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2025 Supreme(Online)(NGT) 179
NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
HON’BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, HON’BLE DR. SATYAGOPAL KORLAPATI, JJ
SANTHAN VELLAPALEM – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
97/2023 / CHENNAI
For the Petitioner: SANAMPREET SINGH, SANAMPREET SINGH, NONE
For the Respondent:
Valid licenses are essential for aquaculture practices, and groundwater quality must be suitable for agricultural use.
Headnote:(A) Andhra Pradesh State Aquaculture Development Authority Act, 2020 - Joint Committee Report - Groundwater analysis - Complaint regarding pollution of irrigation canal affecting agriculture - Tribunal constituted a Joint Committee to assess the situation and recommend actions. (Paras 3, 5, 6, 8, 12)
(B) Environmental Law - Rights of farmers - The Tribunal emphasized the need for valid licenses for aquaculture practices and the importance of groundwater quality for agricultural purposes. (Paras 5, 6, 12)
Facts of the case:
The applicant complained about pollution in an irrigation canal due to aquaculture activities, which allegedly reduced crop yield by 50%. The Tribunal formed a Joint Committee to investigate the claims. (Paras 2, 3)
Findings of Court:
The groundwater on the applicant's land was found suitable for drinking and agricultural purposes, and no aquaculture activities were currently taking place on the applicant's land. (Paras 8, 10, 12)
Issues: The main issues included the validity of aquaculture practices by neighboring farmers and the impact of pollution on the applicant's agricultural activities. (Paras 2, 5)
Ratio Decidendi: The Tribunal ruled that valid licenses are necessary for aquaculture, and the groundwater quality must be maintained for agricultural use, leading to the conclusion that the applicant's grievances were unfounded. (Paras 5, 12)
Result: Original Application disposed of.
| Table of Content |
|---|
| 1. complaint regarding irrigation canal pollution (Para 1 , 2 , 3) |
| 2. joint committee report findings (Para 4) |
| 3. recommendations of joint committee (Para 5 , 6) |
| 4. groundwater analysis report (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 5. original application disposed (Para 14) |
JUDGMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member
1. The above case has been registered by the Principal Bench of the National Green Tribunal, New Delhi as Original Application No.230 of 2023 (PB) based on the complaint received from one Mr. Santhan Vellapalem, Andhra Pradesh which has been transferred to this Bench and renumbered as Original Application No. 97 of 2023 (SZ).
2. The grievance in the letter petition is that there is an irrigation canal which is source of agriculture to the farmers including the complainant, who are cultivating paddy for the last several decades. The source of water for irrigation is the said canal. However, in the recent times, some persons are drawing water from the canal for aqua agro activities like fisheries, etc. The polluted water drawn from canal is being retransmitted/discharged in the canal, polluting canal water, making it unfit for agriculture and thereby causing huge water pollution including contamination of ground water. The polluted water is also causing damage to farmers crops and yield of the crop has reduced by almost 50%.
3. To assess the grievance, the Tribunal constituted a Joint Committee comprising of State Pollution Control Board, Department of Fisheries, Coastal Aquaculture Authority, Chennai, Department of Irrigation and District Magistrate Nellore and directed the Committee to visit the site and submit a factual report.
4. The Joint Committee filed its report dated 09.09.2023. The Joint Committee visited the aquaculture ponds adjacent to paddy fields on 10.08.2023. The observations made by the Joint Committee are as follows:
(i) The applicant was the first individual to combine excavation and aquaculture on the same land, where he has been cultivating paddy for the past 60 years. Over time, the applicant inspired and encouraged neighbouring farmers to adopt aquaculture practices, leading them to transform their agricultural lands into aquaculture ponds. Recently, the applicant converted his own aquaculture pond back into agricultural land, where he has been successfully cultivating paddy for the past six years only.
(ii) As per the field surveyors report of the Revenue Department, the canal water source is an existing patta canal owned by the Aqua farmers. The aquaculture farmers have excavated the seepage channel perpendicular to the existing patta canal to discharge the used water from their aqua ponds to avoid the seepage water into the neighbouring paddy fields.
(iii) All the aquaculture ponds in Kothapalem village of TP Gudur Mandal are located under Aqua zonation as notified as per the guidelines issued G.O. Ms. No. 16, AHDDF (Fish-II) Department dated 20.04.2018.
(iv) There are 15 aquaculture ponds covering an extent of 15.25 acres, belonging to 09 farmers located adjacent to the applicant’s land, out of which only 04 farmers are practising aquaculture in an extent of 7.21 acres and remaining 05 farmers kept their ponds idle. Out of 09 aqua farmers, 05 aqua farmers have registered their aqua ponds under the Andhra Pradesh State Aquaculture Development Authority Act , 2020.
(v) All the aquaculture farmers and agriculture farmers including applicant are depending on ground water and drawing the water from bore wells for both aquaculture and agriculture activities.
5. The Joint Committee also made the following recommendations:
(i) The aquaculture farmers who have a valid license under the Andhra Pradesh State Aquaculture Development Authority Act 2020, fulfil all the eligible criteria as per the G.O Ms. No. 7, AHDDF (Fish-II) Dept. Dated 16-3-2013 for taking up the freshwater aquaculture in their ponds, may be permitted to continue their aquaculture as all the aquacultur
