S. Jagannath Vs. Union of India & Ors [1996] INSC 1592 (11 December 1996)
Kuldip Singh, S. Saghir Ahmad. Kuldip Singh, J.
ACT:
HEAD NOTE:
Shrimp (Prawn Culture Industry is taking roots in India. Since long the fishermen in Indian have been following the traditional rice/shrimp rotating acqua culture system. Rice is grown during part of the year and shrimp and other fish species are cultured during the rest of the year.
However, during the last decade the traditional system which, apart from producing rice, produced 140 kgs. of shrimp per hectare of land began to give way to more intensive methods of shrimp culture which could produce thousands of kilograms per hectare. A large number of private companies and multi-national corporations have started investing in shrimp farms. In the last few years more than eighty thousand hectares of land have been converted to shrimp farming. India's Marine export weighed in a 70,000 tonnes in 1993 and these exports are projected to reach 200 thousand tonnes by the year 2000. The shrimp farming advocates regard acquaculture as potential savior of developing countries because it is a short-duration crop that provides a high investment return and enjoys and expanding market. The said expectation is sought to be achieved by replacing the environmentally benign traditional mode of culture by semi-intensive and intensive methods.
More and more areas are being brought under semi-intensive and intensive modes of shrimp farming. The environmental impact of shrimp culture essentially depends on the mode of culture adopted in the shrimp farming. Indeed, the new trend of more intensified shrimp farming in certain parts of the country - without much control of feeds, seeds and other inputs and water management practices - has brought to the fore a serious threat to the environment and ecology which has been highlighted before us.
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 section of society. The petitioner has sought the enforcement of Coastal Zone Regulation Notification dated February 19, 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 waste ands/wet lands for Prawn farming and the constitution of a National Coastal Management Authority to safeguard the marine life and coastal areas. Various other prayers have been made in the writ petition. This Court issued notice by the order dated October 3, 1994. On December 12, 1994, this Court passed the following order:- "Ministry of Environment and Forests, Govt. of India issued a Notification dated February 19, 1991, under Clause (d) of Sub-rule (3) of Rule 5 of the Environment (Protection) Rules, 1986 wherein it was declared that the coastal stretches of seas, bays, estuaries, creeks, rivers and backwater which are influenced by the tidal action (in the landward side) up to 500 metres from the High Tide Line (HTL) and the land between the Low Tide Line (LTL) and the HTL are Coastal Regulation Zone. The Central Govt. has imposed various restrictions in the said Notification. Mr. Mehta, learned advocate appearing for the petitioners states that despite the issue of the Notification un authorised industries and other construction is being permitted by various States within the area which has been declared as Coastal Regulation Zone ................Meanwhile we direct all the respondent States not to permit the setting up of any Industry or the construction of any type on the area at least upto 500 metres from the sea water at the maximum High Tide. The above said area i.e. from the High Tide Level upto 500 metres shall be kept free from all construction of any type".
The Union of India and States/Union Territories of Gujarat, Maharashtra, Orrisa, Kerala, Tamil Nadu, West Bengal, Goa, Pondicherry, Daman/Deu, Andaman/Nichobar and Lakshdeep have filed replies to the writ petitions. This Court on March 27, 1995 passed the following order:- "This Public Interest petition is directed against the setting up of Prawn farms on the coastal areas of Andhra Pradesh, Tamil Nadu and other coastal States. 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 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 cultiviable lands is creating serious environmental, social and economic problems for the rural people living along with the coastal bed specially in the east coast.................. Meanwhile, we direct NEERI, Nagpur through its Director to appoint in investigating team to visit the coastal areas of the States of Andhra Pradesh and Tamil Nadu and give its report to this court regarding the various farms which are being set up in the said area.
In case the investigating team finds that the ecologically fragile area is being environmentally degraded then it shall suggest the remedial measures in that respect.
The NEERI team shall keep in view the Notification dated February 19, 1991 of the Ministry of Environment and Forests, Govt. of India, issued under the Environment Protection Act, 1986 and also the provisions of the Tamil Nadu Agriculture (Regulation) Act, 1995. The NEERI shall submit its report before April 30, 1995".
Pursuant to the above quoted order, the National Environmental Engineering Research Institute, Nagpur (NEERI) submitted its report dated April 25, 1995 before this Court.
This Court further directed NEERI to send an expert team to the coastal areas in other States and file its report within two months. the report was filed in this Court within the specified time. This Court on May 9, 1995 passed the following order:- "This matter be listed for final hearing on 4th August, 1995.
Meanwhile we direct that no part of agricultural lands and salt farms be converted into conmmercial aquaculture farms hereinafter. We further direct that no ground water withdrawal, be allowed for aquaculture purposes to any of the industries whether already existing or in the process of being set up.
No further shrimp farms or any acquaculture farms be permitted to be s et up in the areas in dispute hereinafter.
We direct the respective State Governments (the Collector concerned or any other Officer appointed by the Government) to provide free access through acquaculture units to the sea coast to the fishermen/tourists after hearing the parties concerned.
Mr. Mehta has contended that due to these farms occupying the most of the coastal areas it has become difficult for the villagers to search for fresh water. The State Govt. may examine this aspect and provide water by way of tankers wherever it is necessary.
So far as the farmers in the State of Tamil Nadu are concerned they are all represented through of Kapil Sibal and his team. We direct the State of A.P. to send a copy or the order of this Court to all the aquaculture farms in the State of A.P. informing them that the matter shall be taken up by this Court for final hearing on 4th August, 1995.
This may be done by the State of A.P. by the end of June, 1995.
We direct the Pondicherry Administration to send a copy of the order of this Court to all the aquaculture farms in Pondicherry informing them that the matter shall be taken up by this Court for final hearing on 4th August, 1995.
This may be done by the Pondicherry Admn. by the end of June 1995.
We further direct the Superintendent of Police and the collector of the areas concerned to see that the order of this Court specially the directions given are meticulously complied with by all the farms." Before finally hearing this matter, this Court passed the following order on August 24, 1995:- "We are of the view that it would be in the interest of justice to have full representation before us so far individual aqua-farms in various States/Union Territories are concerned. We, therefore, adjourn the hearing to October 17, 1995. Meanwhile, we direct the coastal States/Union Territory Governments, through their learned counsel who are present in the Court, to issue individual notices to all the aqua-farms which are located in their respective territories. It may be stated in the notices that the same are being issued under the direction of this Court. it should also be specifically mentioned that if they want to be heard in these matters by this Court, they be present through their counsel/representatives in the Court, on the next date of hearing, which is October 17, 1995. We also direct the Marine Products Exports Development Authority (MPEDA), through its counsel Mr. Harish N. Salve, to do the same exercise at its level also. Apart from that, we further direct all the State Governments/Union Territories to issue public notices in this respect in daily newspapers which have circulation in the coastal areas, informing the aqua-farms regarding the hearing of these matters in this Court, on October 17, 1995. This may be done on two consecutive days.
Notices and publication be completed within 3 weeks from today. Meanwhile, we direct all the State Governments/Union Territories not to give fresh licences/permission for setting up/establishment of any aqua-farm in their respective Territories till further orders." Coastal Pollution, universally, is an emerging problem.
So far as India is concerned it has already become a serious environmental problem. Besides direct dumping of waste materials in the seas discharge through marine outfalls, large volumes of untreated of semi-treated waste generated in various land-based sources/activities ultimately find way to the seas. The coastal waters directly receive the inland waters, by way of surface run-off and land-drainage, ladden with myriad of refuse materials - the rejects or wastes of the civilisation. Apart from inputs from rivers and effluent-outfalls, the coastal areas are subject to intensive fishing, navigational activities, recreations, ports, industrial discharge and harbours which are causative factors of water quality degradation to varying degrees.
Contrary to the open sea, the changes in the quality of coastal waters, are much greater due to river discharges under tidal conditions.
With noticeable increase in marine pollution and the consequential decline in marine resources, serious concern was expressed in the United Nations' Conference on Human Environments in Stockholm (1972) attracting global attention towards the urgent need of identifying the critically polluted areas of the marine environments, specially in coastal waters, for urgent remedial actions. The Conference unanimously resolved that the littoral States should take early action at their National level for assessment and control of marine pollution from all sources and carry out systematic monitoring to ascertain the efficacy of the pollution regulatory actions taken by them. In the background of the Stockholm Conference and in view of 1982 Convention on the "Law of the Sea" defining jurisdiction of territorial waters, a model comprehensive Action Plan has been evolved under the United Nations' Environment Programme (UNEP). Keeping with the international commitments and in greater National interest, the Government of India and the Governments of the coastal States are under a legal obligation to control marine pollution and protect the coastal-environments.
According to the facts placed on record by the Central Pollution Control Board the Board the coastline of India's mainland is about 6000 km long. But or the total landmass of about 3.28 million sq. kms nearly 0.15 million sq. kms of coastal land-belt (considering 25 km landward distance) girdles three sides of the Country's sea front which in turn underlays about 3.13 million sq. km sea-bed upto the territorial limit. The Country being riverine, has 14 major, 44 medium and 55 minor rivers which discharge annually about 1566 thousand million cubic meters of water through land drainage into the seas transporting a wide range of pollutants generated by land-based activities. Nine out of fourteen major rivers meet the sea in the east coast (Brahmaputra through Bangladesh) and the remaining five in the west coast (Indus through Pakistan).
Besides land drainage, there are large number or marine coastal out falls discharging directly or indirectly industrial and municipal effluents into seas. Uncontrolled disposal of land-based waste into the seas, through rivers and effluent outfalls, is a major cause of pollution of coastal waters. There are nine coastal States and one Union Territory (UT) in India namely, Gujarat, Maharashtra, Goa, Karnataka, Kerala, Tamil Nadu, Pondicherry (UT), Andhra Pradesh, Orissa and West Bengal, More than one-fourth of the total population of the country is settled in the coastal areas. The Board in its report regarding "Pollution Potential of Industries in Coastal Areas of India" dated November, 1995 gives the following date regarding aquaculture farms:
"The effluent generation from aquaculture farms in the east coast only, in absence of data on west coast farms, is to the tune of 2.37 million cubic meters per day, out of which Andhra Pradesh has the lion share of about 2.12 million cubic meters per day.... It may be noted that in all the States, in most cases, the effluent discharge is indirect (through estuaries, creeks, canals, harbours). It may also be noteworthy that the effluents from aquaculture farms are discharged directly/indirectly into the coastal waters practically without any treatment. For disposal of solid waste, on the other hand, open dumping and land filling is a common practice." In marine pollution control utmost importance has t b given to the beaches. The beaches and other areas of special interest are to be maintained aesthetically and at permissible levels of enteric bacteria. Protection of ecologically sensitive areas and land-sea interface resource areas is equally important. The Central Board for the Prevention and Control of Water Pollution (Central Board) in its report "coastal pollution control series COPOCS/1/1982" recommended as under:- "- the mangrove forest at Pichavaram, the bird sanctuary and forest areas at Point Calimere and Coral reef at Mandapam are ecologically sensitive areas warranting special watch and preservation.
- recreational coastal portions of some sector of the stretch under investigation such as Marine and Elliot beaches at Madras, Mahabalipuram, Pondicherry beach at Pondicherry and Poompuhar at the confluence of the river Cauvery with the sea are to be maintained at appropriate quality level.
- Continuous monitoring of the coastal waters especially heavy metals and pesticides in the biota should be carried out to detect possible biomagnification of some toxic chemicals and to provide early warning." The Central Board in its report "Coastal Pollution Control Series COPOCS/S/1986-87" sought protection of the ecologically fragile areas in the following terms:- "The mangrove forest and the wildlife sanctuary in Coringa Island, the Pulicat lake and the bird sanctuary at Nelapattu are the ecologically sensitive areas warranting special attention and protection. No industrial activity which may pose a danger to the ecosystem in these areas should be permitted.
At Pulicat Lake Area, Machilipatnam, Naupada and Ichapuram, salt pan irrigation is practised. No water polluting industry should be allowed nearby.
The domestic sewage and the industrial effluents entering the Kolleru Lake through various drains be properly treated so that no pollutants enter the coastal water through Upputeru drain".
Shrimps are basically marine. Shrimp are also called Prawns. In commercial jargon, marine prawns are referred to as shrimps and freshwater ones as prawns. Prawns and shrimps are invertebrates and are decided crustaceans. Sea is their home and they grow to adulthood and breed in the sea. The progeny start their life by drifting into estuaries and such other brackishwater areas for feeding. In about 4-6 months the larvae grow into adolescence and go back to their real home of birth, the sea.
Aquaculture has been practised for many centuries by small farmers and fisher folk in Asia to improve their living conditions. However, there is a vast difference between eh traditional methods and the new commercialised system. The traditional aquaculture, including shrimp, is usually small-scale, using low inputs and relies on natural tidal action for water-exchange. In some countries, such as India, Bangladesh and Thailand, there is a tradition of rice/shrimp rotating, with rice grown part of the year and shrimp and other fish species cultured the rest of the year.
Chemicals, antibiotics and processed feeds are not used in the traditional method. In this low-yield, natural method, the harvest is small but sustainable over long periods. It has no adverse affect on the environment and ecology. The modern method, on the other hand, is larger is scale and intensive or semi-intensive in nature. It is owned and operated by commercial and often foreign-owned companies which mainly export the shrimp. In intensive aquaculture, selected species are bred using a dense stocking rate. To maintain the very crowded shrimp population and attain higher production efficiency, artificial feed, chemical additives and antibiotics are used.
The Food and Agriculture Organisation (FAU) - an organ of United Nations Organisation (UNU) - published a report in April, 1995 on a Regional Study and workshop on the Environmental Assessment and Management or Aquaculture Development. Copy of the report has need placed on record by Mr. Santosh Hedge, learned counsel for the State of Karnataka. India was one of the 16 countries participated in the workshop. Dr. K. Alagarswami, Director, Central institute of Brackishwater Aquaculture, Madras presented a paper titled "the current status of aquaculture in India, the present phase of development and future growth potential". (hereinafter called Alagarswami report). It has been published as an Annexure to the workshop-report published by the FAO. Para 5.1.2 of Alagarswami report gives various types of technologies adopted by the aquaculture industry in India. It would be useful to reproduce the same hereunder:- "5.1.2 Types of technology - changes in technology with time Traditional: Practised in West Bengal, Kerala, Karnataka and Goa, also adopted in some areas of Orissa. Coastal low-living areas with tidal effects along estuaries, creeks and canals; impoundments of vast areas ranging from 2-200 ha in size. Characteristics; fully tidally-fed; salinity variations according to monsoon regime; seed resource of mixed species from the adjoining creeks and canals by auto-stocking; dependent on natural food; water intake and draining managed through sluice gates depending on local tidal effect; no feeding; periodic harvesting during full and new moon periods;
collection at sluice gates by traps and by bag nets; seasonal fields alternating paddy (monsoon) crop with shrimp/fish crop (inter monsoon); fields called locally as bheries, pokkali fields and Khazan lands.
Improved traditional: System as above but with stock entry control; supplementary stocking with desired species of shrimp seed (P. monodon or P. indicus); practised in ponos of smaller area 2-5 ha.
Extensive : New pond systems; 1-2 ha ponds; tidally fed; no water exchange, stocking with seed; local feeds such as claims, snails and pond-side prepared feed with fishmeal, sova, oilcake, cereal flour etc.; wet dough ball form;
stocking density around 20,000/ha.
Modified Extensive System as above;
pond preparation with tilling, liming and fertilisation; some water exchange with pumpsets;
pellet feeds indigenous or imported; stocking density around 50,000/ha.
Semi-intensive New pond system;
ponds 0.25 to 1.0 has in size;
elevated ground with supply and drainage canals; pond preparation methods carefully followed; regular and periodic water exchange as required; pond aerators (paddle wheel) at 8 per ha; generally imported feed with FCR better than 1:1.5 or high energy indigenous feeds; application of drugs and chemicals when need arises; regular monitoring and management stocking density 15-25/m2.
Intensive Ponds 0.25-0.50 ha in size; management practices as above; 4 aerators in each pond;
salinity manipulation as possible;
central drainage system to remove accumulated sludge; imported feed;
drugs and chemicals used as prophylactic measures; control and management; stocking density 20-35/m2 Changes in technology: As already indicated. The initial concept and practice was to develop tide-red systems, this slowly gave way to a pump-fed systems. Presently, the emphasis is on seawater based farming systems for P. monodon with a water intake system extending far into the sea with submerged pipelines, pier system and gravity flow. From sandy clay soils, the present coastal farms are located in sandy soils also with seepage control provisions." Alagarswami report further states as under:- "The Ministry of Environment and Forests, Government of India issued a Notification S.U. No.114 (E) in 1991, under "The Environment (Protection) Act, 1986" declaring coastal stretches as Coastal Regulation Zones (CRZ) and regulating activities in the CRZ.
This Notification ha simplications for coastal aquaculture, particularly those activities within 500 m from the High Tide Line.... No regulations to control the use of chemicals and drugs exist. Pollution Control Board general regulations on effluent discharges include hazardous substances, but they are not specific to aquaculture. In some regions, there is indiscriminate use of chemicals and pesticides, particularly in shrimp farms....
Under the Notification of Union Ministry of Environment and Forests, each maritime State is expected to have its own coastal zone management plan, which would consider aquaculture zonation requirements, along with shoreline development. The zone up to 500 metres from the waterline along the sea is restricted against any construction activity." Alagarswami report high lights various environmental and social problems created by the Coastal Acquaculture. The relevant part of the report is as under:- "Physical factors Shrimp farming along the coastal area of the whole country is developing at a rapid rate. Huge cylone protection dykes and peripheral dykes are constructed by the shrimp farmers. In many cases as in Kandleru creek (Andhra Pradesh), the farm areas are the natural drainage areas for floods.
Due to physical obstruction caused by the dykes, the natural drain is blocked and flood water acumulates in the hinterland villages.
Protests are being made by people in some of the villages against such dykes. The ponds are constructed right on the bank of the creeks without leaving any area for draining of flood water.
Right of passage of coastal fishermen The shrimp farms do not provide access to the beach for traditional fishermen who have to reach the sea from their villages. As farms are located and entry is restricted, the fishermen have to take a longer route to the sea for their operations. This is being objected to by traditional fishermen.
Drinking water problems The Corporate sector has purchased vast areas adjoining the villages which, in some cases, include drinking water public wells of the villages. The villagers cannot use these wells anymore as they are located in private land owned by the farmers. This is causing social problems.
Salinisation It is reported that salinisation of land is spreading further landwards and the wells yield only saline water. In Tamil Nadu and Andhra Pradesh protests have been voiced against salinisation. Some of the socially conscious shrimp farm operators are providing drinking water to the affected villages by laying a pipeline from their own freshwater source wherever available. Apart from wells. The agricultural farms adjoining the shrimp farms are reported to be affected. However, there is increasing conversion of paddv fields as in the Bhimavaram area of Andhra Pradesh and even on the fringes of Chilka Lake into shrimp farms.
Mangrove areas The status report on mangroves of India published by the Ministry of Environment and Forests (GO1, 198/) is shown in Table 5. In the earlier years, vast areas of mangrove were destroyed for agriculture, aquaculture and other uses. In the more recent years, the mangroves have been protected by law.
However, the satellite imagery pictures show destruction of mangroves in Krishna and Guntur Districts of Andhra Pradesh for construction of shrimp farms.
Gujarat State is planning major shrimp culture programmes in the Narmada region adjoining Gulf at Cambay. Protection of mangroves should receive attention.
Alagaraswami report further indicates that the demand for shrimp seed is growing with the expansion of shrimp culture and hatchery production is unable to meet it.
Exploitation of natural seed resources is growing unabated, particularly in West Bengal, Orissa and Andhra Pradesh.
Large quantity of fry by-catch are discarded by the fry collectors because their value is insignificant. The report states "elimination of fry in the fry by-catch is not only detrimental to the predators thriving on them, but it also creates an ecological imbalance".
Agitations by the environmentally conscious people of the coastal-areas against polluting acquaculture technologies has been noticed by Alagaswamy report as under:- People's awareness People in general have become aware of the environmental issues related to aquaculture. A current case in point is the agitation against a large commercial farm coming up in Chilka Lake (Orissa). People have demanded an EIA of the project.
People in Nellore District in Andhra Pradesh have raised environmental issues and called for adoption or environmentally- friendly technologies and rejection of "imported" technologies from regions which have suffered environmental damage. Protests have been voiced by the local people in Tuticorin area in Tamil Nadu. Both print and visual media take up environmental issues with a great deal of zeal. This appears to augur well for regulating coastal shrimp farming with eco-friendliness".
The intensive-farming technique and the pollutants generated by such farming have been noticed by Alagaswamy in the following words:- "In intensive farming, stocking densities are on the increase. In one instance, P. Indicus was stocked at 70 post larvae/m2, almost reaching the levels of Taiwan before the disease outbreak in 1988. This necessitates heavy inputs of high energy feeds, the use of drugs and chemicals and good water exchange. The organic load and accumulation of metabolites in the water drained into the sea should be very high as could be seen from the dark-brown colour and consistency of the drain water." The Alagaswamy report further states that paddy fields are being converted to shrimp farms, as in some parts of Andhra Pradesh (e.g. Bhimavarami, Some paddv lands along the fringe of Chilka Lake have been last to shrimp farming.
The report suggests future management strategies - quoted hereunder - for farms and Government in resolving any conflicts or environmental problems:- "As shrimpfarming is developing fast, the following strategies have been developed for avoiding problems which have arisen in other countries (or reducing their impact):
1. India needs to boost production of shrimp through aquaculture with environment and development as a unified motto.
2. Since the area available is vast, this can be achieved by application of environmentally - friendly technologies for optimal production rates against maximum production rates.
3. Sustainable development or shrimp aquaculture should be guided by the principles of social equity, nutritional security, environmental protection and economic development with a holistic approach to achieve long-term benefits.
4. New definitions and parameters of extensive, semi-intensive and intensive culture systems as suited to Indian conditions and Government policies rather than copying models of other countries (particularly those which have rushed and suffered) and the development or guidelines thereof.
5. Diversification of species among shrimps and to integrate fish wherever possible to suit the different agro-climatic and aquatic zones of the country.
6. Careful development of Coastal Zone Management Plans under CRZ to meet the requirements of coastal aquaculture development plans with some flexibility (as required) for specific areas.
7. Indentification of aquaculture zones or careful consideration and provision of buffer zones against possible impact on other land uses: also intermediate buffer zones within aquaculture zones.
8. Consideration of the living, social and vocational needs of local people in villages/towns in aquaculture plans in order to avoid conflicts.
9. Development of sets or regulations on use/ban of drugs and chemicals, including antibiotics, in hatcheries and farms; on abstraction of groundwater and salinisation problems.
10. Development of standards for effluent discharge as applicable to local conditions.
11. Development of viable technologies for secondary aquaculture to gainfully utilise nutrient enriched farm effluents and encourage farmers to adopt such technologies with the necessary support.
12. In view of the fact that coastal farms are located generally in remote areas and cannot be monitored by external agencies on a reasonably effective basis, farmers/group of farmers should equip themselves with facilities to monitor possible important parameters at periodic intervals and maintain such records for their own benefits and for production to inspecting agencies.
13. Brackishwater Fish Farmer Development Agencies to be strengthened in all respects, including environmental management and disease diagnosis, prevention and control, through appropriate training and setting up district level laboratories for essential analytical and diagnostic work.
14. Manpower development at managerial and technical level.
15. Research-extension-farmer group meet for appropriate technologies and feedback.
16. Effective monitoring and enforcement of regulations, use of nets and fishing in any specified water for a period not exceeding two years. Thus, legal provisions were made on fisheries matters in India nearly a century ago" Alagarswami's report identifies salinisation or land salinisation of drinking water wells, obstruction of natural drainage of flood water, passage of access to sea by fishermen and public, self-pollution or ponds, pollution of source water, destruction or mangroves land subsidence and pressure on wild seen resources and consequences thereof as environmental issues in shrimp culture. Para 6.2 of the report lists the following preventive measures:-
"6.2 PREVENTION
(i) Aquaculture units causing harmful changes to the environment; and
(ii) Non-aqua culturists from modifying the environment to the detriment of aquaculture production units.
1. Enforcement of legal provisions under the relevant Acts of the Government.
2. CRZ regulations to consider specific needs of aquaculture as an expanding production activity and the Coastal Zone Management Plans of the States/Union Territories to carefully plan taking into consideration present situation and future needs.
3. Early development of regulations on permissible levels of most significant parameters of water quality keeping in view the limited intervention of aquaculture for promoting growth of stock in the medium.
4. Environment Impact Assessment (EIA) and Environmental Monitoring Plan (EMP) to be insisted upon for larger units and self assessment/monitoring for smaller units, subject to verification at inspection.
5. Zonations and appropriate siting of farms; not to proliferate indiscriminately but to develop in a planned manner for sustaining production (Alagarswami, 1991).
6. More hatcheries to be encouraged and supported to meet seed demands to reduce pressure on wild seed resources.
7. Feed mills to maintain quality of feeds and to ensure water stability as required; self/external inspection mechanism to be introduced to maintain specific standards.
8. Mangrove forests not to be touched for aquaculture purposes." The FAO report - based on Alagaswami report states the impact of aquaculture on the environment, in India, as under:- "The impact of aquaculture on the environment are as follows;
By shrimp culture: Loss of agricultural land and mangroves, obstruction of natural drains, salinisation, destruction of natural seed resources, use of drugs and chemicals, and extraction of groundwater. Social conflicts have arisen." Alagarswami report - quoted by us extensively - is an authentic document relating to the functioning of shrimp culture industry in India. It has rightly been suggested in the report that sustainable development should be the guiding principle for the shrimp aquaculture. The industry must develop under the unified motto of Environment and Development. Environmentally-friendly technologies are to be adopted with a view to achieve optimal production. The report calls for a ban on the use of drugs, chemicals and antibiotics in the shrimp culture farms. The report clearly indicates that except the traditional and improved traditional, the other methods or strimp aquaculture are polluting and as such may have an adverse impact on the environment.
Mr. M.C. Mehta, learned counsel for the peititoner, has taken us through the NEERI reports and other voluminous material on the record. He has vehemently contended that the modern - other than traditional - techniques of shrimp farming are highly polluting and are detrimental to the coastal environment and marine ecology. According to him only the traditional and improved traditional systems of shrimp farming which are environmentally friendly should be permitted. Mr. Mehta has take us through the Notification dated February 19, 1991 issued by the Government of India under Section 3 of the Environment (Protection) Act, 1986 (the Act) (URZ Notification) and has vehemently contended that setting up of shrimp farms on the coastal stretches of seas. Days, estuaries, creeks, rivers and backwaters upto 500 meters from the High Tide Line (HTL) and the line between the Low Tide Line (LTL) and the HTL is totally prohibited under Para 2 of the said notification. The relevant part of the notification is as under:
"2. Prohibited Activities:
The following activities are declared as prohibited within the Coastal Regulations Zone, namely:
(i) Setting up of new Industries and expansion of existing industries, except those directly related to water front or directly needing fore-shore facilities.
(ii) Manufacture or handling or storage or disposal of hazardous substances as specified in the Notifications of the Government of India in the Ministry of Environment Y Forests No.s. 0.59.1 (E) dated 28th July, 1989, S.O. 966(E) dated 27th November, 1989 and GSR 103/(E) dated 5th December, 1989:
(iii) Setting up and expansion or fish processing units including warehousing (excluding hatchery and natural fish drying in permitted areas):
(v) Discharge of untreated wastes and effluent from industries, cities settlements. Schemes shall be implemented by the concerned authorities phasing out the existing practices, if and within a reasonable time period not exceeding three years from the date of this notification.
(viii) land reclamation, punding or disturbing natural course or sea water with similar obstructions, except those required for control of coastal erosion and maintenance clearing of waterways, channels an for prevention of sandbars and all except for tidal regulators. Storm water drains and structures for prevention of salinity ingrease and for sweet water recharge.
(x) harvesting or drawal of ground water and construction of mechanisms therefore with 200 m of HTL; in the 200 m to 500 m Zone it shall be permitted only when do manually through ordinary wells for draining, horticulture, agriculture and fishering." According to Mr. Mehta the shrimp culture industry is neither "directly related to water iron" nor "directly needing fore-shore facility" and as such is a prohibited activity under Para 2(1) of the CRZ Notification. Mr. Kapil Sibal on the other hand has argued that a shrimp farm is an industry which is directly related to water front and cannot exist without fore-shore facilities. Relying upon Oxford English Dictionary Mr. Sibal contended that "water front" means land abetting on the sea, that part of a town which fronts on a body of water. According to him "Foreshore" in terms of the said dictionary means the part of the shore that lies between the High Tide and the Low Tide. According to Webster Comprehensive Dictionary. International Edition the expression `foreshore' means "that part of a shore uncovered at low tide".
It is, thus, clear that the part of the shore which remains covered with water at the High Tide and gets uncovered and become visible at the Low Tide is called "foreshore". It is not possible to set no a shrimp culture farm in the said area because it would completely sub-merge in water at the High Tide. It is, therefore, obvious that foreshore facilities are neither directly nor indirectly needed in the setting up of a shrimp farm. So far as "water front" is concerned it is no doubt correct that shrimp farm may have some relation to the water front in the sense that the farm is dependent on brackish water which can be drawn from the sea. But on a close scrutiny, we are of the view that shrimp culture farming has no relation or connection with the `water front' though it has relation with brakish water which is available from various water-bodies including sea. What is required is the "brakish water" and not the `water front'. The material on record shows that the shrimp ponds constructed by the farms draw water from the sea by pipes, etc. It is not the `water front' which is needed by the industry, what is required is the brakishwater which can be drawn from any source including sea and carried to any distance by pipes etc. The purpose of CRZ notification is to protect the ecological fragile coastal areas and to safe guard the aesthetic qualities and uses of the sea coast. The setting up of modern shrimp aquaculture farms right on the sea coast and construction of ponds an other infrastructure thereon is per se hazardous and is bound to degrade the marine ecology, coastal environment and the aesthetic uses of the sea coast. We have, therefore, no hesitation in holding that the shrimp culture industry is neither "directly related to water front" nor "directly needing foreshore facilities". The setting up of shrimp culture farms within the prohibited areas under the CRZ notification cannot be permitted.
Para 2(viii) of the CRZ Notification quoted above, prohibits the bunding or disturbing the natural course of sea water with similar obstructions. A band is an embankment or dyke. Alagarswami report in para 4.3.2 (quoted above) has specifically mentioned that huge cyclone protection dykes and peripheral dykes are constructed by the shrimp farmers.
The report further states that due to physical obstruction caused by the dykes the natural drain is blocked and Flood Water accumulated in the hinterland villages. The report notices that the shrimp ponds are constructed right on the bank of the creeks without leaving any area to draining of flood waters. A shrimp farm on the coastal area; by itself operates as a dyke or a band as it leaves no area for draining of the flood waters. The construction of the shrimp farms, therefore, violate clause (viii) of para 2 of the CRZ Notification, in view of the findings by the Alagarswami report it may be useful to hold an inquiry/investigation to find out the extent of loss occurred, if any to the villages during the recent cyclone in the State of Andhra Pradesh because of the dykes constructed by the shrimp farmers.
Annexure-1 to the CRZ Notification contains regulations regarding Coastal Area Classification and Development. The coastal stretches within 500 m of HTL of the landward side are classified into four categories, namely, CRZ-I, CRZ-II, CRZ-III and CRZ-IV. Para 6(2) of the CRZ Notification lays down the norms for the development ht or construction activities in different categories of CRZ areas. In CRZ-III Zone agriculture, horticulture, gardens, pastures, parks, playfields, forestry, and salt manufacture from sea level may be permitted upto 200 m from the high vide line. The aquaculture or shrimp farming has not been included as a permissible use and as such is prohibited even in this zone.
A relevant point arises at this stage. Salt manufacturing process like the shrimp culture industry depends on sea water. Salt manufacturers can also raise the argument that since they are wholly dependent on sea-water theirs is an industry "directly related to water front" or "directly needing fore-shore facilities". The argument stands negatived by inclusion of the salt manufacturing industry in CRZ-III Zone under para b(2) or the CRZ notification otherwise it was not necessary in include the industry therein because it could be set-up any were in the coastal regulation zone in terms of para 2(1) of the CRZ Notification. It is thus obvious that an industry dependent on sea water cannot by itself is an industry "directly related to water front" or "directly needing fore-shore facilities". The shrimp culture industry, therefore, cannot be permitted to be set up any where in the coastal regulation Zone under the CRZ notification.
We may examine the issue from another angle. Sea coast and beaches are a gift of the nature to the mankind. The aesthetic qualities and recreational utility of the said area has to be maintained. Any activity which has the affect or degrading the environment cannot be permitted. Apart from that the right of the fisherman and farmers living in the coastal areas to eke their living by way of fishing and farming cannot be denied to them. Alagarswami report states that "the shrimp farms do not provide excess to the beach for traditional fishermen who have to reach the sea from their villages. As farms are located and entry is restricted the fishermen have to take a longer route to the sea for their operation. This is being objected by traditional fishermen".
The Alagarswami report further highlights drinking water problem, salinisation and destruction of mangrove by the shrimp culture industry. The relevant paragraphs have already been quoted above. The increase of stocking densities, heavy inputs of high energy feeds, use or drugs and chemicals result in the discharge or highly pulluted effluent into the sea, creeks etc. and on the sea coast by the shrimp farms. It is, therefore, not possible to agree with Mr. Sibal that commercial shrimp farming has no adverse affect on environment and coastal ecology.
We may at this stage refer to the two investigation reports dated April 23, 1995 and July 10, 1995 by NEERI regarding the Ecological Fragile coastal areas of India.
The report dated April 23, 1995 states that a 13 member team of scientists, lead by Dr. A.S. Ball and Dr. S.K. Kaul inspected the shrimp farms situated on the ecological fragile coastal areas in the States of Andhra Pradesh and Tamil Nadu between April 10 and April 19, 1995. It is further stated that the coastal areas in the Union Territory of Pondicherry were also inspected by the team. Regarding the CRZ Notification, the report states as under:- The MEF's notification dated February 19, 1995 stipulates that the aquaculture farms on the coastal areas should not be constructed within 500 m from the high tide line (HTL) of the seas.
The hatcheries however, may be constructed between 250 and 500 m from HTL of the sea.
The inspection team observed during field investigations that the MEF's norms for location of aquaculture and hatcheries have been violated in the States of Andhra Pradesh, Tamil Nadu, and the union territory of Pondicherry........ There is an urgent need to ensure scrupulous implementation of the provisions made in the MEF's notification dated February 19, 1991 in the States and Union Territory inspected by the team. In addition, the damage caused to the land and water ecosystems by coastal aquaculture activity, as detailed in the report, must be restored to its original ecological State. The cost for eco-restoration of the coastal fragile area must be borne by individual entrepreneurs of the coastal aquaculture farms in keeping with the Polluter-Pays principle........ Further, no activity of commercial coastal aquaculture should be undertaken even beyond 500 m HTL unless a comprehensive and scientific Environmental Impact Assessment (EIA) Study has been conducted by the entrepreneur, and the Environmental Management Plan approved by the respective State Department of Environment, Pollution Control Board, Shore Development Authority, and also by the Ministry of Environment and Forests. Appropriate terms of reference for EIA have been incorporated in the report." Regarding the socio-economic assessment of acquaculture in the area, the report gives the in following finding:- "A socio-economic assessment of aquaculture in the ecologically fragile coastal areas in the States of AP and TN has been conducted by the NEERI team. This assessment, detailed in the report, indicates that the cost of ecological and social damage far exceeds the benefits that accrue out of coastal aquaculture activities." The adverse impacts of acquaculture farming on the environment and the ecologically fragile in the States of Andhra Pradesh, Tamil Nadu and union territory of Pondicherry have been stated in the report as under:- "3.0 Observations on the Impacts of Aquaculture Farming on Ecologically Fragile Areas in States of AP, TN, and Union Territory of Pondicherry Coastal aquaculture units are situated within 500 m of high Tide Line of the sea. This is not in consonance with the MEF's notification dated February 19, 1991.
It is a common practice to convert agricultural land, and land under salt production, into coastal aquaculture units which infringes the fundamental rights to life and livelihood.
Conversion of agricultural farms and salt making lands into commercial aquaculture farms is rampant in the fragile coastal areas of Andhra Pradesh, Tamil Nadu and Union Territory of Pondicherry.
Brackish aquaculture units have been installed in deltaic regions which is a ecologically unsound practice.
Natural saline canals which travel from sea to the mainland are being used for brackish aquaculture farming. The flow of the natural saline canals is being obstructed due to prawn farming activity which has resulted in the spread of brackish water over agricultural farms resulting in loss or agricultural lands, and potable water.
Villages situated along the sea coast, deltaic regions, and natural saline canals are under threat due to diversion of land to aquaculture farms.
Traditional fishermen have lost their landing grounds for fish catch.
Coastal aquaculture has resulted in loss of mangrove eco-systems which provide protection against cyclones and other natural hazards, and which provide natural habitats for spawning or marine Indiscriminate destruction of mangrove areas in and around the creeks, estuaries, and sea has resulted in loss of natural breeding grounds for shrimps.
Natural Casuarine plantations have also been destroyed. This may result in increasing damage from cyclons, and intrusion of saline water into mainland.
Coastal aquaculture farms have not been scientifically designed and located, resulting in excessive ecological damages.
No proper peripheral drainage has been provided around the aquaculture farms.
The saline water intake and effluent discharge points from aquaculture farms are located in close vicinity, resulting in contamination of feed water to the aquaculture units threatening their productivity.
Three types of saline water supply systems are in vogue for the aquaculture farming, viz.
- direct pumping from the sea, creek, and estuary - direct pumping from deep sea with jetties - using high tides of sea for carrying saline water through excavated canals.
These activities for feed water supply to the aquaculture ponds have resulted in:
- loss of fish catch (except in the case of feed water supply through sea water canal system) - loss due to damage of fishing nets.
- degradation of fragile coastal land.
Large commercial aquaculture farms have installed fencing in and around the farms resulting in blockage of free access for the fisherman to the sea shore.
The wastewater discharge from the aquaculture farms released into the creeks is not properly flushed out of the creek during low tides thereby leads in the accumulation of pollutants in the creek, affecting the quality of intake water to aquaculture farm with concommittant loss in productivity, and damage to creek ecosystem.
Disappearance of the native fish species due to increase in salinity of the creek water has been observed by the team, and reported by the fishermen. Increase in salinity has also reduced the ingress of shrimp seedlings in the creek.
Indiscriminate catch of natural shrimp seedlings from the coastal waters, creeks, and estuaries has resulted in reduction of their availability, which in turn has forced the commercial aquaculture farmers to import the seeds.
Unscientific management practices adopted by the commercial aquaculture farmers, and improper design of aquaculture farms including inadequate drainage systems have resulted in skin, eye, and water borne diseases in the contiguous population.
Commercial aquaculture farm owners have not contributed to any social infrastructure facilities for the villagers.
Employment avenues of the contiguous population have considerably reduced due to the commercial aquaculture farming. The unemployed villagers are seeking employment in nearby towns and cities.
Owners of the commercial aquaculture farms are using various means to encroach upon the Government lands and also forcing the agricultural land owners/salt making villagers to sell their lands. In addition, the fishermen are also being forced to migrate to other coastal areas." Regarding the socio-economic status of the ecologically fragile coastal areas in the States of Andhra Pradesh and Tamil Nadu, the report states as under:- "During the inspection of the aquaculture units located on the Ecologically Fragile Coastal Areas of AP and TN, the inspection team collected data and information, and discussed the issues related to socio-economic status of the affected people with the farmers, fishermen, GNASH, and Government officials.
The basic socio-economic issues are presented in Table 4.1 which also lists the parametric values in the assessment of the damage caused by the aquaculture units located in the Ecologically Fragile Coastal Areas. Tables 4.2 and 4.3 present the socio-economic assessment or aquaculture in the Ecologically Fragile Coastal Area of the States of AP and TN.
Tables 4.2 and 4.3 bring forth that the damage caused to ecology and economics by the aquaculture farming is higher than the earnings from the sale of coastal aquaculture produce." The NEERI has, thus, given a positive finding that the damage caused to ecology and economics by the acquaculture farming is higher than the earnings from the sale of coastal acquaculture produce. The finding is based on the assessment keeping in view fourteen parameters listed in Tables 4.2 & 4.3 regarding the States of Andhra Pradesh and Tamil Nadu respectively. The parameters taken into consideration are equivalent wages for the farmers to be earned, equivalent amount of agricultural produce loss due to cutting to Casuarina in terms of fuel, loss in terms of grazing grounds, loss involving loss caused by cyclones due to cutting of in a forests, loss due to desertification of land, loss in terms of potable water, total loss destruction, loss in rising income, loss due to damage of fishing nets and man-days loss due to approachability to sea-coast. These losses are computed in money are are then compared with the total earnings from the sale of coastal acquaculture produce. In the basis of the assessment of socio-economic status of acquaculture in a systematic manner the NEERI has reached the conclusion that the damage caused to ecology and economics by the acquaculture farming is higher than the earnings from the sale of coastal aquaculture produce.
Paras 6.1, 6.2 and 6.3 of the report clearly show the environmental degradation caused by the shrimp culture farming by its adverse impact on surface water, contamination of soil and ground water and destruction of mangrove vegetation. The said paragraphs are reproduced hereunder:
"6.1 Impact on Surface Waters Mangrove vegetation is important in protecting marine and terrestrial ecosystem. This vegetation is also important as it removes the pollutants like carbon nitrogen, phosphate and other nutrients, as also certain toxic compounds. The importance of mangrove plants especially Vettivera zaizonoids is known is reduction the impact of pollution due to discharge of aquaculture pond effluents, and the Cavery Delta Farmers are now propogating the cultivation or this species in estuaries. Mangrove vegetation also acts as a barrier of floods, an provides spawning grounds and nesting places for fishes; it also supports avian fauna (birds) thus maintaining the nature ecosystem.
The observations on the water quality in the aquaculture ponds show that the pond water harbors a dense algal bloom compared to the water in estuaries, creeks or sea indicating eutrophic nature of pond effluent. When water in large volumes, from the ponds is discharged during flusing of ponds, in a creek or estuary, the pollutants remain stagnated in the estuary or near-sea coast due to the typical tidal activity in creeks. As a result, the raw water source to the ponds gets contaminated in course of time. The wastewater discharge from the ponds warrant proper treatment before discharge. Uncontrolled discharge of wastewater triggers a series of deleterious impacts, e.g.
- With the increase in eutrophication levels, there is a shifiting in dominance of phytoplankton Flora in pond effluent from diatoms to blue-green algae. Decomposition of dead blue- green algae may lead to the generation of toxic substances, eg. ammonia, hydrogen sulphide etc.
Further, some of the blue-greens also excrete biotoxins in large quantities which are toxic to aquatic animals, prawns in ponds or fishes in estuaries or coastal waters. Large amount of blue-green algae was recorded by the inspection team in Sirkali area (eg. S&S Industries & Enterprises Ltd; High Tide Sea farms) and Killai area (Aqua Gold Shrimp Farm;
MRVAqua Farm; Mohi Aqua Farm). The presence of Oscillatoria, Microcystis and some other filamentous blue-green algae is undesirable in the pond effluent as they chock the gills of fishes.
- The suspended solids released from the ponds are laden with unconsumed food and other organic contaminants. Accumulation of these organics in the intake water creates problems in the intake water quality when the intake and discharge points are in close proximity.
6.2 Contamination of soil and ground water The shrimp farms are constructed well above the ground levels. Seepage of pond effluent to the surrounding fields was noted by the inspection team in a number on farms. Seepage of pond effluent the soil quality in the adjoining aquacultural fields. It has also contaminated potable water in surrounding villages.
Deterioration of ground water quality in villages that over one km away from the pond sites was not noticed. This observation is based on analysis of bore well water at three sites by the inspection team.
This observation justified the locational constraints on aquaculture farms in coastal areas.
6.3 Destruction of Mangrove vegetation The inspection team noticed destruction of mangrove vegetation at most of the prawn farming sites for the development of shrimp farms.
Significant destruction of mangrove forest was observed hear the Aqua Gold shrimp farm at village Vellar in Killai taluk of South Arcot district similarly on Pichavarum estuary in village in Killai taluk of South Arcot district of TN, the shrimp farms are constructed by clearing mangrove vegetation. Mangrove vegetation in Kuchipalam village is also facing threat due to the expansion of prawn farming activity.
The final conclusions and recommendations are in para 5 of the NERI report which is as under:- "8.0 Conclusions and Recommendations on the attenuation of the Impact of Aquaculture Farming on Ecologically Fragile Ares in States of AP, TN, and Union Territory of Pondicherry.
Socio-economic assessment of aquaculture in the ecologically fragile areas in the States or AP and TN reveals that the cost of ecological and social damage far exceed the benefits that accrue out of the coastal aquaculture activities.
The MEF's norms for location of aquaculture and hatcheries have been violated in the States of AP, IN, and Union Territory or Pondicherry.
The current practice of installation of coastal aquaculture farms within 500 m HTL violates the fundamental rights and livelihood or people in the States AP and TN, and the Union Territory of Pondicherry.
The current practice of installation of coastal aquaculture farms within 500m HTL violate the fundamental rights and livelihood of people in the States AP and TN, and the Union Territory of Pondicherry.
The State of AP has adopted twenty point guidelines as ad hoc measures for management of aquaculture in the district of Nellore. These guidelines have not been made mandatory in the State of AP as a whole. Also, these guidelines do not address all socio-economic, and ecological aspects of coastal habitats.
The State Government of TN has enacted a Bill of provide for the regulation of coastal aquaculture on April 10, 1995. This Bill is not in consonance with the MEF's notification dated 19, 1991 as it allows the construction of aquaculture units within 500m of HTL of the sea.
The cost of eco-restoration of the coastal fragile area must be borne by the individual entrepreneur of the commercial aquaculture farms in keeping with the polluter-pays principle.
No commercial coastal aquaculture activity should be undertaken even beyond 500m HTL unless a comprehensive and scientific environmental impact asessment (EIA) study has been conducted by the entrepreneur, and the environment management plan (EMP) approved by the respective State Department of Environment, Pollution Control Board, shore Development Authority, and also by the Ministry of Environment and Forests.
Agricultural lands are being converted into commercial aquaculture farms, which causes unemployment to the landless labourers and also in loss of cultivable land.
Commercial aquaculture farms are being installed near the cultivated lands and the salt water from the farms damages the productivity of the adjoining lands.
Groundwater also gets contaminated due to seepage of impounded water from the aquaculture ponds.
Desertification of cultivable land is on the increase due to salinity intrusion.
Due to commercial aquaculture farms, there is a loss of - mangrove ecosystems - causarina plantations - grazing grounds for cattle - potable water to contiguous population - fish catch - fishing nets - agricultural produce - manpower loss due to non- approachability of fishermen to sea shore directly.
There is a perceptible increase in the diseases of skin and eye, and water borne diseases in the contaguous population.
The designs of the acquaculture farms are inadequate.
No provision has been made for wastewater treatment facility enabling recycling and re-use of wastewater.
Prohibition on conversion of agricultural lands and salt farms into commercial aquaculture farms must be enforced with immediate effect.
No groundwater withdrawal must be allowed for aquaculture purposes.
Free access through aquaculture unit to the sea coast must be provided to the traditional fishermen.
No aquaculture farm based on brackish water should be installed on inland brackish water bodies.
Wild seed collection from creek and sea must be prohibited.
Seed must be procured from hatcheries. If seed collection is noticed it must immediately be seized and dumped back into the creek.
A eco-restoration fund must be created by collecting the stipulated fees from the owners of acquaculture farms. In addition, one per cent of total export earnings per annum must also be collected from commercial aquaculture farm owners and used for rejuvenation of coastal eco- system with special reference to plantation of mangroves and common eco-sensitive zones. The wastewater treatment system with reuse and recycle must be installed by all units. The smaller units can form a co-operative and treat their water through common effluent treatment plant. The aquaculture units must be closed down if the wastewater treatment system is not functioning to its design efficiency.
The second NEERI report dated July 10, 1995 states that a 19 member team of scientists lead by Dr. A.S. Ball and Dr.
S.N. Kaul inspected the shrimp farms situated on the ecologically fragile coastal areas in the States of West Bengal, Orrisa, Kerala, Karnataka, Goa, Maharashtra and Gujarat during May 20 and June 10, 1995. The summary of salient comments in the report regar
