VERY IMPORTANT POINT
The shrimp culture industry is neither directly related to water front nor directly needing foreshore facilities , therefore, the setting up of shrimp culture farms within the prohibited areas under the coastal Zone Regulation notification cannot be permitted.

Headnote:(i) ENVIRONMENT LAW-Constitution of India-Art. 32-Writ Petition-Shrimp (Prawn) Culture Industry-Petitioner seeking enforcement of Coastal Zone Regulation Notification dated 19-2-91 issued by Government of India-Reports about natural resource degradation-Damage caused to ecology and economics by aquaculture farming is higher than earnings from sale of coastal aquaculture produce-Traditional and improved traditional types of shrimp farm technologies are environmentally benign and pollution free-Central Government shall constitute an authority empowered to protect ecologically fragile coastal areas, sea shore, water front and other coastal areas-Authority shall implement the Precautionary Principle and the Polluter pays Principles-No shrimp culture pond can be set up within coastal regulation zone and 1000 metres of chilka and pulicat lakes-Exceptions-Workmen employed in shrimp culture industries which are to be closed, shall be deemed to have been retrenched provided they have been in continuous service-Necessary directions issued. (Constitution of India-Articles 48-A, 51-A; Environment Protection Act, 1986-Sections 2(a), 2(b), 2(c), 2(e), 7 & 8; Hazardous Waste (Management and Handling) Rules, 1989; Water (Prevention & Control of Pollution) Act- Sections 2(j) & (k), 25; Fisheries Act; Wild Life Act; Forest Conservation Act.) (Para 33)
       (ii) ENVIRONMENT LAW-Shrimp (Prawn) Culture Industry-Coastal Zone Regulation Notification dated 19-2-1991-Para 2-Prohibited activities-State legislations regulating industry set up in coastal areas-Certain provisions being not in consonance with CRZ notification-Notification having been issued u/s 3(3) of the Environment Protection Act, 1986 shall have overriding effect-It shall prevail over the law made by legislatures of States.
       Held that before any shrimp industry or shrimp pond is permitted to be installed in the ecology fragile coastal area it must pass through a strict environmental test. There has to be a high powered Authority under the Act to scrutinise each and every case from the environmental point of view. There must be an environmental impact assessment before permission is granted to instal commercial shrimp farms. The conceptual framework of the assessment must be broad-based primarily concerning environmental degradation linked with shrimp farming. The assessment must also include the social impact on different population strata in the area. The quality of the assessment must be analytically based on superior technology. It must take into consideration the inter-generational equity and the compensation for those who are affected and prejudiced. (Para 31)
       (iii) ENVIRONMENT LAW-Coastal Pollution-Increase in marine pollution-Decrease in marine resources-Causes-Control of-International commitments-Protection of ecologically sensitive areas-Management strategies of Aquaculture Development-Shrimp culture industry is neither directly related to water front nor directly needing foreshore facilities -Setting up of shrimp culture farms within prohibited areas under CRZ notification cannot be permitted-Concept of sustainable development. (Paras 14, 15, 25, 26)

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

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 contamination of feed water to the aquaculture units threatening their productivity.

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

- direct pumping from the sea, creek, and estuary

- direct pumping from deep sea with jetties

- using high tides of sea for carrying saline water through excavated canals.

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

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

- loss due to damage of fishing nets.

- 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.

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 concommittant loss in productivity, and damage to creek ecosystem.

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.

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.

Unscientific management practices adopted by the commercial aquaculture farmers, and improper design of 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 social infrastructure facilities for the villagers.

Employment avenues of the contiguous population have considerably reduced due to the commercial aquaculture farming. The unemployed villagers are seeking employment in nearby towns and cities.

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."

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 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.

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.

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."

18. The NEERI has, thus, given a positive finding 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 finding is based on the assessment keeping in view fourteen parameters listed in Tables 4.2 & 4.3 regarding the

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1996 Supreme(SC) 2141

VERY IMPORTANT POINT The shrimp culture industry is neither directly related to water front nor directly needing foreshore facilities , therefore, the setting up of shrimp culture farms within the prohibited areas under the coastal Zone Regulation notification cannot be permitted.

Cases Referred (1)

VERY IMPORTANT POINT
The shrimp culture industry is neither directly related to water front nor directly needing foreshore facilities , therefore, the setting up of shrimp culture farms within the prohibited areas under the coastal Zone Regulation notification cannot be permitted.