreme Court, the Collector, Junagadh vide order dated 16/05/2007 cancelled the mining lease with immediate effect and directed the appellant herein - original petitioner to handover the possession of lease area to the Mamlatdar. Against the said order, appellant herein - original petitioner preferred Appeal before the appellate authority and the appellate authority dismissed the Appeal on 04/07/2012. The order passed by the appellate authority came to be confirmed by the revisional authority vide order dated 20/11/2013 and thereafter the same has been further confirmed by the learned Single Judge vide the impugned judgment and order. 4. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Single Judge, the appellant herein - original petitioner has preferred the present Letters Patent Appeal under Clause 15 of the Letters Patent. 5. Shri Nangesh, learned advocate appearing on behalf of the appellant has vehemently submitted that as such before passing the order, no opportunity of hearing was given by the Collector, Junagadh to the appellant herein - original petitioner. 5. Shri Nangesh, learned advocate appearing on behalf of the appellant has vehemently submitted that as such before passing the order, no opportunity of hearing was given by the Collector, Junagadh to the appellant herein - original petitioner. Shri Nangesh, learned advocate appearing on behalf of the appellant has further submitted that as such the land in question does not fall within the radius of 5 kms from the Gir Forest Sanctuary and according to him it is 7 kms away. It is submitted that therefore the order cancelling the mining lease on the ground that same falls within 5 kms radius from the Gir Forest Sanctuary deserves to be quashed and set aside. 6. We have heard Shri Nangesh, learned advocate appearing on behalf of the appellant and Shri Hardik Vora, learned Assistant Government Pleader appearing on behalf of the respondents. At the outset it is required to be noted that the learned Single Judge has specifically held and observed that there is nothing worth to support and substantiate the bare submission of learned advocate for the appellant-original petitioner that the quarry lease area was beyond area declared as eco sensitive zone and to dislodge in any the concurrent findings recorded by all the three authorities. Under the circumstances, as such, there is concurrent findings of fact given by three authorities below that the quarry lease area was within 5 kms radius from Gir Forest Sanctuary, which is declared to be eco sensitive zone. The mining lease was cancelled by the Collector, Junagadh considering the directions issued by the Hon'ble Supreme Court, more particularly, when it was found that the quarry lease, which is granted, falls within the radius of 5 kms from Gir Forest Sanctuary, which has been declared as eco sensitive zone. Under the circumstances, it cannot be said that the learned Single Judge has committed any error, which calls for the interference of this Court in exercise of appellate jurisdiction. Under the circumstances, the present Letters Patent Appeal fails and the same deserves to be dismissed and is accordingly dismissed. Notice is discharged. CIVIL APPLICATION NO. 12429/2015 7. In view of dismissal of the Letters Patent Appeal, Civil Application also stands dismissed.