Orissa High Court
Registrar (Judicial) vs Union Of India And Others on 16 January, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 7469 of 2017
Registrar (Judicial), Orissa High .... Petitioner
Court, Cuttack
Mr. Mohit Agarwal, Amicus Curiae
-versus-
Union of India and Others ... Opposite Parties
Mr. Debakanta Mohanty, Addl. Govt. Advocate
Mr. Akhaya Biswal, Advocate
Mr. B.P. Pradhan, Advocate
Mr.B.P. Das, Advocate
Mr. Manoj Kumar Mohanty, Advocate
Mr. P. K. Rath, Advocate
Mr. S.K. Dalai, Advocate
Mr. Santanu Kumar Sarangi, Senior Advocate (Caveator)
Mr. P.K. Mohapatra, Advocate
CORAM:
THE CHIEF JUSTICE
JUSTICE M. S. RAMAN
ORDER
Order No. 16.01.2023
Drone footages
75. 1. Today's hearing commenced with playing a video footage of a
drone camera that has captured the extent of earthen embankments
across the Chilika Lake with specific reference to the
Krushnaprasad Tahasil. The drone footages showed that there were
earthen embankments running all across the water body and the
suggestion by counsel for some of the interveners that this may
have been erected to control floods village belies credibility.
Clearly, as pointed out by the Amicus Curiae, many of these have
been erected for illegal shrimp farming.
2. Mr. Samarth Verma, learned Collector, Puri was present in
virtual mode, explained that while the task of removal of the
earthen embankments is ongoing, the systematic removal of all of
them while at the same time ensuring that they do not re-emerge
will be a considerable task involving additional resources and
manpower, apart from machines. He has undertaken to hold
consultations with the Chilika Development Authority (CDA) and
come up with a comprehensive plan before the next date of hearing
on the extent of the earthen embankment that requires to be
removed, the manner of doing it and the resources that would be
required. Apart from placing these details by way of an affidavit,
he will also indicate the possible time line to achieve the complete
removal of all such illegally erected earthen embankments.
3. The Court has suggested to Mr. Verma that in the initial phase
the effort must be to ensure that there are breaches caused in the
perimeters of such illegal earthen embankments so that there is no
enclosed space within the lake which can facilitate illegal shrimp
farming. The impact that this is likely to have on the water levels
and whether it could pose any risk to human habitation around the
lake will also be examined and indicated in the affidavit to be
filed.
4. The Collectors of the other three districts, i.e., Ganjam,
Kendrapara and Khurdha were also present online. Each of them
has undertaken to deploy similar drone technology to have a
proper survey conducted of the entire area within their respective
jurisdictions. Each of them has undertaken to remove not only the
net Gheries but earthen embankments illegally erected for
facilitating illegal shrimp farming. The directions issued above to
the Collector, Puri would equally apply to the Collectors of
Kendrapara, Ganjam and Khurdha.
5. It has been suggested by the Court that each of these Collectors
should maintain in their offices a library folder of drone footages
taken on a daily basis at three different hours of the day and to
ensure that these footages are preserved for a construable length of
time to aid effective monitoring and to ensure that there is no
reemergence of the illegal prawn gheries that have been removed.
The affidavits to be filed by each of them would report compliance
with this direction.
6. The Court also considers it necessary to issue a general direction
that hereafter prior to every hearing an updated status report will
be filed by each of the Collectors of Puri, Khurdha, Ganjam and
Kendrapara regarding implementation of the Court's directions.
The Court would also like to emphasize that the FIRs that have
been registered with the removal of every illegally erected prawn
ghery must be properly investigated and the cases taken to their
logical conclusion which will include filing of charge sheets and
conduct of the trial ending in a result. The Court will be informed
about the progress of the criminal cases on the next date of hearing
in the affidavits to be filed by each of the Collectors.
7. The Court takes note of the affidavit handed over today by the
Collector, Puri giving an updated status of the action taken
regarding removal of net and earthen gheries and the cases filed as
a result thereof.
Directions to the Chilika Development Authority (CDA).
8. In its order dated 4th April, 2022 this Court had in Para-9 issued
a set of directions to the CDA which bares repetition:
"9. It appears that although the Applicant Society is a
registered Society it has no formal permission from the
competent authority to carry on any fishing activities. It
is also plain that after 18th June, 1999 no such
permission has been granted to any PFCS including the
Applicants. Consequently, the question of permitting the
Applicants to continue with its fishing activities does not
arise. Considering the plea of the Applicant Society that
earlier there was a policy by the State concerning the
traditional non-fishermen, a direction is issued to the
Chilika Development Authority (CDA) to examine the
entire issue and submit its recommendations to the State
Government within a period of three months for the
State Government to consider whether any such policy
needs to be reformulated consistent with the judgments
of the Supreme Court and the prevailing legal regime. It
will be open to the Applicant Society to make its
submissions/representations to the CDA which will give
them a hearing on a mutually convenient date. The
demarcation of areas in the lake where such activity if
any can be carried on does not therefore also arise at this
stage. No further directions can be possibly given at this
stage on this issue."
9. At the subsequent hearing on 15th September, 2022 the above
directions were reiterated as under:
"Policy regarding traditional fishermen and non-
fishermen
3. As regards the directions issued by this Court to the
Chilika Development Authority (CDA) in the order
dated 4th April, 2022 that a policy should be formulated
for traditional fishermen and non-fishermen, there is no
response as yet filed by the CDA. It was suggested on
behalf of some of the interveners/applicants represented
by Mr. Sukanta Kumar Dalai, Advocate that the
Revenue Department should perhaps also be involved in
the formulation of such policy.
4. Since this Court was at that point in time informed
that it would be the CDA which would be best suited to
examine the entire issue objectively and submit
recommendations to the State Government, those
directions were issued. The ultimate object is to have a
policy formulated to cater to the demands of the
traditional fishermen and non-fishermen operating in the
area.
5. The Court would like to reiterate the directions issued
in para 9 of its order dated 4th April, 2022 and directs
that in addition to the CDA, the State Government in the
Department of Revenue will also examine the entire
issue and perhaps in consultation with the CDA present
a policy before the Court within a period of two months
from today."
10. Learned counsel appearing for the CDA drew attention to I.A.
No.16578 of 2022 filed by CDA in which it inter alia it is stated
that an inter-departmental meeting was held by the CDA on 3rd
November, 2022. While the affidavit states that the next review
meeting was to be held in the fourth week of December 2022,
learned counsel for the CDA informs the Court that a further
meeting is to be held on 19th January, 2023. They were ten
members present at the inter-departmental meeting held on 3rd
November, 2022. However, there is no indication in the said
application whether the specific directions issued by this Court on
4th April, 2022 and 15th September, 2022 about hearing the
traditional and non-traditional Fisherman Cooperative Societies
(FCS) has been complied with.
11. Today, Mr. P.K. Rath, learned counsel appearing for 11 such
Primary FCS who are Applicants in I.A. No.15769 of 2022 prayed
that the said Applicants should also be heard by the CDA.
12. It is pointed out by Mr. Debakanta Mohanty, learned
Additional Government Advocate, that there are several such
PFCSs who may want to be heard. This could comprise both
traditional and non-traditional fisher folk involved in either capture
or culture fishery. Their interests need not be the same and at times
may be at cross purposes. Nevertheless, they would have to be
heard as part of the exercise of formulation of a policy, if at all, to
deal with the concerns voiced by them
13. The Court, therefore, issues the following further directions in
this regard:
(i) The CDA will form sub-Committees of two or three members
to visit the various PFCSs and hold sittings in the villages in and
around the Chilika lake as part of the exercise of implementation
of this Court's directions issued on 4th April, 2022 and 15th
September, 2022.
(ii) The CDA will make comprehensive recommendations to the
State Government after completing the above exercise not later
than 15th April, 2023.
(iii) The State Government will examine those recommendations
and after due deliberations, inform the Court by way of an affidavit
of the Additional Chief Secretary, Revenue and Disaster
Management of the stand of the State Government on the
formulation of a policy. This affidavit positively be filed before the
next date of hearing.
(iv) The CDA will inform the local administration of the dates and
possible venues of the meeting to enable the local administration to
provide sufficient police protection for orderly conduct of such
meetings. The PFCSs are requested to cooperate in the peaceful
conduct of all such meetings.
(v) All the PFCSs who wish to be heard by the CDA who are
interveners before this Court will furnish to the counsel for the
CDA such list on or before 1st February, 2023 indicating the name
of one or maximum two representatives who will be heard by the
CDA on behalf of such PFCSs.
Directions to the CAA
14. In the order passed on 15th September, 2022 this Court had
issued directions to the Coastal Aqua-culture Authority (CAA)
regarding disposal of the applications pending with it for grant of
permissions on the recommendation of various District Level
Committees. The Court reiterates those directions and further the
CAA will dispose of all pending applications, if not already done,
positively on or before 30th April, 2023 and communicate its
decisions to the respective DLCs who will in turn communicate
those decisions to the Applicants who are the Interveners before
this Court. Some of them who have also filed independent writ
petitions.
15. The Secretary, CAA will file an affidavit of compliance in this
Court before the next date and also remain present virtually. The
interim orders in regard to such Applicants passed earlier will
continue till the next date.
16. The Chief Executive Officer, CDA as well as the Collectors of
Puri, Ganjam, Khurdha and Kendrapara District will also remain
present virtually on the next date.
17. List on 15th May, 2023 at 2 pm.
(Dr. S. Muralidhar)
Chief Justice
(M. S. Raman)
Judge
Balaram
