IBRAHIMBHAI PIRABHAI PARSANI vs STATE OF GUJARAT
- Court
- Gujarat High Court
C/WPPIL/35/2026 (GJHC240463802026) JUDGMENT DATED: 10/09/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) NO. 35 of 2026
=============================================
IBRAHIMBHAI PIRABHAI PARSANI
Versus
STATE OF GUJARAT & ORS.
=============================================
Appearance:
ARCHANABEN B GOSWAMI(8154) for the Applicant(s) No. 1
MR MAHENDRA U VORA(3034) for the Applicant(s) No. 1
MS HETAL PATEL, AGP for the Opponent(s) No. 1,2,4,5,6
MR NR MEHTA for Opponent No.3
MR MAULIK NANAVATI for NANAVATI & CO.(7105) for the
Opponent(s) No. 8
=============================================
CORAM: HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 10/09/2026
ORAL JUDGMENT
(PER : HONOURABLE THE CHIEF JUSTICE
MRS. JUSTICE SUNITA AGARWAL)
1. Heard Mr. Mahendra U. Vora, learned advocate for the
petitioner. Mr. N.R. Mehta, learned advocate appears
for the respondent no.3, Mr. Maulik G. Nanavati for
respondent no.8 and Ms. Hetal Patel, learned Assistant
Government Pleader for the State respondents.
2. This is a misconceived petition filed in the nature of
public interest litigation, by a person who claims to be
an agriculturist and resident of village Jaswantgarh
(Bhemal), Taluka Danta, District Banaskantha.
3. The contention in the writ petition is that besides doing
Page 1 of 5
Uploaded by BIJOY B. PILLAI(HC00202) on Mon Sep 14 2026 Downloaded on : Mon Sep 14 17:34:20 IST 2026
C/WPPIL/35/2026 (GJHC240463802026) JUDGMENT DATED: 10/09/2026
agricultural activities for maintaining himself and his
family, the petitioner is also doing social work for the
welfare of the villagers. There is no detail of the
agricultural landholdings of the petitioner in the writ
petition.
4. It is further stated in paragraphs ‘4.3’ and ‘4.4’ of the
writ petition that the petitioner being local resident, is
aware of illegal mining/quarry operation activities being
carried out by quarry leaseholders indiscriminately in
village Jaswantgarh (Bhemal) and nearby villages,
namely Vajasana, Obaghata, or Taluka Danta, District
Banaskantha.
5. The contention is that, as per the information of the
petitioner, there are about 49 quarries and 21 asphalt
plants running in Taluka Danta - Jaswantgarh (Bhemal).
The assertion is that the quarry operators are operating
quarries :-
without valid Environmental clearance;
beyond lease area;
without consent from GPCB;
without dust suppression systems;
without safety zones;
without proper transportation regulation.
6. The further contention in paragraphs ‘4.5’ and ‘4.6; of
the writ petition is that due to heavy blasting activities,
nearby residential areas, schools, and agricultural fields
are affected as cracks are caused in houses and there is
danger to human life. The trucks transporting minerals
Page 2 of 5
Uploaded by BIJOY B. PILLAI(HC00202) on Mon Sep 14 2026 Downloaded on : Mon Sep 14 17:34:20 IST 2026
C/WPPIL/35/2026 (GJHC240463802026) JUDGMENT DATED: 10/09/2026
overload public roads, causing severe dust pollution and
destruction of roads. The quarrying activities are also
affecting groundwater recharge and natural drainage
system.
7. It is further contended in paragraph ‘4.6’ of the writ
petition that quarry lease are being granted by the
Government authorities, subject to compliance with the
prevailing laws, rules and regulations. However, the
quarry holders are carrying out quarry activities in
violation of various laws and causing danger to the
environment. The illegal quarry operations are
causing :-
severe air and noise pollution,
damage to agricultural lands,
depletion of groundwater,
destruction of village roads,
danger due to blasting activities
health hazards to local residents,
ecological imbalance.
8. The submission is that because of illegal activities of
illegal quarries, mining, and asphalt plants operating in
various villages, there is a serious concern of damage to
air, water, agricultural crops, forest, etc., and there is a
concern of the outbreak of diseases like Tuberculosis
and Asthma. The environmental hazards frequently lead
to chronic respiratory conditions, cardiovascular issues,
central nervous system disruptions, and various cancers.
9. While making all these submissions in the writ petition,
pertinent is to note that there is absolutely no specific
Page 3 of 5
Uploaded by BIJOY B. PILLAI(HC00202) on Mon Sep 14 2026 Downloaded on : Mon Sep 14 17:34:20 IST 2026
C/WPPIL/35/2026 (GJHC240463802026) JUDGMENT DATED: 10/09/2026
assertion with regard to the specific quarry
leaseholder(s) running the mining activities in violation
of statutory rules and the environmental laws. None of
them have been impleaded in the writ petition.
10. The further submission is that the Jaswantgarh
Gram Panchayat has issued a public notice dated
01.01.2024, notifying that because of the quarry
activities and operation of asphalt plant, there is a huge
dusting and as a consequence, villagers are suffering
from various diseases. Request has been made to the
competent authority to stop such activities.
11. It is further submitted that on 20.02.2025, a meeting
took place between villagers and quarry leaseholders
wherein the village representatives permitted the quarry
leaseholder to continue to carry out quarry activities till
30.06.2025 on certain conditions such as sprinkling
water, installation of net, etc.
12. The petitioner has also made a complaint before the
Gujarat Pollution Control Board for the illegal quarry
activities and operation of asphalt plant and has also
filed an application before the National Green Tribunal
in the prescribed form and after paying necessary fees
raising the above noted grievances. The contention is
that no relief till date has been granted in the pending
application before the National Green Tribunal.
13. Taking note of all these contentions made in the writ
Page 4 of 5
Uploaded by BIJOY B. PILLAI(HC00202) on Mon Sep 14 2026 Downloaded on : Mon Sep 14 17:34:20 IST 2026
C/WPPIL/35/2026 (GJHC240463802026) JUDGMENT DATED: 10/09/2026
petition and the fact that the petitioner has already
approached the National Green Tribunal raising larger
issue of environmental concern on account of the mining
activities by the quarry leaseholders while not following
the rules and regulations and environmental laws,
appropriate course for the petitioner would be to pursue
the pending application before the National Green
Tribunal, which is empowered to initiate appropriate
action against the violators.
14. In view of the above, the present petition stands
dismissed for the reason that the petitioner has already
availed the alternative efficacious remedy by
approaching the National Green Tribunal for redressal
of the grievances raised in the present public interest
litigation. Dismissed as not maintainable.
(SUNITA AGARWAL, CJ )
(DIVYESH A. JOSHI,J)
BIJOY B. PILLAI
Page 5 of 5
Uploaded by BIJOY B. PILLAI(HC00202) on Mon Sep 14 2026 Downloaded on : Mon Sep 14 17:34:20 IST 2026