SUPREME COURT OF INDIA
Kuldip Singh : S.Saghir Ahmad
Bittu Sehgal
Versus
Union Of India
Date of Decision : 10/31/96
Environment (Protection) Act, 1986 – Sections 3,4,5,3(2),3(3),3(1),3(2)(v) - Water (Prevention and Control of Pollution) Act, 1974 - the Air (Prevention and Control of Pollution) Act, 1981 - Constitution of India,1950 - Article 32,226 - rich area in agricultural economy and is a source of supply of fodder, grass, rice, cereals, milk, poultry and fish to the people living in the region. It is known as "food bowl" of the region producing 37 thousand tons of chikoos per month, 1825 tons of guava, and 21.9 lakhs of coconuts. The fish catch in the area is stated to be more than 3.7 lakh tons of crabs, pomfret and other fishes and 17 thousand tons of prawns. It is further stated that Dahanu is the last surviving "green zone" between Bombay and Surat. 49 of its total area is under forest cover. 47 thousand hectares of the taluka is reserved and protected forest, harbouring a rich variety of wildlife including some of the endangered species such as leopards, spotted deer, barking deer and mouse deer, etc. The creeks and sea inlets at Dahanu are the feeding grounds for various types of fishes. It is stated that the Government has itself earmarked the Dahanu region for prawn culture and fish-farming and for this reason it has already invested huge amount of money in a seed-farm at Bada Pokharah across the Dahanu creek. Approximately, 65 per cent of the Dahanu population consists of tribals who are engaged in cultivation of land and orchards.) AS mentioned above, the Central Government in consultation with the Government of Maharashtra, considering the need for protecting the ecologically-fragile Dahanu Taluka and to ensure that the development activities are consistent with the principles of environmental protection and conservation has declared Dahanu Taluka as an ecologically-fragile area by the notification dated 20-6-1991 and placed various restrictions including restrictions on the setting up of industries which have detrimental effect on the environment. It is not necessary for us to go into the details of the notification. – Held, WE direct the Central Government to constitute an authority under Section 3(3) of the Environment (Protection) Act, 1986 and also confer on the said authority all the powers necessary to protect the ecologically-fragile Dahanu Taluka and to control pollution in the said area. The authority shall be headed by a retired Judge of the High Court and it may have other members with expertise in the field of hydrology, oceanography, terrestrial and aquatic ecology, environmental engineering, development and environmental planning and information technology, to be appointed by the Central Government. The Central Government shall confer on the said authority the power to issue directions under Section 5 and for taking measures with respect to the matters referred to in clauses (v), (vi), (vii), (viii), (ix), (x) and (xii) of sub-section (2) of Section 3 of the Environment (Protection) Act, 1986. - WE are further of the view that it is not necessary for this Court to monitor this case any further. It can be better done by the High Court. We, therefore, transfer this petition to the High Court to be treated as a petition under Article 226 of the Constitution of India and to be dealt with in accordance with law. We request the Chief Justice of the Bombay High Court to constitute a "Green Bench" for the purpose of adjudicating the environmental matters filed in the Bombay High Court. On our suggestion, "Green Benches" are already functioning in Calcutta, Madhya Pradesh, Madras, Allahabad and Punjab High Courts. While monitoring this matter, the High Court shall deal with the hazardous and noxious industries operating in the Dahanu Taluka in accordance with law, keeping in view the town/regional plan, the Government of India notifications and the NEERI report. It will be open to the State Government to approach the High Court for any clarification, if necessary. – Ordered Accordingly
(1) IN this petition in public interest under Article 32 of the Constitution of India, various directions have been sought from this Court pertaining to Dahanu Taluka, State of Maharashtra, which has been declared by the Central Government as an ecologically-fragile area by the notification dated 20-6-1991.
(2) IT is stated in the petition that Dahanu is a rich area in agricultural economy and is a source of supply of fodder, grass, rice, cereals, milk, poultry and fish to the people living in the region. It is known as "food bowl" of the region producing 37 thousand tons of chikoos per month, 1825 tons of guava, and 21.9 lakhs of coconuts. The fish catch in the area is stated to be more than 3.7 lakh tons of crabs, pomfret and other fishes and 17 thousand tons of prawns. It is further stated that Dahanu is the last surviving "green zone" between Bombay and Surat. 49 of its total area is under forest cover. 47 thousand hectares of the taluka is reserved and protected forest, harbouring a rich variety of wildlife including some of the endangered species such as leopards, spotted deer, barking deer and mouse deer, etc. The creeks and sea inlets at Dahanu are the feeding grounds for various types of fishes. It is stated that the Government has itself earmarked the Dahanu region for prawn culture and fish-farming and for this reason it has already invested huge amount of money in a seed-farm at Bada Pokharah across the Dahanu creek. Approximately, 65 per cent of the Dahanu population consists of tribals who are engaged in cultivation of land and orchards.
(3) AS mentioned above, the Central Government in consultation with the Government of Maharashtra, considering the need for protecting the ecologically-fragile Dahanu Taluka and to ensure that the development activities are consistent with the principles of environmental protection and conservation has declared Dahanu Taluka as an ecologically-fragile area by the notification dated 20-6-1991 and placed various restrictions including restrictions on the setting up of industries which have detrimental effect on the environment. It is not necessary for us to go into the details of the notification.
(4) THE Government of India in exercise of the powers under Section 3(1) and sub-section 3(2)(v) of the Environment (Protection) Act, 1986 (the Act), issued notification dated 19-2-1991, declaring coastal stretches as Coastal Regulations Zone (CRZ) and has regulated the activities in the said Zone. The notification is self-contained and has been made operative by this Court in Indian Council for Enviro-Legal Action v. Union of India.
(5) MR M.C. Mehta, learned counsel for the petitioner has also invited our attention to various paragraphs relating to the protection of oceans, all kinds of seas, from Agenda 21 adopted by the RIO Conference. He has also referred to the report by the Department of Ocean Development, Government of India, regarding the status of marine pollution in coastal offshore waters in India. According to Mr Mehta, the guidelines given in Agenda 21 and the report by the Department of Ocean Development have to be considered by the State Governments while protecting the area declared by the Government of India as ecologically-fragile areas.
(6) THIS Court on 31-1-1995 passed the following order:
"WE have heard learned counsel for the parties. Mr K.T.S. Tulsi, learned Additional Solicitor General appearing for the State of Maharashtra very fairly states that the master plan/regional plan required to be prepared in terms of notification dated 20-6-1991 is still in the process of preparation. Under the notification the master plan/regional plan was to be prepared within one year from the date of the notification and the same was to be got approved from the Ministry of Environment and Forests, Government of India. We direct the State of Maharashtra to complete the preparation of the master plan/regional plan within two months fro
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