This Public Interest Litigation has been filed seeking closure of the Aqua Culture Industry stated to be carried on in 3500 acres of land situated at Nadukuppam Village, Marakkanam Taluk, Villupuram District, as the same is stated to be without necessary permissions and causing health hazards to the villagers.

2. In the detailed counter affidavit filed by the fourth respondent/District Forest Officer, Villupuram, it is stated that the area is located in Kazuveli wetland and comes under the category of protected wetlands in terms of Rule 3 (v) of the Wetland (Conservation and Management) Rules, 2010. It is stated to be ecologically very sensitive and the second largest brackish water wetland in South India. The area is stated to be a home for many bird species numbering more than 115 species. The area has been notified under Section 26 of the Tamil Nadu Forest Act, 1882 in the year 2001 and has been enjoying protection under the Tamil Nadu Forest Act, 1882, the Wildlife (Protection) Act, 1972 and the Forest (Conservation) Act, 1980.

3. The fourth respondent states that many encroachers have encroached upon the area as boundary demarcation is yet to be done and such demarcation process is pending because various settlement works have not been concluded. Thereafter show cause notices have been issued by the Forest Range Officer, Tindivanam under Section 68-A of the Tamil Nadu Forest Act, 1882, but only two encroachers have given their reply and they too have no legal ownership documents. The eviction is possible only qua three acres till now.

4.It is admitted that there are more than 100 shrimp farms which are illegally carrying out aqua culture, detrimental to marine eco system. 25 shrimp farmers have been issued license by the District Collector, but on review of the issue in the District Level Coastal Aquaculture Authority Committee Meeting (being constituted as per the Coastal Aquaculture Authority Act, 2005), all licenses have now been declared as invalid and not renewed. Such Aquaculture activity shall not be carried on without prior approval of the State Government within wetlands as per Rule 4(2) (i, ii, viii, x) of the Wetland (Conservation and Management) Rules, 2010. The functioning of the shrimp farms leads to release of waste water without any treatment, which is prohibited under Rule 4(1)(v & vii) of the said Rules within the wetland and the wetland cannot be converted into a non-wetland without satisfaction of the Central Government as per Rule 4(5) of the said Rules.

5.On a perusal of the affidavits of both the 4th and 5th respondents and on hearing the learned counsel for the parties, it emerges that there are two actions necessary--

a)The action for verification of the entitlement to hold the land is liable to be expedited and demarcation process to proceed quickly.

b)If no valid license is in existence, it is necessary action has to be taken to stop the prawn culture activity. Thus, the two pronged action is required for this purpose to be taken in accordance with law. We may note on the issue of prawn culture, on the requirements, we have considered the larger issue in W.P.No.12235 of 1995 decided on 10.12.2014 in (M.Ganesan vs. Government of Tamil Nadu).

6.Learned counsel appearing for the respondents assures that necessary action in this behalf will be taken and a compliance report shall be filed within two months from the date of receipt of this order.

7. The writ petition accordingly stands disposed of. No costs. The compliance report be filed at least three days in advance before the next date of hearing.

List for compliance on 30.10.2015.