HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION Nos.36300 of 2015, 1057 of 2018,
19438 of 2019 and 20425 of 2019
COMMON ORDER:
All these writ petitions are interrelated and are on the
question of whether certain aquaculture activities in Sy.Nos.469
to 552 of Pedanindra Kolanu Village, Nidamarru Mandal, West
Godavari District, and hence, they are disposed of by this
common order.
2. About 11 agriculturists had filed W.P.No.36300 of
2015 before this Court. In this writ petition, the petitioners
contend that "the petitioners are owners of various extents of
agricultural lands in Pedanindra Kolanu Village, Nidamarru
Mandal, West Godavari District". On the ground that the
unofficial respondents were seeking to convert the neighbouring
lands of the petitioners into fish tanks, the petitioners had been making various representations to the official respondents from June, 2013 onwards. The 3rd respondent, who is the Deputy Director, Fisheries, Eluru, by his proceedings dated 28.02.2015 and 10.03.2015, had informed the petitioners that the unofficial respondents were not converting the agricultural lands into fish tanks as no permissions had been granted. As the petitioners could see the operations being made by the unofficial respondents, a complaint was given to the 4th respondent- Tahsildar on 13.04.2015. In reply to this complaint, the Tahsildar, on 18.06.2015, informed the petitioners that no 2 RRR,J W.P.Nos.36300 of 2015, 1057 of 2018, 19438 of 2019 and 20425 of 2019 excavation activities are going on. Thereafter, the petitioners have approached this Court on the ground that the unofficial respondents were undertaking excavation which need to be stopped.
3. The respondent Nos.2 and 3 filed a counter affidavit stating that out of unofficial respondent Nos.6 to 15, respondent No.6 did not have any land; respondent Nos.10 and 15 had not filed any application for conversion; and the application of respondent No.8 had been rejected and as such he has not converted the land. As far as respondent Nos.7, 9, 11 and 12 to 14 are concerned, they had obtained provisional registration under G.O.Ms.No.7, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 16.03.2013 and these registrations were given on the ground that the conversion of such land adjacent the Kolleru River is permissible as the land was about 10+5 contour. With a view to verify whether any pollution was taking place on account of the aquaculture activities of the private respondents, this Court had directed the Pollution Control Board to file a report. A report dated 22.09.2016 was filed by the Pollution Control Board stating that a test of the water in the fields of various farmers showed that the water quality was not upto the standard in one case and was within the parameters in the other cases. However, that report also stated that the crop cycle was 6 to 8 months while the test was conducted when the crop cycle was only 1 to 2 months old. The report cautioned that it was only in the later 3 RRR,J W.P.Nos.36300 of 2015, 1057 of 2018, 19438 of 2019 and 20425 of 2019 part of the crop cycle that large scale additions would be made to the tanks which would result in higher pollution.
4. After filing of the above case, W.P.No.1057 of 2018 was filed by three petitioners, including respondent No.13 and son of respondent No.14 in W.P.No.36300 of 2015. In this writ petition, it is contended that the Joint Director of Fisheries, Convener of District Level Committee, West Godavari District, on a complaint made by the 1st petitioner in W.P.No.36300 of 2015, had issued a notice dated 12.12.2017 stating that the provisional Certificate of Registration issued to the petitioners has been cancelled. It is the case of the petitioners that after the said cancellation, respondent No.1 in W.P.No.1057 of 2018 had issued G.O.Ms.No.32, Animal Husbandry, Dairy Development and Fisheries (Fish) Department, dated 25.10.2017 for regularisation of fresh water aquaculture tanks which were existing under registered farms. In view of the said G.O., the petitioners had applied for regularisations and the same was pending consideration before the 2nd respondent. It was the case of the petitioners that while such applications for regularisations were pending, the official respondents should be restrained from eviction and demolition of fish tanks belonging to the petitioners in W.P.No.1057 of 2018.
5. Another writ petition, being W.P.No.19438 of 2019, was filed by seven petitioners. Petitioner Nos.2 and 3 in W.P.No.1057 of 2018 are petitioner Nos.7 and 6 respectively in W.P.No.19438 of 2019. The mother of petitioner No.1 in 4 RRR,J W.P.Nos.36300 of 2015, 1057 of 2018, 19438 of 2019 and 20425 of 2019 W.P.No.1057 of 2018 is petitioner No.5 in W.P.No.19438 of 2019. It is to be noted that petitioner No.5 is relying upon the same Certificate of Registration issued to petitioner No.1 in W.P.No.1057 of 2018. Further, it is to be noted that respondent Nos.9, 11, 13 and 14 in W.P.No.36300 of 2015 are petitioner Nos.1, 3, 6 and 5 in W.P.No.19438 of 2019. In this writ petition also, the contention of the petitioners is that their provisional registration granted under G.O.Ms.No.7, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 16.03.2013 was cancelled and they had sought regularisations under G.O.Ms.No.32, Animal Husbandry, Dairy Development and Fisheries (Fish) Department, dated 25.10.2017 and that their tanks should not be demolished while the said applications are pending.
6. W.P.No.20425 of 2019 has been filed by the person who is petitioner No.3 in W.P.No.1057 of 2018 and petitioner No.6 in W.P.No.19438 of 2019. The contention of the petitioner is that the provisional registration of the petitioner was cancelled on 12.11.2017 and the petitioner had applied for regularisation under G.O.Ms.No.32, Animal Husbandry, Dairy Development and Fisheries (Fish) Department, dated 25.10.2017 and the respondents were seeking to demolish the tanks of the petitioner during pendency of the regularisation of the application.
7. Sri S.Subba Reddy, learned counsel appearing for the petitioners in W.P.No.36300 of 2015 and the respondents in 5 RRR,J W.P.Nos.36300 of 2015, 1057 of 2018, 19438 of 2019 and 20425 of 2019 all the other writ petitions, would submit that the fish tanks said to have been excavated under G.O.Ms.No.7, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 16.03.2013 cannot be regularised under G.O.Ms.No.32, Animal Husbandry, Dairy Development and Fisheries (Fish) Department, dated 25.10.2017 or G.O.Ms.No.15 Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 26.05.2015, inasmuch as these are existing fish tanks, which had been given provisional registration under G.O.Ms.No.7, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 16.03.2013 and upon cancellation of such provisional registration, the authorities could not have regularised the illegal formation of fish tanks and carrying on aquaculture activities, inasmuch as the fish tanks of the respondents do not meet the conditions set out G.O.Ms.Nos.32 and 15.
8. Sri S.Subba Reddy, would also point out to the subsequent registrations obtained under G.O.Ms.No.15, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 26.05.2015 to contend that these certificates were said to have been issued on 13.08.2016 and 12.10.2015, while it is the case of the said respondents in the writ petitions filed much later that the applications for regularisations are still pending. In such a situation, Sri S.Subba Reddy contends that these certificates are fabricated and this Court should not grant indulgence to persons who have come with unclean hands before this Court.
6 RRR,J W.P.Nos.36300 of 2015, 1057 of 2018, 19438 of 2019 and 20425 of 2019
9. Sri S.Subba Reddy also submits that in view of the stay granted by this Court in W.P.No.1057 of 2018, the Certificates of Regularisation produced by the fish tanks owners could not have been issued at all. It is further contended that the very same persons also filed W.P.No.17301 of 2018 in which they have specifically stated that they have been raising fish in the ponds and such activities are clearly prohibited unless and until due permission is granted under G.O.Ms.No.7, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 16.03.2013.
10. Sri B. Soma Sekhar, learned counsel for the fish tank owners, would submit that his clients were unaware of the issuance of the regularisation certificates under G.O.Ms.No.15, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 26.05.2015, at the time when the Writ Petitions were filed, and as such, they could not place the certificates or plead completion of the regularisation process.
11. Before going into the controversy in the present cases, it is necessary to set out the statutory regime governing this issue.
12. In view of the large scale conversion of lands, both agricultural lands as well as non-agricultural lands, into fish tanks for the purpose of carrying on aquaculture operations, the Government had issued G.O.Ms.No.7, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 16.03.2013, to regulate aquaculture activities and also the 7 RRR,J W.P.Nos.36300 of 2015, 1057 of 2018, 19438 of 2019 and 20425 of 2019 conversion of lands into fish tanks. The said G.O. prohibited fresh water aquaculture without registration in accordance with the G.O. A District Level Committee was set up under the G.O. as the competent authority to permit fresh water aquaculture by way of registration with the committee. The guidelines which should be applied by the committee for grant of registration were also set out in the said G.O. In the guidelines annexed to this G.O., it was stated that aquaculture farms and installations whether fully or partly excavated and whether abandoned or active before 16.03.2013, would be treated as existing aquaculture farms and the G.O. would not be applicable to such farms. However, all such existing farms could also be regularised by making applications for that purpose within three months from the date of issuance of G.O.Ms.No.7, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 16.03.2013, which would mean that such applications for regularisation could be filed on or before 16.06.2013. Subsequently, by way of G.O.Ms.No.15, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 26.05.2015, this guideline was amended to permit the applications for regularisation of existing unregistered aquaculture farms till 31.03.2016.
13. Another feature of the guidelines in G.O.Ms.No.7, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 16.03.2013, was the introduction of a two step registration process. Under these guidelines, an applicant would first apply for provisional registration, which would be 8 RRR,J W.P.Nos.36300 of 2015, 1057 of 2018, 19438 of 2019 and 20425 of 2019 granted upon the application, meeting all the terms and conditions set out in the G.O. Upon such provisional registration being granted, the applicant could excavate and complete the setting up of fish tanks. Thereafter, the District Level Committee would verify whether the tanks have been established in accordance with the provisional registration under G.O.Ms.No.7 Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 16.03.2013 and upon being satisfied with the compliance of these conditions, a final registration certificate would be issued. It was also stipulated that the applicant cannot carryon or commence any aquaculture activities in the tanks until the final registration certificate is issued. A slight modification was made in relation to these guidelines under G.O.Ms.No.15 Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 26.05.2015 by requiring the District Level Committee to complete the issue of final registration within one month from the date of receipt of application for final registration. There are other modifications which are not germane to the present case and are not being referred to.
14. After the issuance of G.O.Ms.No.15, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 26.05.2015 the Government again issued G.O.Ms.No.32, Animal Husbandry, Dairy Development and Fisheries (Fish) Department, dated 25.10.2017. Under this G.O., the time for regularisation of existing unregistered aquaculture farms was extended upto 31.03.2018.
9 RRR,J W.P.Nos.36300 of 2015, 1057 of 2018, 19438 of 2019 and 20425 of 2019
15. In the present case, the fish tank owners had been granted registration under G.O.Ms.No.7, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 16.03.2013 and thereafter, these registrations were cancelled. On account of the cancellation of the registrations, it would have to be treated that all these fish tanks were existing unregistered aquaculture farms. Upon such cancellation, the owners of these farms had liberty to apply for regularisation upto 31.03.2016 under G.O.Ms.No.15, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 26.05.2015 and subsequently till 31.03.2018 under G.O.Ms.No.32, Animal Husbandry, Dairy Development and Fisheries (Fish) Department, dated 25.10.2017. The details of the persons who had made such applications have already been recorded. On the basis of these applications, it appears that the fish farms have been regularised under G.O.Ms.No.15, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 26.05.2015 on various dates set out in the certificates. However, these certificates also specified that regularisation is in relation to provisional registration only and the applicants would have to apply in Form-C for final registration. It was also stipulated that till such registration is granted by the authority, the applicant cannot fill water or stock of fish/prawn culture.
16. On account of the contentions raised by Sri S. Subba Reddy that the certificates of regularisation issued in favour of the fish tank owners were fabricated documents, the learned Government Pleader for Fisheries was directed to obtain 10 RRR,J W.P.Nos.36300 of 2015, 1057 of 2018, 19438 of 2019 and 20425 of 2019 instructions in this regard. However, the instructions obtained by the learned Government Pleader for Fisheries are totally irrelevant, as the instructions spoke about the initial registrations under G.O.Ms.No.7, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 16.03.2013 and were totally silent on the question of whether the subsequent certificates issued for regularisation were genuine or not. In these circumstances, this Court would have to fall back on the pleadings of the private parties to the litigation. On one hand, it is the contention of the parties represented by Sri S. Subba Reddy that the certificates are fake, on the other hand the parties represented by Sri B.Soma Sekhar contend that they are genuine certificates and the discrepancy in the pleading is due to ignorance of the fact that regularisation had already been completed by the authorities. In these circumstances, it would be difficult for this Court to arrive at any conclusion on either side.
17. Looking at this issue from any angle, it is clear that even according to the case of the parties represented by Sri B. Soma Sekhar, final registration has not been done in relation to the fish tanks of the parties represented by Sri B. Soma Sekhar.
18. In these circumstances, these writ petitions are disposed of with the following directions:
1) The parties represented by Sri B. Soma Sekhar in those cases where regularisation under G.O.Ms.No.15, Animal Husbandry, Dairy Development and Fisheries 11 RRR,J W.P.Nos.36300 of 2015, 1057 of 2018, 19438 of 2019 and 20425 of 2019 (Fish.II) Department, dated 26.05.2015 is claimed to have been completed, shall apply for final registration under G.O.Ms.No.7, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 16.03.2013 read with G.O.Ms.No.15, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 26.05.2015 and G.O.Ms.No.32, Animal Husbandry, Dairy Development and Fisheries (Fish) Department, dated 25.10.2017.
2) Upon such application being made, the District Level Committee, after giving appropriate notice to the parties represented by Sri S. Subba Reddy and after giving opportunity to place their objections, shall consider whether the fish tanks are in accordance with the conditions set out in G.O.Ms.No.7, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 16.03.2013; G.O.Ms.No.15, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 26.05.2015; and G.O.Ms.No.32 Animal Husbandry, Dairy Development and Fisheries (Fish) Department, dated 25.10.2017, along with the guidelines attached to these G.Os.
3) After considering all the issues raised by both sides and after going into the question of whether the regularisation certificates produced by the fish tank owners are genuine or not, the District Level Committee 12 RRR,J W.P.Nos.36300 of 2015, 1057 of 2018, 19438 of 2019 and 20425 of 2019 shall pass orders either rejecting the final registration or granting final registration within a period of three (3) months from the date of receipt of copy of this order.
4) The District Level Committee shall take all steps to ensure that such applicants do not carry out any aquaculture operations in these fish tanks until the applications for grant of final registrations are considered and orders are passed on the said applications.
As a sequel, pending miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
____________________________ R. RAGHUNANDAN RAO, J.
1st day of April, 2021 sdp RRR,J.
After pronouncement of the judgment, Sri B. Somasekhar, submits that there is an existing fish crop in the tanks.
The said fish crop may be harvested, however, no fresh fish seed or other aquatic life will be introduced in the fish tanks until a decision is taken by the District Level Committee.
____________________________ R. RAGHUNANDAN RAO, J.
1st April, 2021 Js.
13 RRR,J W.P.Nos.36300 of 2015, 1057 of 2018, 19438 of 2019 and 20425 of 2019 HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION Nos.36300 of 2015, 1057 of 2018, 19438 of 2019 and 20425 of 2019 1st day of April, 2021 sdp