Fisheries Administration and Lagislation

Unit 8 - Coastal regulation zone notification

8.3. Aquaculture- shrimp farming
S. Jaganath v. Union of INDIA (1997) 2 SCC 87
The decision of the Supreme Court has been a landmark one as regards environmental jurisprudence. This was a case where all non-traditional shrimp farms operating in the Coastal Regulation Zone were ordered to be closed as they were harmful to the environment. The judgment was delivered by Justice Kuldeep Singh speaking for the bench comprising himself and Justice S. Saghir Ahmed. The court lamented the fact that despite a huge modicum of laws, rules and regulations being in place, there was no compliance with the same. The court directed an authority to be constituted under section 3(3) of the Environment Protection Act, 1986. This authority was given a broad term of reference. The court also directed the demolition of all units indulging in shrimp farming in the coastal regulation zone within a year of the decision. The workers who lost their jobs should be compensated by the employers. It also directed the Central government to frame a scheme in consultation with expert bodies like NEERI to restore the environment damage caused. The money for the same was to come from the ‘Environment Protection Fund’.
Soon after the decision, a petition was filed in the Supreme Court by a group of aqua-culture farm owners claiming that the decision in the Shrimp Farming case was not binding upon them as they were made not made parties in the case. However, the Supreme Court rejected the claim stating that the case had received wide publicity and if anyone wanted to be heard then he could have done so.

The main highlights of the Supreme Court judgment are as follows:

• The Central Government shall constitute an authority under Section 3(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, sea shore, water front and other coastal areas and specially to deal with the situation created by the shrimp culture industry in the coastal States/Union Territories. The Central Government shall constitute the authority before January 15, 1997.
• The authority so constituted by the Central Government shall implement "the Precautionary Principle" and "the Polluter pays" principles.
• The shrimp culture industry/the shrimp ponds are covered by the prohibition contained in para 2(1) of the CRZ Notification. 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 far defined in Alagarswamireport which are practiced in the coastal low lying areas.
• All aquaculture industries/shrimp culture industries/shrimp culture ponds operating/set up in the coastal regulation zone as defined under the CRZ Notification shall be demolished and removed from the said area before March 31, 1997. The farmers who are operating traditional and improved traditional systems of acquaculture may adopt improved technology for increased production productivity and return with prior approval of the "authority" constituted by this order.
• 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.
• No aquaculture industry/shrimp culture industry/shrimp culture ponds shall be constructed/set up within 1000 meters of Chilka lake and Pulicat lake (including Bird Sanctuaries namely Yadurapattu and Nelapattu)
• Acquaculture industry/shrimp culture industry/shrimp culture ponds already operating and functioning in the said area of 1000 meter shall be closed and demolished before March 31, 1997. We direct the Superintendent of Police/Deputy Commissioner of Police and the District Magistrate/Collector of the area to enforce this direction and close/demolish and acquaculture industries/shrimp culture industries, shrimp culture ponds on or before March 31, 1997.
• 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 meter of Chilka and Pulicat lakes will have to be closed. The traditional ones may operate with the prior approval of the "authority" as constituted by this Court. The Supreme Court further directed that any acquaculture activity including intensive and semi-intensive which has the effect of causing salinity of soil, of 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 silication turbidity of water courses and estuaries with detrimental implication on local fauna and flora shall not be allowed by the aforesaid Authority.
• 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 meter from Chilka and Puliket Lakes shall be liable to compensate the affected persons on the basis of the "polluter pays" principle.
• The authority shall, with the help of expert opinion and after giving opportunity to the concerned polluters assess the loss to the ecology, the affected areas and shall a individuals/families who have suffered because of the pollution and shall assess the compensation to be pain to the said individuals/families. The authority shall further determine the compensation to be recovered from the polluters as cost of reversing the damaged environment. The authority shall lay down just and fair procedure for completing the exercise.
• The authority shall compute the compensation under two heads hardly, for reversing the ecology and for payment to individuals. The amount payable to each of them shall be forwarded to the Collector/District Magistrate of the area concerned. The Collector/District Magistrate shall recover the amount from the polluters, if necessary, as arrears of land revenue. He shall disburse the compensation awarded by the authority to the affected persons/families.
• The compensation amount recovered from the polluters shall be deposited under a separate head called "Environment Protection Fund" and shall be utilised for compensating the affected persons as identified by the authority and also for restoring the damaged environment.
• The authority, in consultation with expert bodies like NEERI, Central Pollution Control Board, and respective State Pollution Control Boards shall frame scheme/schemes for reversing the damage cause to the ecology and environment by pollutions of the coastal States/Union Territories. The scheme/schemes so framed shall be executed by the respective State Governments/Union Territory Governments under the supervision of the Central Government.
• The workmen employed in the shrimp culture industries which are to be closed in terms of this order, shall be deemed to have been retrenched with effect from April 30, 1997 provided they have been in continuous service (as defined in Section 258 of the Industrial Disputes Act, 1947). They shall be adequately remunerated in accordance with the applicable law.
• Any disregard of any of the above orders would be deemed to be a contempt of court.
• The judgment of the Supreme Court was indeed a hard-hitting one. It laid the foundation for a new coastal ecology jurisprudence that would form the precedential backbone of future judgments.

Summary of policies and legislations related with inland fisheries and aquaculture

Policy	Legal framework
42nd Constitutional Amendments Article 48 A	The 1977 Constitution (Amendment) Act Article 48 specifically places an obligation on nation to protect environment. Protection of environment as one of the fundamental duties of the citizen.
Aquaculture Authority of India	Constituted by the Government of India in 1997 under the Environment Act 1986 within the administrative control of the Ministry of Agriculture in response to the Supreme Court directive for the regulation of shrimp farms in coastal zone. Recently the jurisdiction of the Authority has been extended to all aquaculture activities by the AP High Court judgment.
National Coastal Zone Management Authority (NCZMA)	This Authority was constituted under the provisions of the Environment Act in 2001 for coordinating the state CZMAs and examination of proposals for the modification of coastal zone management plans and approvals. But this is only an advisory committee which meets whenever necessary and reconstituted once in every two years.
National Biodiversity Authority	Constituted by the MOEF under the Biodiversity Act 2002 and rules 2004 to promote conservation, sustainable use and equitable benefit sharing by constituting state Biodiversity Boards and Biodiversity Management Committees at the Panchayat level to prepare biodiversity registers.
Central Ground water Authority (CGWA)	The CGWA has been constituted in 1997 under Environment Act to regulate indiscriminate drilling and withdrawing of ground water and to issue necessary regulatory directive to protect ground water.
Policy statement for the abatement of pollution, MOEF, 1992	The Environmental Impact Assessment Notification for certain type of activities including large-scale shrimp aquaculture. The public hearing and environmental management plan are also part of the procedure for obtaining no-objection certificate as per 1997 and 2001 amendments to the Environment Act 1986. National Biodiversity, Strategy and Action Plan (NBSAP) and the National Environment Policy 2004 documents on shrimp farming.
A P Farmers Management of Irrigation Systems Act 1997	Under this Act a structure of farmers’ organizations consisting of water users associations, has been created and given the responsibility of water management under command areas. As per the latest revisions it is possible to form such institutional structure for the users of creek/river water for shrimp farming also.
A P Panchayat Act 1953	This Act provides for the duties of a Panchayat to minor irrigation works having a command area of less than 40 ha and also maintenance of drinking water system.
A P Forest Act 1967	Under this Act the Government may declare any wasteland as protected forests. Provision also exists for the formation of joint forest management committees. Thus it could play an important role in the rehabilitation of the unutilized shrimp developed area.
A P Water, Land and Trees Act 2002	This Act is designed to promote water conservation and tree cover and to regulate the exploitation and use of ground and surface waters. The A P Water, Land and Trees Authority will supervise the implementation of the Act as per the rules framed under the Act.
Factories Act 1948	Compulsory disclosure of Information by the occupier and community has a right to be provided information (applicable with respect to shrimp processing industries).