(SHRIMP CULTURE CASE)
FACTS
This petition under Article 32 of the Constitution of India - in public interest - has been filed by S. Jagannathan, Chairman, Gram Swaraj Movement, a voluntary organisation working for the upliftment of the weaker sections of society. It is alleged that the coastal States are allowing big business houses to develop prawn farms on a large scale in the ecologically fragile coastal areas of the States concerned in violation of the Environment Protection Act, 1986 and the rules framed thereunder and various other provisions of law. It is also alleged that establishment of prawn farms on rural cultivable lands is creating serious environmental, social and economic problems for the rural people living along the coastal bed specially in the east coast. The petitioner has sought the enforcement of Coastal Zone Regulation Notification dated 19-2-1991 issued by the Government of India, stoppage of intensive and semi-intensive type of prawn farming in the ecologically fragile coastal areas, prohibition from using the wastelands/wetlands for prawn farming and the constitution of a National Coastal Management Authority to safeguard the marine life and coastal areas.
JUDGEMENT
The Court directed as follows:
Constitution of an “Authority”: Central Government shall constitute an authority under Section 8(3) of the Environment (Protection) Act, 1986 and shall confer on the said authority all the powers necessary to protect the ecologically fragile coastal areas, seashore, waterfront and other coastal areas and specially to deal with the situation created by the shrimp culture industry in the coastal States/Union Territories.
Composition of the Authority: The authority shall be headed by a retired Judge of a High Court. Other members preferably with expertise in the field of aquaculture, pollution control and environment protection shall be appointed by the Central Government.
Powers of the Authority: The Central Government shall confer on the said authority the powers to issue directions under Section 5 of the Act and for taking measures. The authority so constituted by the Central Government shall implement “the Precautionary Principle” and “the Polluter Pays Principle.”
The Court held that “No shrimp culture pond can be constructed or set up within the coastal regulation zone as defined in the CRZ notification. This shall be applicable to all seas, bays, estuaries, creeks, rivers and backwaters. This direction shall not apply to traditional and improved traditional types of technologies (as defined in Alagarswami Report) which are practised in the coastal low-lying areas. The agricultural lands, salt pan lands, mangroves, wetlands, 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."
Set-up outside the coastal regulation zone (CRZ): Aquaculture industry/shrimp culture industry/shrimp culture ponds other than traditional and improved traditional may be set up/ constructed outside the coastal regulation zone as defined by the CRZ Notification and outside 1000 mts of Chilka and Pulicat Lakes with the prior approval of the “Authority” as constituted by this Court. The Court further directed that any aquaculture activity including intensive and semi-intensive which has the effect of causing salinity of soil, or the drinking water or wells and/or by the use of chemical feeds increases shrimp or prawn production with consequent increase in sedimentation which, on putrefaction is a potential health hazard, apart from causing siltation, turbidity of water courses and estuaries with detrimental implication on local fauna and flora shall not be allowed by the aforesaid Authority.
Polluter- Pays Principle: Aquaculture industry/shrimp culture industry/shrimp culture ponds which have been functioning/operating within the coastal regulation zone as defined by the CRZ Notification and within 1000 mts from Chilka and Pulicat Lakes shall be liable to compensate the affected persons on the basis of the “Polluter Pays” principle.
COMMENTARY
With traditional fishing operations, agricultural practices and shrimp cultivation, the coastal villages maintain a self sustaining economy of their own. However, this self-sustenance was shaken by industrialisation and commercialisation.
Hitting hard at the negligence of the authorities in carrying out duties under different statutes, the Supreme Court holds in Jagannath that CRZ notification issued under a central legislation, EPA, has an overriding effect over any state legislation.