ORDER :

1. The petitioners five in number have filed this writ petition as a public interest litigation to forbear the Director of Fisheries/fifth respondent from establishing Aqua Culture Center, in the land comprised in Survey No. 967, measuring an extent of 86.93.00 Hectares, at Mannavanur Village, Kodaikanal Taluk, Dindigul District.

2. The petitioners are the residents of Kavunji Village, Kodaikanal Taluk, Dindigul District and stated to have been involved in creating public awareness, propagating the various welfare schemes evolved by the Government and also rendering assistance to the villagers whenever required.

3. It is stated that the land in question is a grassland used by the residents of the Village from time immemorial and it provides the ecosystem with clean water; prevents floods and also serves a grassing ground for cattle. Further, the grassland is an important habitat for several species of flora and fauna, including migratory birds. The area has unique biodiversity with several endemic and rare plants. Through the grassland, Thalavarai river flows, which is the irrigation source of around 2000 Acres of cultivable lands and it is stated to be the only water source to the residents of the village. It is stated that when the entire area is so unique in its biodiversity, the Fisheries Department, without giving importance to the protection of environment and ecosystem, have proposed to establish a massive fish hatchery unit in the grassland at Mannavanur Village.

4. It is further stated that if a fish hatchery or Aqua Culture Center is established in the said grassland, it would result in serious environmental degradation and the waste, which would be generated from the fish points, would result in contamination of the water resource and ultimately, destroy the entire grassland area. Therefore, the petitioners seek for a direction from this Court to forbear the Fisheries Department from establishing the Aqua Culture Centre in the subject land.

5. Mr. T. Lajapathi Roy, learned counsel appearing for the petitioners, after elaborately describing about how the entire area in and around Mannavanur Village is an ecologically sensitive area, submitted that there is a duty cast upon the Department to protect the grasslands and establishing Aqua Culture Center in the ecologically sensitive area is against the public interest.

6. Referring to the decision of the Honourable Supreme Court, in the case of T.N. Godavarman Thirumulpad vs. Union of India and Others, Writ Petition (Civil) No. 202 of 1995, it is submitted that the areas, which are having the characteristics of forests and identified as deemed forests, irrespective of the ownership, require permission under the Forest (Conservation) Act, 1980 (in short “the Act”) for putting them to use for non-forest activities.

7. Further, by referring to the decision of the Honourable Full Bench of this Court in the case of T.K. Shanmugam vs. State of Tamil Nadu, 2015 (6) CTC 369, it is submitted that the Court had deprecated the practice of destruction of water bodies and stressed the importance of protection and preservation of the water bodies.

8. Further, it is submitted that the Honourable Supreme Court, in the case of S. Jagannath vs. Union of India and Others, (1997) 2 SCC 87, has pointed out that the agricultural lands, salt pan lands, mangroves, wet lands, forest lands, land for village common purpose and the land meant for public purposes shall not be used/converted for construction of shrimp culture ponds.

9. It is further submitted that in terms of Section 2 of the Act, there is a restriction on the de-reservation of forests or use of forest land for non-forest purpose.

10. Referring to the notification issued by the Ministry of Environment, Forests and Climate Change, Government of India, dated 29.01.2018, it is submitted that the Central Government had listed the activities, which constitute violation of provisions of the Act and the Rules made thereunder and issued guidel