(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) We have heard Mr.Gori for the petitioner and Mr.Thakor for the respondents no.4 and 5.
The enlarged map of the earlier map of Phase-I has been produced so far as it relates to south port and north port and the existing port.
The same is taken on record. The alleged breaches as per the committee report is for the area from 1,2, 3, 4, 5, 6 and upto 7. It further appears that there are two creeks, one is Koyla creek and the another is known as Navinal creek and the allegation is that the mangrove has developed inside the creek and peripheral area of the creek. Further, in the front portion of south port towards turning circle, it appears that no mangroves are shown over the said area.
Hence, in order to see that mangroves are sufficiently protected and at the same time, the development does not get adversely affected and is not hampered, the earlier is modified to the effect that there shall not be any construction or development from the yellow existing road of the existing port shown in the map in between the Koyla creek and Navinal creek and even 200 metres thereafter. The prohibited area is upto 200 metres from the end of the mangrove area shown in the map and for the sake of convenience, red marked square is marked in the map. The railway and road which are already in existence and the construction of which is already made, will remain.
The District Superintendent of Police shall ensure that the property security is deployed in order to observe compliance of the present order.
The existing railway and road shall be permitted to be maintained but with the clarification that the inflow and outflow of the water inside the creek and peripheral area of the creeks shall not be hampered in any manner.
The learned counsel for the applicant submits that there is no fixed date given of Writ Petition (PIL No. 12/11).
Hence, office to list the present application with Writ Petition (PIL No. 12/11) before the appropriate Court.
(JAYANT PATEL, J.) (R.M.
CHHAYA, J.) *bjoy Top