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Kutch Writ Petition (Pll) No 214114 V/S State of Gujarat and Others

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Kutch Writ Petition (Pll) No 214114 V/S State of Gujarat and Others l) IN THE HIGHCOURT OF GUJARATAT AHMEDABAD District:Kutch WritPetition (PlL) No 214114 PravinsinghBhurubha Chauhan V/s Stateof Gujaratand others AFFIDAVIT l, fv)el-..Q-a,.'{^*.J.P''.'+e"q Collector Kutch, do herebysolemnly affirm and stateon oathas under. 1. I say and submit that at the very outset, I tender an unconditionalapology as therewas no intentronto disobeyor disrespectthe order passedby the Hon'bleHigh Court.The ordersof the Hon'bleHigh Court have been alwaystaken in high esteemand its true spirit. I furthersay and submitthat 3'.L:- there has been some miscommunicationwith theoffice of the GovernmentPleader as a result,could not filemy reportwithin thetime granted. 2. I say and submitthat I am filingthis Affidavitfor the limited purposeof placingon recordmy preliminaryreport in lightof the surveybeen carried out on 25-74aby my teamat the place in question.The reasonwhy the finalreport could not be filedis due to the fact that this Hon'ble.:;Xn."lledfor satelliteimages, the said satelliteimages are to be procuredfrom National Remote Sensing Agency, Hydrabad,which is a Central GovernmentAgency. ( Annexedhereto and markedAnnexure R1 is the copyof the PreliminaryRepoft, along with the Rojkam and photographs) 3. I say and submitthat I reservemy rightto filea detailreport on meritsat the timeof filingthe FinalReport. l'," (-* SolemnlyAffirmed at Ahmedabadon 28thJffi12 014 DEPONANT fl /\ -\ _r REPORT OF THE RESPONDENTNO.s (COLLECTOR, KUTCH BHUJ) AS PERTHE ORDERDATED lOrH July, 2OL4 PASSED BY THE HON'BLE GUJARAT HIGH COURTIN WRIT PETITION (P.I.L.) No. zt$/2OL4 Sub: Order dated 10thJuly, 20L4 passedin Writ Petition (PIL) No. 270 of 2014 passedby the Hon'bleGujarat Hlgh Cou rt. 1. The brief facts of presentcase is that Mr. Pravinsingh BhurubhaChauhan has filed the subjectpetition before the Hon'bleGujarat High Court and the Hon'bleCourt vide order dated 10thJ u ly, 2010 has directed the Respondent No.5to givea report. 2. It is stated in the petitionthat the RespondentNo.2 of presentproceedings viz., Adani Port and SpecialEconomic Zone Limited, should be directed to stop all activitieson all sanddunes including "Mor Dhuva"not allottedto the RespondentNo.2 companyin and around Tunda and Vandhvillages, Td: Mundra,Kutch. It is alsostated that these sand dunes includeBharadi Mata DhuVd,Vekari DhuVd,Bet Dhuva and Anay Dhuva. A map is also annexedat AnnexureA to the petition. 3" In this regard,a team comprisingof the DeputyCollector, Mundra(as a Chairmanof the team),Mamlatdar, Mundra, the officers of the Gujarat PollutionControl Board, D.I.L" R. department's officers as well as the officersof the Officeof Geologyand Miningvisited the site on 25tftJuly, 2AL4 and made the spot investigation.Annexed hereto and marked as ANNEXURE"R/ 1" is a copy of ttre Rojkamand the photographstaken during the sitevisit. 4. The Petitionerhas given referencewith regardto "Mor DhuVd,Bharadi Mata Dhuvd,Vekari DhuVd, Bet Dhuva and Anay Dhuva"at villageTunda of TalukaMundra. In this regard, the map an nexed at Annexu re A to the petition is said to be an official map of the Forest Department.This officehas ascertainedthe statusof the land and it has come to the noticethat the area falls within the jurisdiction of the Forest Department. Therefore,Forest Department was consultedon the issue and as informed by the Deputy Conservatorof Forest, KutchEastern Forest Division, Bhuj, Vide their letter dated 26thJuly, 20L4 (*ANNEXURE R2"), Mangrovearea of MundraTaluka which is underthe ForestDepartment, was declaredas the reserveforest under the provisionsof Section20 of the IndianForest Act, 1927.The four sldes of the forestland are as such: JI EASTERN:The territoryof Bandi Creek Muki Port; WESTERN: KamvariCreek edge; NORTHERN : From Koyali Creek, upto Kamvari Creeek, village Dhrab, Zarpara, Navinalas weli as the sim of Sirachaare situated; SOUTHERN:Sea is situated. The ForestDepartment has informedthat from amongst the aforesaidland, 1840.00Ha of forest land has been allottedto the RespondentNo.2 in 2009 for use non- forest under the Forest(Conservation) Act, 1980 by the Governmentof India.A possessionreceipt is alsogiven by the ForestDepartment. The ForestDepartment has also informedthat the areas known as BharadiMatai Dhuva and VekariyaDhuva mentionedin the petitiona re not allotted to the User Agencyand the possessionof this area is with the Forest Departmentand the UserAgency has not carriedout any workin thisarea. , The Forest Departmenthas further informed that as 1i llt1 tl . r \\ informed by the Directorof Forest,ten days' time is \\ I t requ ired to compa re the land decla red as reserved forest, \{b and the Dhuva,Mor Dhuvaand Bet Dhuvasaid to have I 11 ll il non-forest t! been in the land allotted to the User for il it !l tl il lt purpose,from the map of landallotted to the UserAgency litl andthe SettlementMap of the ForestDepartment. 5, As per the visit reportproduced along with the reportof the RegionalOfficer, Gujarat Pollution Control Board, Bhuj dated 26thJuly , 20!4 (ANNEXURER/3) no construction activitiesis seen at site for proposedship recycling facility.On the spot,the reclamationis seen.The project proponenthas not undertakenany activitiesfor the ship recyclingfacility, 6. During the sitevisit, the representativeof the Respondent No.2stated that they havebeen given the permissionfor developmentof West Port which includesdredging and reclamationnear West Port area. This permissionha's been given by the Min istry of Environment and Forests, the Governmentof India,vide its letterNo. 10-47/2008- 1A-03dated 12th January,2009 and addendum dated 1gth January,2009. The representativeof the Respondent No.2stated that they haveapplied for environmentaland CRZclearance for ship recyclingproject and the projectis under the considerationof the Ministryof Environment and Forests,New Delhi.Government of India.It is stated ._\, -) \"r that at present,no constructionactivity of any natureis undertakenfor the ship recyclingproject. It is statedthat the reclamationis done as a part of the Water Front DevelopmentProject. 7. Submittedwith respectto the Hon'bleCourt, THE KUTCH BHUJ r\ (J \:1l f',\l.i r'.-i qi-:,ii $, i( " I {"{!:- {*{ I uj} 1-l-tl} 1'3*'y L-{I r.r1I Age"?t e-tr lo"l I ?€ I rt S.?t' ibt<r ftp q[..ff\-,I .E:t<..L*'Jt {i..q -n ?n, [fxr--r r €J {bt*.1-rr.l- { cd{; Sil a ' <z{} .ui) A; f*1s -Y 1 ; e' a;*. gtr ? .Lat gc"tr, *arrflar,n', Rc{t. ?4"*:} ilor,l .e.erin,.n s-o 3*t, qfi"''"*?r'r ,''lt-:lu ;[ ge -rrr*f €;\ -e'1fr ilu R* , , *o' t't ;'"rt e''r 6"J € -gu d \tzr ttc,t:. r.:r oi .4s'e rr c-' tJ i1""" gJ'&'r' .*flbt(e,r:. \c*t\t* *1e*fi \-{l'**:n'' $fft-r rc'\ {-Jrt5 }.* r c*ib1t o.4t} .f tdl ^ -l'x r t|' c$tTf1" 6}1 A -{eg JLl,$ | .{ rrtf { turcr r'r - - ) -€48 *fisz;-- lfi' ^*'"{-' cgf? 'rf} *J31n7 14 td aa4aa'Irrir r'r-r-)^ * .. 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