S. JAGANNATH v. UNION OF INDIA AND ORS.

The Judgment of the Court was delivered by D KULDIP SINGH, J. Shrimp (Prawn) Culture Industry is taking roots in India. Since long the fishermen in India have been following the tradi- tional rice/shrimp rotating acqua culture systelll. Rice is grown during part of the year and shrimp and other fish species are cultured during the rest of the year. However, during the last decade the traditional system which, .E apart from producing rice, produced 140 kgs. of shrimp per hectare of land began to' give way to more intensive methods of shrimp culture which could produce thousands of kilograms per hectare. A large number of private companies and multi-national corporations have started investing in shrimp farms. In the last few years more than eighty thousand hectares · F of land have been converted to shrimp farming. India's Marine export weighed in at 70,000 tonnes in 1993 and these exports are projected to reach 200 thousand tonnes by the year 2000. The shrimp farming advocates regard acquaculture as potential savior of developing countries because it is a short-duration crop that provides a high investment return and enjoys an expanding market. The said expectation is sought to be achieved by G replacing the environmentally benign traditional mode of culture by semi- intensive and intensive methods. More and more areas are being brought under semi- intensive and intensive modes of shrimp farming. The environ- mental impact of shrimp culture essentially depends of the mode of culture .._,H adopted in the shrimp farming. Indeed, the new trend of more intensified shrimp farming in certain parts of the country - without much control of

S.JAGANNATH v. U.0.1. [KULDIPSINGH,J.] 859

feeds, seeds and other inputs and water management practices has brought to the fore a serious threat to the environment and ecology which has been highlighted before us.

This petition under Article 32 of the Constitution of India - in public interest - has been filed by S. Jagannathan, Chairman, Gram Swaraj Move- ment, a voluntary organisation working for the upliftment of the weaker section of society. The petitioner has sought the enforcement of Coastal Zone Regulation Notification dated February 19, 1991 issued by the Government of India, stoppage of intensive and semi-intensive type of prawn farming in the ecologically fragile coastal areas, prohibition from using the waste lands/wet lands for Prawn farming and the constitution of C a National Coastal Management Authority to safeguard the marine life and coastal areas. Various other prayers have been made in the writ petition. This Court issued notice by the order dated October 3, 1994. On December 12, 1994, this Court passed the following order :- ·15 "Ministry of Environment r.nd Forests, Govt. of India issued a Notification dated February 19, 1991, under Clause (d) of Sub-rule (3)of Rule 5 of the Environment (Protection) Rules, 1986 wherein it was declared that the coastal stretches of seas, bays, estuaries, creeks, rivers and backwater which are influenced by the tidal action (in the landward side) upto 500 metres from the High Tide E Line (HTL) and the land between the Low Tide Line (LTL) and the HTL are Coastal Regulation zone. The Central Govt. has imposed various restrictions in the said Notification. Mr. Mehta, learned advocate appearing for the petitioners states that despite the issue of the Notification unauthorised industries and other F construction is being permitted by various States within the area which has been declared as Coastal Regulation Zone. ........... . Meanwhile we direct all the respondent States not to permit the setting up of any Industry or the construction of any type on the area at least upto 500 metres from the sea water at the maximum High Tide. The above said area i.e. from the High Tide Level upto G 500 metres shall be kept free from all construction of any type".

The Union of India and States/Union Territories of Gujarat, Maharashtra, Orissa, Kerala, Tamil Nadu, West Bengal, Goa, Pondicherry, Darnan/Deu, Andaman/Nicobar and Lakshdeep have filed replies to the writ petitions. H

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A This Court on March 27, 1995 passed the following order :-

"This Public Interest petition is directed against the setting up of Prawn farms on the coastal area' of Andhra Pradesh, Tamil Nadu and other coastal States. It is alleged that the coastal States are allowing big business houses to develop prawn farms on a large B scale in the Ecologically fragile coastal areas of the States con- cerned in the violation of Environment Protection Act, 1986 and the rules framed thereunder and various other provisions of law. It is also alleged that establishment of prawn farms on rural cultivable lands is creating serious environmental, social and c economic problems for the rural people living along with the coastal bed specially in the east coast... .... Meanwhile, we direct NEER!, Nagpur through its Director to appoint an investigating team to visit the coastal areas of the States of Andhra Pradesh and Tamil Nadu and give its report to this Court regarding the various farms which are being set up in the said area. D In case the investigating team finds that the ecologically fragile area is being environmentally degraded then it shall suggest the remedial measures in that respect. The NEER! team shall keep in view the Notification dated February 19, 1991 of the Ministry of E Environment and Forests, Govt. of India, issued under the En- vironment Protection Act, 1986 and also the provision of the Tamil Nadu Agriculture (Regulation) Act, 1995. The NEER! shall submit its report before April 30, 1995".

Pursuant to the above quoted order, the National Environmental Engineer- F ing Research Institute, Nagpur (NEER!) submitted its report dated April 25, 1995 before this Court. This Court further directed NEER! to send an expert team to the coastal areas in other States and file its report within two months, the report was filed in this Court within the specified time. This Court on May 9, 1995 passed the following order :- G "This matter be listed for final hearing on 4th August, 1995. Meanwhile we direct that no part of agricultural lands and salt farw be converted into commercial aquaculture farms hereinafter. We further direct that no ground water withdrawal, be allowed for aquaculture purposes to any of the industries whether already existing or in the process of being set up. No further shrimp farms

S.JAGANNA1H v. U.0.1. [KULDIPSINGH,J.] 861 or any acquaculture farms be permitted to be set up in the areas in dispute hereinafter.

We direct the respective State Governments (the C '!.:\or concerned or any other Officer appointed by the Governm1 to provide free access through acquaculture units to the sea c. ·o the fishermen/tourists after hearing the parties concerned. B

Mr. Mehta has contended that due to these farms occ1 the most of the coastal areas it has become difficult for the vill..~-.o to search for fresh water, the State Govt may examine this aspect and provide water by way of tankers wherever it is necessary. c So far as the farmers in the State of Tamil Nadu are concerned they are all represented through Mr. Kapil Sibal and his team. We direct the State of AP. to send a copy or the order of this Court to all the acquaculture farms in the State of AP. informing them that the matter shall be taken up by this Court for final hearing on D 4th August, 1995. This may be done by the State of AP. by the end of June, 1995. I We direct the Pondicherry Administration to send a copy of the order of this Court to all the aquaculture farms in Pondicherry informing them that the matter shall be taken up by this Court for final hearing on 4th August, 1995. This may be done by the Pondicherry Admn. by the end of June 1995.

We further direct the Superintendent c.f Police and the Collec- tor of the areas concerned to see that the order of this Court specially the directions given are meticulously complied with by all the farms."

- Before finally hearing this matter, this Court passed the following order on August 24, 1995 :-

"We are of the view that it would be in the interest of justice to have full representation before us so far individual aqua-farms in various States/Union Territories are concerned. We, therefore, adjourn the hearing to October 17, 1995. Meanwhile, we direct the coastal States/Union Territory Governments, through their learned counsel who are present in the Court, to issue individual notices H

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A to all the aqua-farms which are located in their respective ter- ritories. It may be stated in the notices that the same are being issued under the direction of this Court. It should also be specifi- cally mentioned that if they want to be heard in these matters by this Court, they be present through their counseVrepresentatives in the Court, on the next date of hearing, which is October 17,

B 1995. We also direct the Marine Products Export Development Authority (MPEDA), through its counsel Mr. Harish N. Salve, to do the same exercise at its level also. Apart from that, we further direct all the State Governments/Union Territories to issue public notices in this respect in daily newspapers which have circulation c in the coastal areas, informing the aqua-farms regarding the hear- ing of these matters in this Court, on October 17, 1995. This may be done on two consecutive days.

Notices and publication be completed within 3 weeks from today. Meanwhile, we direct all the State Governments/Union D Territories not to give fresh licences/permission for setting up/es- tablishment of any aqua-farm in their respective Territories till further orders."

Coastal Pollution, universally, is an emerging problem. So far as India E is concerned it has already become a serious environmental problem. Besides direct dumping of waste materials in the seas discharge through marine outfalls, large volumes of untreated or semi-treated wastes generated in various land-based sources/activities ultimately find way to the seas. The coastal waters directly receive the inland waters, by way of surface run- off and land-drainage, ladden with myriad of refuse materials - the rejects of wastes of the civilisation. Apart from inputs from rivers and effluent-outfalls, the coastal areas are subject to intensive fishing, naviga- tional activities, recreations, ports, industrial discharge and harbours which are causative factors of water quality degradation to varying degrees. Contrary to the open sea, the changes in the quality of coastal waters, are much greater due to river discharges under tidal conditions.

With noticeable increase in marine polb,1tion and the consequential decline in marine resources, serious concern was expressed in the United Nations' Conference on Human Environments in Stockhohn (1972) attract- H ing global attention towards the urgent need of identifying the critically

S.JAGANNATif v. U.0.1. (KULDIPSINGH,J.] 863

polluted areas of the marine environments, specially in coastal waters, for urgent remedial actions. The Conference unanimously resolved that the littoral States should take early action at their National level for assessment and control of marine pollution from all sources and carry out systematic. monitoring to ascertain the efficacy of the pollution regulatory actions taken by them. In the background of the Stockholm Conference and in view of 1982 Convention on the "Law of the Sea" defining jurisdiction of ter- ritorial waters, a model comprehensive Action Plan has been evolved under the United Nations' Environment Programme (UNEP). Keeping with the international commitments and in greater National interest, the Govern- ment of India and the Governments of the coastal States are under a legal obligation to control marine pollution and protect the coastal- environ- C ments.

According to the facts placed on record by the Central Pollution Control Board (the Board, the coastline of India's mainland is about 6000 km long. Out of the total landmass of about 3.28 million sq. kms nearly D 0.15 million sq. kms of coastal land-belt (considering 25 km landward distance) girdles three sides of the country's sea front which in turn underlays about 0.13 million sq. km sea-bed upto the territorial limit. The country being riverine, has 14 major, 44 medium and 55 minor rivers which discharge annually about 1566 thousand million cubic meters of water E through land drainage into the seas transporting a wide range of pollutants generated by land-based activities. Nine out of fourteen major rivers meet the sea in the east coast (Brahmaputra through Bangladesh) and the remaining five in the west coast (Indus through Pakistan).

F Besides land drainage, there are large number of marine coastal outfalls discharging directly or indirectly industrial and municipal effluents into the seas. Uncontrolled disposal of land- based waste into the seas, through rivers and effluent outfalls, is a major cause of pollution of coastal waters. There are nine coastal States and one Union Territory (UT) in G India namely, Gujarat, Maharashtra, Goa, Karnataka, Kerala, Tamil Nadu, ; Pondicherry (UT), Andhra Pradesh, Orissa and West Bengal. More than one-fourth of the total population of the country is settled in the coastal areas. The Board in its report regarding "Pollution Potential of Industries in Coastal Areas of India' dated November, 1995 gives the following data regarding aquaculture farms : H

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A "The effluent generation from aquaculture farms in the east coast only, in absence of data on west coast farms, is to the tune of 2.37 million cubic meters per day, out of which Andhra Pradesh has the lion share of about 2.12 million cubic meters per day.... It may be noted that in all the States, in most cases, the effluent discharge is indirect (through estuaries, creeks, canals, harbours). It may also B be noteworthy that the effluents from aquaculture farms are dis- charged directly/indirectly into the coastal waters practically without any treatment. For disposal of solid waste, on the other hand, open dumping and land filling is a common practice."

C In marine pollution control utmost importance has to be given to the beaches. The beaches and other areas of special interest are to be main- tained aesthetically and at permissible levels of energetic bacteria. Protec- tion of ecologically sensitive areas and land used interface resource areas is equally important. The Central Board for the Prevention and Control of D Water Pollution (Central Board) in its report "coastal pollution control series COPOCS/l/1982" recommended as under :-

"- the mangrove forest at Pichavaram, the bird sanctuary and forest areas at Point Calimere and Coral reef at Mandapam are ecologi- cally sensitive areas warranting special watch and preservation. E - recreational coastal portions of some sectors of the stretch under investigation such as Marine and Elliot beaches at Madras, Mahabalipurarn, Pondicherry beach at Pondicherry and. Poom- puhar at the confluence of the river Cauvery with the sea are to be maintained at appropriate quality level. F - Continuous monitoring of the coastal waters especially heavy metals and pesticides in the biota should be carried out to detect possible biomagnification of some toxic chemicals and to provide early warning." G The Central Board in its report "Coastal Pollution Control Series COPOCS/5/1986-81'' sought protection of the ecologically fragile areas in the following term• :-

"The mangrove forest and the wildlife sanctuary in Coringa Island, H the Pulicat lake and the bird sanctuary at Nelapattu are the

S.JAGANNATH v. U.O.l. (KULDIPSINGH,J.] 865

ecologically sensitive areas warranting special attention and A r: protection. No industrial activity which may pose a danger to the ecosystem in these areas should be permitted.

At Pulicat Lake Area, Machilipatnam, Naupada and lchapuram, salt pan irrigation is pracfoed. No water polluting industry should be allowed nearby. B

The domestic sewage and the industrial effluents entering the Kolleru Lake through various drains be properly treated so that no pollutants enter the coastal waters through Upputeru drain".

Shrimps are basically marine. Shrimps are also called Prawns. In c commercial jargon, marine prawns are referred to as shrimps and fresh- water ones as prawns. Prawns and shrimps are invertebrates and are decaped crustaceans. Sea is their home and they grow by adulthood and breed in the sea. The progeny start their life by drifting into estuaries and such other brackishwater areas for feeding. In about 4-6 months the larvae D · grow into adolescence and go back to their real home of birth, the sea.

Aquaculture has been practised for many centuries by small farmers and fisherfolk in Asia to improve their living conditions. However, there is a vast difference between the traditional methods and the new commer- cialised system. The traditional aquaculture, including shrimp, is usually E small- scale, using low inputs and relies on natural tidal action for water- exchange. In some countries, such as India, Bangladesh and Thailand, there is a tradition of rice/shrimp rotating, with rice grown part of the year and shrimp and other fish species cultured the rest of the year. Chemicals, antibiotics and processed feeds are not used in the traditional method. In F this low-yield, natural method, the harvest is small but sustainable over long periods. It has no adverse affect on the environment and ecology. The modern method, on the other hand, is larger in scale and intensive or semi-intensive in nature. It is owned and operated by commercial and often foreign-owned companies which mainly export the shrimp. In intensive G aquaculture, selected species are bred using a dense stocking rate. To maintain the very crowded shrimp population and attain higher production efficiency, artificial feed, chemical additives and antibiotics are used.

The Food and Agriculture Organisation (PAO) - an organ of United Nations Organisation (UNO) - published a report in April, 1995 on a H

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A Regional Study and workshop on the Environmental Assessment and Management of Aquaculture Development. Copy of the report has been placed on record by Mr. Santosh Hegde learned counsel for the State of Karnataka. India was one of the 16 countries participated in the workshop. Dr. K. Alagarswami, Director, Central Institute of Brackishwater Aquacul- ture, Madras presented a paper titled "the current status of aquaculture in B India, the present phase of development and future growth potential", (hereinafter called Alagarswami report). it has been published as an An- nexure to the workshop-report published by the FAQ. Para 5.1.2 of Alagarswami report gives various types of technologies adopted by the aquaculture industry in India. It would be useful to reproduce the same hereunder :

"5.1.2 Types of technology - changes in technology with time.

Traditional: Practised in West Bengal Kerala, Karnataka and Goa, also adopted in some areas of Orissa, Coastal low-living areas with tidal effects along estuaries, creeks and canals; impoundments of vast areas ranging from 2-200 ha in size, characteristics : fully tidally-fed; salinity variations according to monsoon regime; seed resource of mixed species from the adjoining creeks and canals by auto-stocking; dependent on natural food; water intake and drain- E ing managed through sluice gates depending on local tidal effect; no feeding; periodic harvesting during full and new moon periods; collection at sluice gates by traps and by bag nets; seasonal fields alternating paddy (monsoon) crop with shrimp/fish crop (inter monsoon); fields called locally as bheries, pokkali fields and khazan lands. F Improved traditional: System as above but with stock entry contra~ supplementary stocking with desired species of shrimp seed (P. monodon or P. indicus); practised in ponds of smaller area 2-5 ha.

Extensive : New pond systems; 1-2 ha ponds; tidally fed; no water exchange, stocking with seed; local feeds such as clams, snails and pond-side prepared feed with fishmeal, sova, oilcake, cereal flour etc.; wet dough ball form; stocking density around 20,000/ha.

Modified Extensive System as above; pond preparation with tilling, liming and fertilisation; some water exchange with pumpsets; pellet

S.JAGANNAIB v. U.0.1. [KULDIPSINGH,J.] 867

feeds indigenous or imported; stocking density around 50,000/ha. A

Semi-intensive New pond systems; ponds 0.25 to 1.0 ha in size; elevated ground with supply and drainage canals; pond prepara- tion methods carefully followed; regular and periodic water ex- change as required; pond aerators (paddle wheel) at 8 per ha; generally imported feed with FCR better than 1:1.5 or high energy indigenous feeds; applications of drugs and chemicals when need arises; regular monitoring and management stocking density 15- 25/ml.

Intensive Ponds 0.25-0.30 ha in size; management practices as above; 4 aerators in each pond; salinity manipulation as possible; central drainage system to remove accumulated sludge; imported feed; drugs and chemicals and used as prophylactic measures; strict control and management; stocking density 20-35/ml.

Changes in technology : As already indicated. The initial concept and practice was to develop tide-fed systems, this slowly gave way to a pump-fed systems. Presently, the emphasis is on seawater based fanning systems for P. monodon with a water intake system extending far into the sea with submerged pipelines, pier system and gravity flow. From sandy clay soils, the present coastal farms are located in sandy soils also with Seepage-control provisions."

Alagarswarni report further states as under :

"The Ministry of Environment and Forests, Government of India, issued a Notification S.O. No. 114 ((b) in 1991, under 'The F Environment (Protection) Act, 1986" declaring coastal stretches as Coastal, Regulation Zones (CRZ) and regulating activities .ffi the CRZ. This Notification has implications for coastal aquaculture, particularly those activities within 500 m from the High Tide Line ... No regulations to control the use of chemicals and drugs exist. Pollution Control Board general regulations on effluent discharges G include hazardous substances, but they are not specified to > aquaculture. In some regions, there is indiscriminate use of chemi- cals and pesticides, particularly in shrimp farms... Under the Notification of Union Ministry of Environment and Forests, each maritime State is expected to have its own Coastal zone manage- H

·- 868 . SUPREME COURT REPORTS [1996] SUPP. 9 S.C.R.

A ment plan, which would consider aquaculture zonation require- ments, along with shoreline development. The zone up to 500 metres from the waterline along the sea is restricted against any construction activity."

Alagarswamy report High lights various environmental and social B problems created by the Coastal Acquaculture. The relevant part of the report is as under :-

"Physical factors

Shrimp farming along the coastal area of the whole country is c developing at a rapid rate. Huge cyclone protection dykes and peripheral dykes are constructed by the shrirop farmers. In inany cases as in Kandleru creek (Andhra Pradesh), the farm areas are the natural drainage areas for floods. Due to physical obstruction caused by the dykes, the natural drain is blocked and flood water D accumulates in the hinterland villages. Protests are being made by people in some of the villages against such dykes. The ponds are constructed right on the bank of the creeks without leaving any area for draining of flood water.

Right of passage of coastal fishermen E The shrimp farms do not provide access to the beach for traditional fishermen who have to reach the sea from their villages. As farms are located and entry is restricted, the fishermen have to take a longer route to the sea for their operations. This is being objected to by traditional fishermen. F Drinking water problems

The Corporate sector has purchased vast areas adjoining the villages which, in some cases, include drinking water public wells G of the villages. The villagers cannot use these wells anymore as they are located in private land owned by the farmers. This is causing social problems.

Salinisation

H It is reported that salinisation of land is spreading further

S.JAGANNATII v_ CT.OJ_ [KULDIPSINGH,J.] 869

landwards and the wells yields only saline water. In Tamil Nadu A and Andhra Pradesh protests have been voiced against salinisation. Some of the socially conscious shrimp farm operators are providing drinking water to the affected villages by laying a pipeline from their own freshwater source wherever available. Apart from wells, the agricultural farms adjoining the shrimp farms are reported to B be affected. However, there is increasing conversion of paddy fields as in the Bhimavaram area of Andhra Pradesh and even on the fringes of Chilka Lake into shrimp farms.

Mangrove areas

The status report on mangroves of India published by the Ministry c of Environment and Forests (GO!, 1987) is shown in Table 5. In the earlier years, vast areas of mangrove were destroyed for agriculture, aquaculture and other uses. In the more recent years, the mangroves have been protected by law. However, the satellite imagery pictures show destruction of mangroves in Krishna and D Guntur Districts of Andhra Pradesh for construction of shrimp • farms. Gujarat State is planning major shrimp culture programmes in the Narmada region adjoining Gulf of Cambay. Protection of mangroves should receive attention". E Alagarswarni report further indicates that the demand for shrimp seed is growing with the expansion of shrimp culture and hatchery production is unable to meet it. Exploitation of natural seed resources is growing un- abated, particularly in West Bengal, Orissa and Andhra Pradesh. Large quantity of fry by-catch are discarded by the fry collectors because their value is insignificant. The report states "elimination of fry in the fry by-catch F is not only detrimental to the predators thriving on them, but it also creates an ecological imbalance".

Agitations by the environmentally conscious people of the coastal- areas against pollution acquaculture technologies has been noticed by G Alagarswamy report as under :-

> People's awareness

People in general have become aware of the environmental issues related to aquaculture. A current case in point is the agitation H

870 SUPREME COURT REPORTS (1996] SUPP. 9 S.C.R.

A against a large commercial farm coming up in Chilka Lake (Oris- sa). People have demanded an BIA of the project. People in Nellore District in Andhra Pradesh have raised environmental issues and called for adoption of environmentally-friendly tech- nologies and rejection of "imported" technologies from regions which have suffered environmental damage. Protests have been B voiced by the local people in Tuticorin area in Tamil Nadu. Both ·print and visual media take up environmental issues with a great deal of zeal. This appears to augur well for regulating coastal shrimp farming with eco-friendliness".

C The intensive-farming technique and the pollutants generated by such farming have been noticed by Alagaswamy in the following words :-

"In intensive farming, stocking densities are on the increase, in one instance, P. indicus was stocked at 70 post larvae/ml, almost reaching the levels of Taiwan before the disease outbreak in 1988. D This necessitates heavy inputs of high energy feeds, the use of drugs and chemicals and good water exchange. The organic load and accumulation of metabolites in the water drained into the sea should be very high as could be seen from the dark-brown colour and consistency of the drain water." E The Alagaswamy report further states that paddy fields are being converted to shrimp farms, as in some parts of Andhra Pradesh (e.g. Bhimavaram). Some paddy lands along the fringe of Chilka Lake have been lost to shrimp farming.

The report suggests future management strategies - quoted hereunder - for farms and Government in resolving any conflicts or environmental problems :

"As shrimp farming is developing fast, the following strategies have been developed for avoiding problems which have arisen in other countries (or reducing their impact) :

1Copy pinpoint1. India needs to boost production of shrimp through aquaculture with environment and development as a unified motto.

2Copy pinpoint2. Since the area available is vast, this can be achieved by applica- H tion of environmentally-friendly technologies for optimal produc-

S.JAGANNATII v. U.0.1. [KUl...DIPSINGH,J.] 871

tion rates against maximum production rates. A

3Copy pinpoint3. Sustainable development of shrimp aquaculture should be guided by the principles of social equity, nutritional security, en- vironmental protection and economic development with a holistic approach to achieve long-term benefits. B

4Copy pinpoint4. New definitions and parameters of extensive, semi-intensive and intensive culture systems as suited to Indian conditions. and Government policies rather than copying models of other countries (particularly those which have rushed and suffered) and the development of guidelines thereof. c

5Copy pinpoint5. Diversification of species among shrimps and to integrate fish wherever possible to. suit the different agro- climatic and aquatic · zones. of the country.

6Copy pinpoint6. Careful development of Coastal Zone Management Plans under D CRZ to meet the requirements of coastal aquaculture develop- ment plans with some flexibility (as required) for specific areas.

7Copy pinpoint7. Identification of aquaculture zones or careful consideration and provision of buffer zones against possible impact on other land uses; also intermediate buffer zones within aquaculture zones. E

8Copy pinpoint8. Consideration of the living, social and vocational needs of local people in villages/towns in aquaculture plans in order to avoid . conflicts.

9Copy pinpoint9. Development of sets of regulations on use/ban of drugs and F chemicals, including antibiotics, in hatcheries and farms; on abstrac\ion of groundwater and salinisation problems.

10Copy pinpoint10. Development of standards for effluent discharge as applicable to local conditions. G

11Copy pinpoint11. Development of viable technologies for secondary aquaculture > to gainfully utilise nutrient enriched farm effluents an encourage farmers to adopt such technologies with the necessary support.

U. In view of the fact that coastal farms are located generally in H

872 SUPREME COURT REPORTS [1996] SUPP. 9 S.C.R.

A remote areas and cannot be monitored by external agencies on a reasonable effective basis, farmers/group of farmers should equip themselves with facilities to monitor possible important parameters at periodic intervals and maintain such records for their own benefits and for production to inspecting agencies.

B 13. Brackishwater Fish Farmer Development Agencies to be strengthened in all respects, including environmental management and disease diagnosis, prevention and control, through appropriate training and setting up district level laboratories for essential analytical and diagnostic work. c

14. Manpower development at managerial and technical level.

15. Research-extension-farmer group meet for appropriate tech- nologies and feedback.

D 16. Effective monitoring and enforcement of regulations, use of nets and fishing in any specified water for a period not exceeding two years. Thus, legal provisions were made on fisheries matters in India nearly a century ago."

E Alagarswami's report identifies salinisation of land, salinisation of drinking water wells, obstruction of natural drainage of flood water, passage of access to sea by fishermen and public, self-pollution of ponds, pollution of source water, destruction of mangroves land subsidence and pressure on wild seed resources and consequences thereof as environmental issues in shrimp culture. Para 6.2 of the report lists the following preventive F measures:

"6.2 PREVENTION

(i) Aquaculture units cansing harmful changes to the environ- 11'.ent; and G (ii) Non-aquaculturists from modifying the environment to the detriment of aquaculture production units.

1. Enforcement of legal provisions under the relevant Acts of the government.

. S.JAGANNA1H v. U.0.1. [KULDIPSINGH,J.] 873

2. CRZ regulations to consider specific needs of aquaculture as an expanding production activity and the Coastal Zone Manage- ment Plans of the States/Union Territories to carefully plan taking into consideration present situation and future needs.

3. Early development of regulations on permissible levels of most sigoificant parameters of water quality keeping in view the limited intervention of aquaculture for promoting growth of stock in the medium.

4. Environment Impact Assessment (EIA) and Environmental Monitoring Plan (EMP) to be insisted upon for larger units and sell assessment/monitoring for smaller units, subject to verification at inspection.

5. Zonations and appropriate siting of farms; not to prolitferate indiscriminately but to develop in a planned manner for sustaining production (Alagarswarni, 1991). D

6. More hatcheries to be encouraged and supported to meet seed demands to reduce pressure on wild seed resources.

7. Feed mills to maintain quality of feeds and to ensure water stability as required; self/external inspection mechanism to be introduced to maintain specific standards.

8. Mangrove forests not to be touched for aquaculture pur- poses.11

The FAO report -based on Alagarswami report states the impact of aquaculture on the environment, in India, as under :-

"The impact of aquaculture on the environment are as follows :

By shrimp culture : Loss of agricultural land and mangroves, obstruction of natural drains, salinisation, destruction · of natural seed • ~sources, use of drugs and chemicals, and extraction of groundwater, Social ccnflicts have arisen. 11

Algarswami report - quoted by us extensively - 1s an authentic H

874 SUPREME COURT REPORTS [1996] SUPP. 9 S.C.R.

A document relating to the functioning of shrimp culture industry in India. It has rightly been suggested in the report that sustainable development should be the guiding principle for the shrimp aquaculture. The industry must develop under the unified motto of Environment and Development. Environmentally-friendly technologies are to be adopted with a view to B achieve .optimal production. The report calls for a ban on the use of drugs, chemicals and antibiotics in the shrimp culture farms. The report clearly indicates that except the traditional and improved traditiona~ the other methods of shrimp aquaculture are polluting and as such may have an adverse imJ>act on the environment.

C Mr. M.C. Mehta, learned counsel for the petitioner, has taken us through the NEER! reports and other voluminous material on the record. He has vehemently contended that the modern • other than traditional · techiques or shrimp farming are highly polluting and are detrimental to the coastal environment and marine ecology. According to him only the tradi· tional and improved traditional systems of shrimp farming which are environmentally friendly should be permitted. Mr. Mehta has taken us through the Notification dated February 19, 1991 issued by the Government of India under Section 3 of the Environment (Protection) Act, 1986 (the Act) (CRZ Notification) and has vehemently contended that setting up of shrimp farms on the coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters upto 500 metres from the High Tide Line (HTL) and the line between the Low Tide Line (LTL) and the HTL is totally prohibited under Para 2 of the said notification. The relevant part of the notification is as under:

'2. Prohibited Activities : F The following activities are declared as prohibited within the Coastal Regulations Zone, namely :

(i) Setting up of new Industries and expansion of existing industries, except those directly related to water front or directly G needing fore-shore facilities.

(ii) Manufacture or handling or storage or disposal of hazard- ous substances as specified in the Notifications of the government of India in the Ministry of Environment & Forests No.s. 0.59.l(E) H dated 28th July, 1989, S.O. 966(E) dated 27th November, 1989 and

S.JAGANNAIB v. U.0.1. (KULDIPSINGH,J.] PJ/5

GSR 108/(E) dated 5th December, 1989 : A (iii) Setting up and expansion of fish processing units including warehousing (excluding hatchery and natural fish drying in per- mitted areas);

(v) Discharge of untreated wastes and effluent from industries, B cities settlements. Schemes shall be implemented by the concerned authorities phasing out the existing practices, in and within a reasonable time period not exceeding three years from the date of this notification.

(viii) land reclamation, bunding or disturbing natural course of c sea water with similar obstructions, except those required for control of coastal erosion and maintenance clearing of waterways, channels and for prevention of sandbars and all except for tidal regulators. Storm water drains and structures for prevention of salinity ingrease and for sweet water recharge. D

(x) harvesting or drawal of ground water and construction of mechanisms therefore with 200 m or HTL; in the 200 m to 500 m Zone it shall be permitted only when do manually through ordinary wells for draining, horticulture, agriculture and fishering." E

According to Mr. Mehta the shrimp culture industry is neither · "directly related to water from" nor "directly needing fore-shore facility" and as such is a prohibited activity under Para 2(1) of CRZ Notification. Mr. Kapil Sibal on the other hand has argued that a shrimp farm is an industry which is directly related to water front and cannot exist without F fore-shore facilities. Relying upon Oxford English Dictionary Mr. Sibal contended that "water front" means land abetting on the sea, that part of a town which fronts on a body of water. According to him "foreshore in terms of the said dictionary means the part of the shore that lies between the High Tide and the Low Tide. According to Webster Comprehensive G Dictionary, International Edition the expression 'foreshore means "that part of a shore uncovered at low tide".

It is, thus, clear that the part of the shore which remains covered with water at the High Tide and gets uncovered and become visible at the Low Tide is called "foreshore". It is not possible to set up a shrimp culture farm H

876 SUPREME COURT REPORTS (1996) SUPP. 9 S.C.R.

A in the said. area because it would completely sub-merge in water at the High Tide. It is, therefore, obvious that foreshore facilities are neither ' . directly nor indirectly needed in the setting up of a shrimp farm. So far as "water front" is concerned it is no doubt correct that a shrimp farm may have some relation to the water front in the sense that the farm is depend- ent on brackish water which can be drawn from the sea. But on a close scrutiny, we are of the view that shrimp culture farming has no relation or connection with the 'water front' though it has relation with brackish water which is available from various water-bodies including sea. What is re- quired is the "brackish water" and not the 'water front'. The material on record shows that the shrimp ponds constructed by the farmers draw water from the sea by pipes, jetties etc. It is not the 'water front' which is needed by the industry, what is required is the brakishwater which can be drawn from any source including sea and carried to any distance by pipes etc. The purpose of CRZ notification is to protect the ecological fragile coastal areas and to safe guard the aesthetic qualities and uses of the sea coast. D The setting up of modern shrimp aquaculture farms right on the sea coast and construction of ponds and other infrastructure thereon is per se hazardous and is bound to degrade the marine ecology, coastal environ- ment and the aesthetic uses of the sea coast. We have, therefore, no hesitation in holding that the shrimp culture industry is neither "directly related to water front" nor "directly needing foreshore facilities". The E setting up of shrimp culture farms within the prohibited areas under the CRZ notification cannot be permitted.

Para 2 (viii) of the CRZ Notification quoted above, prohibits the bunding or disturbing the natural course of sea water with similar obstruc- F tions. A bond is an embankment or dyke. Alagarswami report in para 4.3.2 (quoted above) has specifically mentioned that huge cyclone protection dykes and peripheral dykes are constructed by the shrimp farmers. The report further states that due to physical obstruction caused by the dykes the natural drain is blocked and flood water accumulated in the hinterland and villages. The report notices that the shrimp ponds are constructed right on the bank of the creeks without leaving any area for draining of flood waters. A shrimp farm on the coastal area; by itself operates as a dyke or a bund as it leaves no area for draining of the flood waters. The construc- tion of the shrimp farms, Therefore, violate clause (viii) of para 2 of the CRZ Notification. In view of the findings by Alagarswarni report it may be useful to hold an inquiry/investigation to fmd out the extent of loss oc-

S.JAGANNA1H v. U.0.1. [KULDIPSINGH,J.]

curred, if any, to the villages during the recent cyclone in the State of A ' Andhra Pradesh because of the dykes constructed by the shrimp farmers.

- Annexure-1 to the CRZ Notification contains regulations regarding Coastal Area Classification and Development. The coastal stretches within 500 m of HTL of the landward side are classified into four categories, B namely, CRZ-1, CRZ-II, CRZ-III and CRZ-IV. Para 6(2) of the CRZ Notification lays down the norms for the development or construction activities in different categories of CRZ areas. In CRZ-III Zone agricul- ture, horticulture, gardens, pastures, parks, playfields, forestry, and salt manufacture from sea level may be permitted upto 200 m from the high tide line. The aquaculture or shrimp farming has not been included as a c permissible use and as is prohibited even in this zone. A relevant point arises at this stage. Salt manufacturing process like the shrimp culture industry depends on sea water. Salt manufacturers can also raise the argument that since they are wholly dependent on sea-water theirs is an industry "directly related to water front" or directly needing fore-shore facilities". The argument stands negatived by inclusion of the salt manufac- turing industry in CRZ-III Zone under para 6(2) of the CRZ notification otherwise it was not necessary to include the industry therein because it could be set-up any where in the coastal regulation zone in terms or para 2(1) of the CRZ Notification. It is thus obvious that an industry dependent on sea water cannot by itself is an industry "directly related to water front" or "directly needing fore-shore facilities". The shrimp culture industry, therefore, cannot be permitted to be set up any where in the coastal regulation zone under the CRZ notification.

We may examine the issue from another angle. Sea coast and beaches are a gift of the nature to the mankind. The aesthetic qualities and recreational utility of the said area has to be maintained. Any activity which has the affect of degrading the environment cannot be permitted. Apart from that the right of the fishermen and farmers living in the coastal areas to eke their living by way of fishing and farming cannot be denied to them. G

... Alagarswami report states that "the shrimp farms do not provide excess to the beach for traditional fishermen who have to reach the sea from their villages. As farms are located and entry is restricted the fishermen have to take a longer route to the sea for their operation. This is being objected by traditional fishermen". H

878 SUPREME COURT REPORTS [1996) SUPP. 9 S.C.R.

A The Algarswami report further highlights drinking water problem, salinisation and destruction of mangrove by the shrimp culture industry. The relevant paragraphs have already been quoted above. The increase of

B stocking densities, heavy inputs of high energy feeds, use of drugs and chemicals result in the discharge of highly polluted effluent into the sea, creeks etc. and on the sea coast by the shrimp farms. It is, therefore, not possible to agree with Mr. Sibal that commercial shrimp farming has no - adverse affect on environment and coastal ecology.

We may at this stage refer to the two investigation reports dated April 23; 1995 and July 10, 1995 by NEER! regarding the Ecological Fragile coastal C areas of India.

The Report dated .April 23, 1995 states that a 13 member team of scientists, lead by Dr. AS. ·Bali and Dr. S.K. Kaul inspected the shrimp farms situated on the ecological fragile coastal areas in the States of Andhra·Pradesh and Tamil Nadu between April 10 and April 19, 1995. It · D is further stated that the coastal areas in the Union Territory of Pondicher- ry were also inspected by the team. Regarding the CRZ Notification, the report states as under :-

"The MEF's notification dated February 19, 1995 stipulates that the aquacukure farms on the coastal areas should not be con- E structed within 500 m from the high tide line {HTL) of the seas. The hatcheries, however may be constructed between 250 and 500 m from HTL of the sea.

The inspection team observed during field investigations that the MEF's norms for location of aquaculture and hatcheries have be~n violated in the States of Andhra Pradesh, Tamil Nadu, and the union territory of Pondicherry...... There is an urgent need to ensure scrupulous implementation of the provisions made in the MEF's notification dated February 19, 1991 in the States and Union Territory inspected by the team. In addition, the damage caused to the land and water ecosystems by coastal aquaculture activity, as detailed in the report, must be restored to its original ecological State. The cost for eco- restoration of the coastal fragile area must be borne by individual entrepreneurs of the coastal aquaculture farms in keeping with the Polluter-Pays principle . H ..... Further, no activity of commercial coastal aquaculture should

S.JAGANNAIB v. U.0.1. [KULDIPSINGH,J.] 879

be undertaken even beyond 500 m HTL unless a comprehensive A and scientific Environmental Impact Assessment (EIA) Study has been conducted by the entrepreneur, and the Environmental Management Plan approved by the respective State Department of -Environment. Pollution Control Board, Shore Development Authority, and also by the Ministry of Environment and Forests. B · Appropriate terms of reference for EIA have been incorporated in.the report."

Regarding the socio-economic assessment of acquaculture in the area, the report gives the following finding :- C "A socio-economic assessment of aquaculture in the ecologically fragile coastal areas in the States of AP and TN has been con- ducted by the NEER! team. This assessment, detailed in the report, indicates that the cost of ecological and social damage far exceeds the benefits that accrue out of coastal aquaculture ac- tivities.11 D · The adverse impacts of acquaculture farming on the environment and the ecologically fragile areas in the States of Andhra Pradesh, Tamil Nadu and union territory of Pondicherry have been stated in the report as under :-

"3.0 Observations on the impacts of Aquaculture Farming on E Ecologically Fragile Areas in States of AP, TN, and Union Ter- ritory of Pondicherry.

Coastal aquaculture units are situated within 500 m of high Tide Line of the sea. T\lis is not in consonance with the MEFs notifica- F tion dated February 19, 1991.

It is a common practice to convert agricultural land, and land under said production, into coastal aquaculture units which infr- inges the fundamental rights to life and livelihood. G Conversion of agricultural farms and salt making lands into com- mercial aquaculture farms is rampant in the fragile coastal areas of Andhra Pradesh, Tamil Nadu and Union Territory of Pon- dicherry.

Brackish aquaculture units have been installed in deltaic regions H

880 SUPREME COURT REPORTS [1996) SUPP. 9 S.C.R.

A which is a ecologically unsound practice.

Natural saline. canals which travel from sea to the mainland are being used for brackish aquaculture farming. The flow of the natural saline canals is being obstructed due to prawn farming activity which has resulted in the spread of brackish water over - B agricultural farms resulting in loss of agricultural lands, and potable water.

Villages situated along the sea coast, deltaic regions, and natural saline canals are under threat due to diversion of land to aquacul- ture farms. c Traditional fishermen have lost their landing grounds for fish catch.

Coastal aquaculture has resulted in loss of mangrove eco-systems which provide protection against cyclones and other natural hazards, and which provide natural habitats for spawning of marine biota. Indiscriminate obstruction of mangrove areas in and around the creeks, estuaries, and sea has resulted in loss of natural breed- ing grounds for shrimps.

Natural Casuarine plantations have also been destroyed. This may result in increasing damage from cyclons, and intrnsion of saline water into mainland.

Coastal aquaculture farms have not been scientifically designed and located, resulting in excessive ecological damages.

F No proper peripheral drainage has been provided around the aquaculture farms.

The saline water intake and effluent discharge points from aquaculture farms are located in close vicinity, resulting in con- G lamination of feed water to the aquaculture units threatening their productivity.

Three types of saline water supply systems are in vogue for the '1 ·~ aquaculture farming, viz.

H - direct pumping from the sea, creek, and estuary.

S.JAGANNATII v. U.0.1. [KULDIPSINGH,J.] 881 - direct pumping from deep sea with jetties A - using high tides of sea for carrying saline water through ex- cavated canals.

These activities for feed water supply to the aquaculture ponds have resulted in : B

- loss of fish catch (except in the case of feed water supply through sea water canal system)

- loss due to damage of fishing nets. c - degradation of fragile coastal land.

Large commercial aquaculture farms have installed fencing in and around the farms resulting in blockage of free access for the fisherman to the sea shore. D The wastewater discharge from the aquaculture farms released into the creeks is not properly flushed out of the creek during low tides thereby leads in the accumulation of pollutants in the creek, affecting the quality of intake water to aquaculture farm with a concommittant loss in productivity, and damage to creek ecosys- tem. E

Disappearance of the native fish species due to increase in salinity of the creek water has been observed by the team, and reported by the fishermen. Increase in salinity has also reduced the ingress of shrimp seedlings in the creek. F Indiscriminate catch of natural shrimp seedlings from the coastal waters, creeks, and estuaries has resulted in reduction of their availability, which in turn has forced the commercial aquaculture farmers to import the seeds. G Unscientific management practices adopted by the commercial

-. aquaculture farmers, and improper design cf aquaculture farms including inadequate drainage systems have resulted in skin, eye, and water borne diseases in the contiguous population.

Commercial aquaculture farm owners have not contributed to any H

882 SUPREME COURT REPORTS [1996) SUPP. 9 S.C.R.

A social infrastructure facilities for the villagers.

Employment avenues of the contiguous population have consider- ably reduced due to the commercial aquaculture farming. The unemployed villagers are seeking employment in nearby towns and cities. B . Owners of the commercial aquaculture farms are using various means to encroach upon the Government lands and also forcing the agricultural land owners/salt making villagers to sell their lands. In addition, the fishermen are also being forced to migrate to other coastal areas. 11 c Regarding the socio-economic status of the ecologically fragile coastal areas in the States of Andhra Pradesh and Tamil Nadu, the report states as under:-

"During the inspection of the aquaculture units located on the D Ecologically Fragile Coastal Areas of AP and TN, the inspection team collected data and information, and discussed the issues related to socio-economic status of the affected people with the farmers, fishermen, NGOs, and Government officials.

E The basic socio-economic issues are presented in Table 4.1 which also lists the parametric values in the assessment of the damage caused by the aquaculture units located in the Ecologically Fragile Coastal Areas. Tables 4.2 and 4.3 present the socio-economic assessment of aquaculture in the Ecologically Fragile Coastal Area of the States of AP and TN. .F Tables.4.2 and 4.3 bring forth that the damage caused to ecology and economics by the aquaculture farming is higher than the earnings from the sale of coastal aquaculture produce."

The NEER! has, thus, given a positive finding that the damage caused to ecology and economics by the acquaculture farming is higher than the earnings from the sale of coastal acquaculture produce. The finding is based on the assessment keeping in view fourteen parameters listed in Tables 4.2 & 4.3 regarding the States of Andhra Pradesh and .- Tamil Nadu respectively. The parameters taken into consideration are land, equivalent wages for the farmers to be earned, equivalent amount of

S.JAGANNA1H v. U.0.1. [KULDIPSINGH,J.] 883

agricultural produce (rice, husk), loss due to.cutting of Casuarina in terms of fuel, loss in terms of grazing grounds, loss involving diseases, loss caused by cyclones due to cutting of Casuarina forests, loss due to desertification of land, loss in terms of potable water, total loss due to mangrove destruc- tion, loss in fishing income, loss due to damage of fishing nets and man- days lost due to non- approachability to sea-coast. These losses are computed in money and are then compared with the total earnings from the sale of coastal acquaculture produce. On the basis of the assessment of socio-economic status of acquacwture in a systematic manner the NEERI has. reached the conclusion that the damage caused to ecology and economics by the acquaculture farming is higher than the earnings from the sale of coastal acquaculture produce. c Paras 6.1, 6.2 and 6.3 of the report clearly show the environmental degrada- tion caused by the shrimp culture farming by its adverse impact on surface water, contamination of soil and ground water and destruction of mangrove vegetation. The said paragraphs are reproduced hereunder :- D "6.1 Impact on Surface Waters

Mangrove vegetation is important in protecting marine and terrestrial ecosystem. This vegetation is also important as it removes the pollutants like carbon, nitrogen, phosphate and other E nutrients; as also certain toxic compounds. The importance of mangrove plants especially Vettivera zaizonoids is known in reduc- ing the impact of pollution due to discharge of aquaculture pond effluents, and the Cavery Delta Farmers are no propagating the cultivation of this species in estuaries. Mangrove vegetation also acts as a barrier of floods, and provides spawning grounds and F • nesting places for fishes; it also supports avian fauna {birds) thus · maintaining the natural ecosystem.

The observations on the water quality in the aquaculture ponds show that the pond water harbors a dense algal bloom compared to the water in estuaries, creeks or sea indicating eutrophic nature G of pond effluent. When water in large volumes, from the ponds is . discharged during flusing of ponds, in a creek or estuary, the pollutants remain stagnated in the estuary or near-sea coast due to the typical tidal activity in creeks. As a result, the raw water source to the ponds gets contanrinated in course of time. The H

884 SUPREME COURT REPORTS [1996] SUPP. 9 S.C.R.

A wastewater discharged from the ponds warrant proper treatment .;. before discharge. Uncontrolled discharge of wastewater triggers a series of deleterious impacts, e.g.

With the increase in eutrophication levels, there is a shifting in dominance of phytoplankton flora in pond effluent from diatoms B to blue-green algae. Decomposition of dead blue-green algae may lead to the generation of toxic substanGes, eg. ammonia, hydrogen sulphide etc. Further, . some of the blue-greens also excrete biotoxins in large quantities which are toxic to aquatic animals, ie. prawns in ponds or fishes in estuaries or coastal waters. Large c amount of blue-green algae was recorded by the inspection team in Sirkali area (eg. S&S Industries & Enterprises Ltd.; High Tide Sea farms) and Killai area (Aqua Gold Shrimp Farm; MRV Aqua Farm; Mahi Aqua Farm). The presence of Oscillatoria, Microcys- tis and some other filamentous blue-green algae is undesirable in the pond effluent as they chock the gills of fishes. D - The suspended solids released from the ponds are laden with unconsumed food and other organic ·contaminants. Accumulation of these organics in the intake water creates problems in the intake water quality when the intake and discharge points are in close proximity. E 6.2 Contamination of soil and ground water

The shrimp farms are constructed well above the ground levels. Seepage of po.nd effluent in the surrounding fields was noted by the inspection team in a number of farms. Seepage of pond effluent deteriorates the soil quality in the adjoining aquacultural fields. It has also contaminated potable water in surrounding villages.

Deterioration of ground Water quality in villages that over one km away from the pond sites was not noticed. This observation is based on analysis of bore well water at three sites by the inspection team. This observation justified the locational constraints on aquaculture farms in coastal areas. .,.~

6.3. Destruction of Mangrove vegetation

H The inspection team noticed destruction of mangrove vegeta-

S.JAGANNA1H v. U.0.1. [KULDIPSINGH,J.j 885

tion at most of the prawn farming sites for the development of shrimp farms.

Significant destruction of mangrove forest was observed near the Aqua Gold shrimp farm at village Vellar in Killai taluk of South Arco! district similarly on Pichavarum estuary in village Pichavarum in Killai taluk of South Ar cot district of TN, the shrimp farms are constructed by clearing Mangrove vegetation Mangrove in Kuchipalarn village is also facing threat due to the expansion of prawn farming activity.

The final conclusions and recommendations are in para 8.0 of the NEER! C report which is as under :-

"8.0 Conclusions and Recommendations on the attenuation of the Impact of Aquaculture Farming on Ecologically Fragile Areas in States of AP, TN, and Union Territory of Pondicherry. D Socio-economic assessment of aquaculture in the ecologically fragile areas in the States of AP and TN reveals that the coast of ecological and social damage far exceed the benefits that accrue out of the coastal aquaculture activities.

The MEF's norms for location of aquaculture and hatcheries E have been violated in the States of AP, TN, and Union Territory of Pondicherry.

The current practice of installation of coastal aquaculture farms within 500 m HTL violates the fundamental rights and livelihood of people in the States AP and TN, and the Union Territory of F Pondicherry.

The State of AP has adopted twenty point guidelines as ad hoc measures for management of aquaculture in the district of Nellore. These guidelines have not been made mandatory in the State of G AP as a whole. Also, these guidelines do not address all social, economic, and ecological aspects of coastal habitats.

The State Government of TN has enacted a Bill to provide for the regulation of coastal aquaculture on April 10, 1995. This Bill is not in consonance with the MEF's notification dated 19, 1991 H

886 SUPREME COURT REPORTS (1996] SUPP. 9 S.C.R.

A as it allows the construction of aquaculture units within 500 m of HTL of the sea.

The cost of eco-restoration of the coastal fragile area must be borne by the individual entrepreneur of the commercial aquacul- ture farms in keeping with the polluter-pays principle. B No commercial coastal aquaculture activity should be under- taken even beyond 500 m HTL unless a comprehensive and scien- tific environmental impact assessment (EIA) study has been conducted by the entrepreneur, and the environment management c plan (EMP) approved by the respective State Department of Environment. Pollution Control Board, Shore Development Authority, and also by the Ministry of Environment and Forests.

Agricultural lands are being converted into commercial aqnaculture farms, which causes unemployment to the landless D labourers and also in loss of cultivable land.

Commercial aquaculture farms are being installed near the cultivated lands aud the salt water from the farms damages the productivity of the adjoining lands. E Groundwater also gets contaminated due to seepage of im- pounded water from the aquaculture ponds.

Desertification of cultivable land is on the increase due to salinity intrusion. F Due to commercial aquaculture farms, there is a loss of

- mangrove ec.osystems - casuarina plantations - grazing grounds for cattle G - potable water to contiguous population - fish catch - fishing nets - agricultural produce - manpower loss due to non-approachability of fishermen to sea shore directly.

S.JAGANNATH v. U.0.1. [KULDIPSINGH,J.] 887

There is a perceptible increase in the diseases of skin and eye, and water borne diseases in the contaguous population.

The designs of the aquaculture farms are inadequate. No provision has been made for wastewater treatment facility enabling recycling and re-use ?f wastewater. B Prohibition on conversion of agricultural lands and salt farms into commercial aquaculture farms must be enforced with imme- diate effect.

No groundwater withdrawal must be allowed for aquaculture purposes .. c Free access through aquaculture unit to the sea coast must be provided to the traditional fishermen.

No aquaculture farm based on brackish water should be in- D stalled on inland brackish water bodies.

Wild seed collection from creek and sea must be prohibited. Seed must be procured from hatcheries. If seed collection is noticed it must immediately be seized and dumped back into the creek. fl An eco-restoration fund must be created by collecting the stipulated fees from the owners of aquaculture farms. In addition, one per cent of total export earnings per annum must also be collected from commercial aquaculture farm owners and used for rejuvenation of coastal. eco-system with special reference to plan- F talion of mangroves and common eco- sensitive zones. The was- tewater treatment system with reuse and recycle must be installed by all units. The smaller units can form a co-operative and treat their water through common effluent treatment plant. The aquaculture units must be closed down if the wastewater treatment G system is not functioning to its design efficiency."

The second NEER! report dated July 10, 1995 states that a 19 member team of scientists lead by Dr. A.S. Ball and Dr. S.N. Kaul in- spected the shrimp farms situated on the ecologically fragile coastal areas in the States of West Bengal, Orissa, Kerala, Karnataka, Goa, Maharashtra H

888 SUPREME COURT REPORTS (1996] SUPP. 9 S.C.R.

A and Gujarat during May 20 and June 10, 1995. The summary of salient comments in the report regarding acqua-farming in the State of West Bengal is as under :-

"* organic pollution in creeks and estuaries with respect to BOD

B * microbiological deterioration of water quality

' accumulation of organic carbon and heavy metals m the sediments of shrimp farms

• Shanon Weaver index values less than 3 indicate organic c contamination

* borewell water characteristics near Mis Index Port Ltd., Sar- beria, Basanti, North 24-Paraganas, show intrusion of salinity in drinking water source

D * conversion of land, and traditional fish farm at Mis Index Port Ltd., North 24-Paraganas

* conversion of land, traditional fish farm, and mangrove plan- tation at Mis Sundarban Aquatics, South 24-Paraganas

E • violation of CRZ regulations regarding high tide line (HTL) has taken place at Mis Sundarban Aquatics, South 24- Paraganas. In addition, violations of CRZ for setting up the aquafarm on creeks have taken place at the following places:

Mis Index Port Ltd., North 24-Paraganas F Mis Sundarban Aquatics, South 24-Paraganas

All shrimp farms developed by BWFD at Ramnagar, Mid- napore."

G The comments regarding the acqua-farming in the State of Orissa by the NEERI team are as under :-

"* Organic pollution in creeks and estuaries with respect to BUD

H * deterioration of microbiological water quality

S. JAGANNATH v. U.0.1. [KULDIP SINGH,J.] 889

* accumulation of organic carbon and heavy metals in the A sediments of shrimp farms

* Shannon Weaver index values less than 3 indicate organic contamination

* characteristics of borewell water samples near Mis Sundeep B Aquatics, District Bhadrak and M/s Suryo Udyog Pvt. Ltd., District Balasore, show intrusion of salinity into drinking water

• conversion of cultivable land for the establishment of C aquafarms/hatcheries in all districts

• violation of CRZ regulations by all aquafarms on creeks in the districts of Balasore and Bhadrak. Hatcheries have been constructed/under construction within 200 m of high tide Line (HTL) in contravance of CRZ regulations." D The status of acqua-farming in the State of Kerala as indicated in the NEER! report is as under :-

"The comments on aquafarming in the State of Kerala presented in the footnotes of Tables 2.21.2 through 2.2.1.7. Summary of the E salient comments is given hereunder:

• organic pollution in river, creeks and estuaries

• deterioration of microbiological water quality F • accumulation of organic carbon and heavy metals in the sediments of shrimp farms

• Shanon Weaver index values less than 3 indicate organic contamination G • well water characteristics in the vicinity of Mis Agalapuzha aquafarm. Kozhikode show the intrusion of salinity in drink- ing water source

• conversion of land, and traditional fish farm by M/s vasu Aquafarms at Kozhikode - H

890 SUPREME COURT REPORTS [1996) SUPP. 9 S.C.R.

A • conversion of land, traditional fish farm, and mangrove plan- tation by Mis West Coast Aquafarms Irioavu, Kannur

• violation of CRZ regulations regarding the location of aquafarms on creeks has taken place at the following sites:

B Mis Consolidated Aquafarm, Poyya, Trissur

Mis Jaladhi Aquafarm, Cherchi

Mis Keetodiyal Aquafarm, Arookutty Alleppey

c M/s Mejovi Fisheries, Iranavu, K.annur 11 •

The report farther indicates the status of acqua-culture io the State of Karnataka as under :·

"Organic pollution in river, creeks, and estuaries D Shanon Weaver index values less than 3 indicate organic con· tarnioation

well water characteristics io vicinity of Mis Raja Ram Bhat Aquafarm, Hanmav, Kumta show the intrusion of salinity io driok· E ing water source

conversion of agricultural land ioto shrimp farms was observed at

Mis Popular Aquafarm, Iallur, Kundapur

F Mis Raja Ram Bhat Aquafarm, Hanmav, Kumta

Mis Shri Arya Durga Aquafarm, Karwar

destruction of mangrove vegetation by Mis Popular Aquafarm, Iallur, Kundapur was observed by the iospection team G violation of CRZ regulations by aquafarms situated on the creek of kazadi river at Kundapur, Hanmav creek at Kumta, and Hgnash- ree creeks were noted by the inspection team." . The comments of the NEER! report regarding acqua farms in the State of H Goa are as under :-

S.JAGANNATII v. U.0.1. [KULDIPSINGH,J.] 891 organic pollution in river, estuary and discharges from ponds A • Shanon Weaver index values less than 3 indicate organic contamination

• well water characteristics in vicinity of Mis Govt. Prawn Farm, Choraho indicate salinity intrusion B • conversion of agricultural land into shrimp farm was observed by the inspection team at M/s Sky Pak Aquafarm Ltd., Paliyam, Goa

• violation of CRZ regulations by all the aquafarms on the C creeks, viz. Masem creek at Kankun, and Chahora at Pernem were observed by the inspection team."

Summary of the salient comments on acqua-culture in the State of Maharashtra is as under :- D '* organic pollution in river estuary and discharges from ponds

• microbiological deterioration of water quality

* accumulation of organic carbon and heavy metals in the sediments of shrimp farms E - • Shanon Weaver index values less than 3 indicate organic contamination

• conversion of agricultural land into shrimp farms F • violation of CRZ regulations regarding location of shrimp farm on creeks, viz Dharamtar, Satpati, and Dahanu."

The comments regarding the State of Gujarat are as under :-

'organic pollution in river, estuary and discharges from ponds G

• destruction of mangrove and shrubs in the marine zone bv M/s GFCCA, Onjal and M/s Sea Crest Pvt. Ltd., Mendhar

violation of CRZ regulations for setting up the shrimp farms on the creeks, viz. Kanai, Ambika, and Puma.' H

892 SUPREME COURT REPORTS [1996] SUPP. 9 S.C.R.

A Para 3 of the NEERI report dated July 10, 1995 gives in detail the impact of aquaculture farming on ecologic_ruly fragile coast.U areas of India :-

"3.0 Observations on the impacts of Aquaculture Farming on Ecologic<tlly Fragile Coastal Areas of India

B 3.1 East Coast

• The shrimp farms at Rarnnagar, Midnapur district are located right on the creek, and therefore, are not in consonance with the CRZ regulations

c • No wastewater/sediment treatment facilities exist at any of the aquaculture farms

• No direct withdrawal of water from creek/estuary

• No conversion of land has taken place except in cases of M/s D Index Port Ltd., North 24-Paraganas and M/s Sundarban Aquatic Farms Ltd., South 24-Paraganas

. • wild shrimp seedling collection by villagers including children is a common practice E • M/s Index Port Ltd. North 24 Paraganas has created the follow- ing problems :

- design of aquaculture farm is not proper, and no wastewater/sedi- ment treatment facility exists in this shrimp farm F - intensive mode of operation creates wastewater problems. Presently, there is no treatment facility existing for reuse and recycle of treated wastewater

- deposition of clay in the intake water reservoir and no proper mechanism exists for its disposal

- seepage from the bunds create additional problems around the farm

- inspection team observed that groundwater in the vicinity of this aquaculture farm has become s<tline

S.JAGANNAIB v. U.0.1. [KULDIPSINGH,J.] 893

- conversion of agricultural land, and traditional fishing farm A - barbed wire fencing along the periphery of the farm has resulted in restriction to free access for the farmers, fishermen and cattle to the creek

- M/s Sundarban Aquatic Farms Ltd., South 24-Paraganas has created the following problems :

- conversion of agricultural land, traditional fish farming, and mangrove plantation

- the aquafarm is located below ground level, therefore, it is difficult to assess the seepages from this farm unless peizometers are installed around the aquafarm

- a well designed sedimentation tank is being used as a waste water · treatment system. However, it is not adequate. Necessary arrange- D men(s have to be made for recycle and reuse of wastewater

- no provision exists for treatment of sediments

- the location of the aqua-farm is not as per MEF notification dated February 19, 1991, keeping in view high tide line, and E minimum distance from the creek

The important areas of environmental concern regarding shrimp farming in the State of Orissa are :

World Bank Aided Projects p - Narendrapur, Bhadrak District

World Bank aided project comes within the national park area. Therefore, it is desirable that this project proposal must be dropped. It was also informed to the inspection team that two private shrimp farms are in operation at present n,ear the proposed G World Bank Aided Project which must be closed immediately, in view of proximity of the national park

- Beidipur, Bhadrak District

There are plans to construct large shrimp farms. It is necessary to H

894 SUPREME COURT REPORTS (1996) SUPP. 9 S.C.R.

A mention that this area is profusely covered with wild sea weeds, which has direct relationship with the ecology of the marine biota, Keeping this aspect in view, a detailed EIA is required before finalizing the development of shrimp farms in the area which must include private farms in the region. B In addition, there is a salt dyke which prevents the flow of sea water into the agricultural lands. It is worth mentioning that more than 50 shrimp farms, 1 ha. each have come up in this area, this leads to conversion of fertile agricultural lands into brackishwater based shrimp farming resulting salinity, intrusion and desertifica- c tion of land.

- Jagatjore - Banapada, Kendrapara District

Construction work of shrimp farni is in progress. Mechanised systems for excavation, and construction are being used. In addi- D tion, inhabitants are prosecuted. There is a signpost "Trespassers will be prosecuted". It was informed to the inspection team by the nearby villagers that this place was used for agriculture. Farmers, fishermen, and cattle had free access to the nearby creeks. Now it has been limited to a large extent. In addition, the inspection team was informed about indiscriminate cutting of mangrove bushes E around the area. This project must be reviewed critically keeping Bhitar Kanika Wild Life Sanctuary in view.

Local entrepreneurs have started small shrimp farms of about 1 ha each. This will cause waterlogging problems in the area. Finally, the high tide line (HTL) just touches the saline dykt,. Therefore, F world Bank project proposal and other shrimp farms fall within 500 m of HTL, and do not conform to the MEFs notification dated February 19, 1991.

• Chilka Lagoon G The silt carried by two main rivers, viz. Daya and Bhargabi gets deposited in the lagoon. There is little exchange of water from the sea because the mouth of the lagoon (35 km long) has been blocked by three factors,viz.

H - silt

S. JAGANNAlH v. U.0.1. [KULDIP SINGH, J.] 895

- improper mixing, and A - large clusters of shrimp farms hinder the passage of water into/out of the lagoon.

The bird sanctuary at Nalaban has also been affected by siltation and shrimp farming activities. 35 km of the canal month of the lagoon needs immediate attention, because the exchange of sea B water into and from the lagoon is vital from ecological considera- tions. In addition, deposited silt has to be removed, shrimp farms must be closed down immediately to restore the Chi!ka lagoon, to its original ecological condition by application of scientific manage- ment practices. c • Subarnarekha Mouth

A large number of shrimp farms have come up on both sides of the lower reaches of the Subarnarekha river to utilise the tidal brackish water as observed by the inspection team. It was reported D to the inspection team by local people that this has resulted in water logging in upper reaches of Subarnarekha river.