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TMI Blog1996 (12) TMI 392X X X X Extracts X X X X X X X X Extracts X X X X ..... usand 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 Notif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reunder 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, 199 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ual 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 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 pract ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... poundments 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 pu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lagarswami 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 ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial 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 consi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 thro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 som ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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&qu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 mus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 acqua culture 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 Prad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 crea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Forest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 regarding acqua-farming in the State of West Bengal is as under:- - organic pollution in creeks and estuaries with respect to BOD deterioration - microbiological of water quality - accumulation of organic carbon and heavy metals in the sediments of shrimp farms - Shannon Weaver index values less than 3 indicate organic contamination - borewell water characteristics near M/s Index Port Ltd., Sarberia, Basanti, North 24-Paraganas, show intrusion of salinity in drinking water source - conversion of land, and traditional fish farm at M/s Index Port Ltd., North 24-Paraganas - conversion of land, traditional fish farm, and mangrove plantation at M/s Sundarban Aquatics, South 24-Paraganas - violation of CRZ regulations regarding high tide line (HIL) has taken place at M/s Sundarban Aquactics, South 24-Paraganas. In addition, violation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, creeks, and estuaries Shanon Weaver index values less than 3 indicate organic contamination well water charactristics in vicinity of M/s Raja Ram Bhat Aquafarm, Hanmav, Kumta show the intrusion of salinity in drinking water source conversion of agricultural land into shrimp farms was observed at - M/s Popular Aquafarm, Tallur, Kundapur - M/s Raja Ram Bhat Aquafarm, Hanmav, Kumta - M/s Shri Arya Durga Aquafarm, Karwar destruction of mangrove vegetation by M/s Popular Aquafarm, Tallur, Kundapur was observed by the inspection team violation of CRZ regulations by aquafarms situated on the creek of Razadi river at Kundapur, Hanmav creek at Kumta, and Hgnashree creeks were noted by the inspection team." The comments of the NEERI report regarding acqua farms in the State of Goa are as under:- "* organic pollution in river, estuary and discharges from ponds * Shanon Weaver index values less than 3 indicate organic contamination * well water characteristics in vicinity of M/s Govt. Prawn farm, Choraho indicate salinity intrusion * conversion of agricultural land into shrimp farm was observed by the inspection team at M/s Sky Pak Aquafarm Ltd., Paliyam, Goa * violation of C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the vicinity of this aquaculture farm has become saline - conversion of agricultural land, and traditional fishing farm - barbed wire fencing along the periphery of the farm has resulted in restriction to free access for the farmers, fishermen and cattle to the creek - M/s Sundarban Aquatic Farms Ltd., South 24-Paraganas has created the following problems ; - conversion of agricultural land, traditional fish farming, and mangrove plantation - the aquafarm is located below ground level. Therefore, it is difficult to assess the seepages from this farm unless peizometers are installed around the aquafarm - a well designed sedimentation tank is being used as a wastewater treatment system. However, it is not adequate. Necessary arrangement have to be made for recycle and reuse of wastewater - no provision exists for treatment of sediments - the location of the aqua-farm is not as per MEF notification dated February 19, 1991, keeping in view high tike line, and minimum distance from the creek The important areas of environmental concern regarding shrimp farming in the State of orissa are World Bank Aided Projects - Narendrapur, Bhadrak District World Bank aided project comes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arms hinder the pasage of water into/out of the lagoon The bird sanctuary at Nalaban has also been affected by siltation and shrimp farming activities. 35 km of the canal mouth of the lagoon needs immediate attention, because the exchange of sea water into and from the lagoon is vital from ecological considerations. In additions deposited silt has to be removed, Shrimp farms must be closed down immediately to restore the Chilka lagoon, to its original ecological condition by application of scientific management practices * Subarnarekha Mouth A large number of shrimp farms have come up on both sides of the lower reaches of the Subarnarekha river to utilise the tidal brackish water as observed by the inspection team. It was reported to the inspection team by local people that this has resulted in water logging in upper reaches of Subarnarekha river * The inspection team observed that the shrimp farming is at least three times more than what has been presented by the State Govt. of Orissa * All the shrimp farms do not observe the MEF notification dated February 19, 1991. The creek/estuarine water based shrimp farms are also not observing the CRZ guidelines of MEF Agricultural land is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fically in the States of Karnataka, Maharashtra, and Gujarat are situated within 500 m of high tide line of the sea, which is not in consonance with MEF's notification dated February 19,1991 * Incidence of conversion of agricultural land into coastal aquaculture units, which infringes the fundamental right to lite and livelihood, could be noticed in States of Karnataka (Kumta taluk), Maharashtra (Ratnagiri district, and Palghar taluk) and in Gujarat (Valsad district) * In States situated on the west coast of India brackish water aquaculture units have been mainly installed along the estuaries and river banks, where impounded backwater is being used for shrimp farming. Such practices of extensive type of farming may not have significant adverse impact on environment due to the fact that limited quantities of brackish water are required for recharging these ponds, and the wasterwater generation is negligible. However, this practice of utilisation of backwaters will prove to be unsound if carried out for large scale farms using semi-intensive type of farming * Villages situated along the sea coast, and backwater zones, specifically at Gunda, Kumta and Karwar (Karnataka), Palghar a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter from the ponds was observed to be discharged into the receiving bodies without treatment * The brackish water intake and effluent discharge ponds for the ponds are located in close vicinity resulting in contamination of feed water of the aquaculture units. The situation is predominant at Kumta (Karnataka), Palghar (Maharashtra), and Valsad (Gujarat) where a large number of medium and large aquafarms have been installed * Since large number of medium and big farms have been installed on the coastal areas at places mentioned above, the wastewater discharged into creeks and back water zones is not properly flushed out during low tide, thereby, affecting the intakes water quality of aquaculture farms. * The situation in the State of Goa has not reached such an alarming situation as yet due to limited number of farms, and abundant quantities of backwater available in the riverine zones of Zuari and Mandavi rivers. However, future expansion of the shrimp farming practices warrant careful control, in view of tourism potential of the State * Shrimp farming activity in the State of Gujarat is presently confined to the coastal areas of Valsad, Bharuch, and Surat. Two large commercial sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e respective State Department of Environment, Pollution Control Board, and also by the MEF * Agricultural lands are being converted into commercial aquaculture, which causes unemployment to the landless labourers and also in loss of cultivable land * Groundwater also gets contaminated due to seepage of impounded water from aquaculture farms Due to commercial aquaculture farms, there is a loss of - mangrove ecosystem - grazing grounds for cattle - potable water to contiguous population - fish catch - agricultural produce - economic loss due to non- approachability of fishermen to creek, estuary and sea directly * the designs of the aquaculture farms are inadequate. No provision has been made for wastewater treatment facility enabling recycling and re-use of wastewater in shrimp farms and hatcheries to minimise water exchange. In addition, there is a necessity to treat deposited sediments from the shrimp farms. Sediments can be converted into manure for land application after proper treatment * Prohibition on conversion of agricultural land must be enforced with immediate effect * Wild seed collection from creek, estuary, and sea must be prohibited. Seed must be procurred from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngrove plantation have taken place. In addition, this farm falls within 500 m from HTL., Further, CRZ regulations for location of aquaculture farm near the creek have also been violated - M/s Index Port Ltd.; Conversion of agricultural land & traditional fish farm have taken place. Groundwater has become saline around the farm. Shrimp farms are not well designed resulting in seepage. Barbed wire fencing has restricted free access to farmers, fishermen and cattle to the creek. In addition. CRZ regulations for location of aquaculture farm near the creek have also been violated No treatment facilities have been provided by both the farms It is necessary to review the World Bank aided projects and commercial shrimp farms in and around Chilka Lagoon, keeping in view the MEF norms dated February 19, 1991 in the State of Orissa, viz. - Narendrapur project must be abandoned as it is within the National park. Also the existing commercial farms in operation must be closed down - Bideipur project requires EIA studies. Several farms have come up on the other side of the saline dyke which must also be included for evaluation in the EIA studies - Jagatjaore-Sanaspada project is within 500 m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oast. Salt water from the farms results in damage to the productivity of the adjoining lands * Groundwater also gets contaminated due to seepage of impunded water from the aquaculture ponds * Desertification of cultivable land can result in increased saline intrusion on west coast Due to commercial aquaculture farms, there is a loss of - mangrove ecosystems - casurina plantations - grazing grounds for cattle - potable water to contiguous population - fish catch - fishing nets - agricultural produce - economic loss due to non- approachability of fishermen to sea shore directly * The designs of the aquaculture 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 * Wild seed collection from creek and sea must be prohibited. Seed must be procured from hatcheries * An eco-restoration fund must be created by collecting the stipulated fees from the owners of aquaculture farms. In addition, one percent of total export earnings per annum must also be collected from comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he same. The Suresh Committee visited various villages in Tamil Nadu and Pondicherry and gave its findings based on the evidence collected by the Committee. Some of the findings of Suresh Committee are as under:- "The farmers of Perunthottam told us that they have sold nearly 140 acres of their own lands to the Bask company and 40 acres to the Bismi company. Evidence was also given to us showing in the lands purchased by Bask Farms, where three or two crops were being cultivated. It also revealed that the percentage of yield was as much as Details regarding this are found in Annexure 15. The Bismi company has erected a pipe line till the boundary of the farm for draining sea water. It is yet to be connected to the sea. The Bask company is situated at a distance of 150 m from the scheduled caste households. Bask Aqua Farm is situated within 500 m from the sea and the distance of Bismi Aqua farms is just 25 m from the sea. During our visit, we found Bask farms engaged in construction of Prawn farms on agricultural lands that had been purchased (Photo No. 23 & 24) ......... representative of Perunthottam village also shared before the Expert team that the yield obtained from th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el used by villages for bathing. Effluent is also being discharged close to the dwelling houses. In particular, "effluent is being collected right in front of my house" said Kalvikarasi a resident of Pudupettai village who made a representation to the Expert team on July 13th. She said that "Drinking water in the village is now turning salty". ................the advantages of shore seine net fishing is the abundant catch of "Anchovy" fish which has commercially viable market. The construction of permanent jetties has eliminated the `shore seine net fishing. Shore seine net fishing needs uninterrupted coastline and it has become an impossibility in Pudupettai. About 10 shore seine nets are idle in the village. The construction of pipe to discharge effluent is a permanent one. By construction of the permanent jetties, the natural sand dues in the village were destroyed. These sand dunes are a natural cyclone barriers. Hence a threat of cyclone barriers. Hence a threat of cyclone is imminent since these natural cyclone barriers are destroyed. The construction of pipelines ending in the sea for pumping in sea water has damaged nearly 10 nets worth ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... destroy the water table. Further, prawn farms destroys sand dunes and vegetations and in times of tidal waves sea water could enter in a big way. Further, Dr. Sanjeeva Raj said that Pulicat lake is fairly shallow with an average depth of about 1.5 m. It can be described as a saucer. The pumping of water by aquafarms up of the lake. Added to this the road, from Sulurpet that has been constructed for reaching the Shriharikotta rocket launching site through the lake has obstructed free flow of water. It is generally claimed by the prawn farm owners that the land on the eastern of the road is not the part of Pulicat lake and hence prawn farms can be constructed. This is false as all this land area is part of the Pulicat lake. The tragedy is that if prawn farms are erected on the higher side of the lake, the effluent from the prawn farms will flow back into the lake causing serious damage to marine and estuarine biota..........Pasiapuram Rajiv Gandhi Nagar has a dalit hamlet Edamani. This hamlet had a water tank which provided water to the nearby 35 villages. The source of water was the villages. The source of water was the village ground water. But due to the impact of the adjoining fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se ground water for Shrimp culture. This continuous withdrawal of fresh water will alter surface water resources. So, there is no Possibility for the recharging mechanisms as the wet lands near these river basnis are converted to aquafarms and these wet lands have lost their function of absorbing rain water and recharging the aquifer zones." The conclusions reached by the Suresh Committee under various headings indicating the impact of shrimp culture farming on environment are reproduced hereunder; "(a) Effluent Pollution As Shrimp Culture using high protein feeds is a highly polluting activity. Presently 78,000 tonnes feed is used in India in Shrimp Culture. This is bio-degradable, if properly treated. It leaves behind responded solids (organic) and the decomposition liberates inorganic N and P.77.5% of N and 86% of P from the feed are worked and enter the pond environment. 1 ton or P.monodon production results in a pollution load of 56.3-48.1 Kg N and 13.0-24.4 Kg P. (Phillips et at 1993. ICLARM. Conf. Proc 31 1/1 198). Excess amounts of P and N are detrimental to environment ( 1994 SACMONID XVII (4); 10-14). These lead to "hyper eutrophication" resulting i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the pond for a long period seeps into neighbouring areas where agriculture is practiced and salinizes the soils which therefore lose their productivity for crops and become unfit for agriculture. Even assuring that the 500 m zonation is enforced it will not solve the problem of salination. Agriculture lands, inwards (towards inland) of shrimp ponds will become saline and the chain reaction will continue. ............ Many shrimp industries assert that they are taking only sea water for shrimp culture and do not use ground water. Sea water has a salinity around 35 ppt. It is mostly Penaeus monodon the tiger shrimp. This needs a salinity in the range of 15-20 ppt for optimum growth. 30 the shrimp producer have necessarily to dilute it to bring down the salinity by adding fresh water. Let along ground water, we have even seen river water being pumped near Poompuhar into to shrimp ponds. .............. Salinization is not only possible but has actually happened all over the world. The Bhagwathi Institute of Environment and Development, analysed numerous samples of water adjacent to shrimp farms in Sirkali Taluk, TN, and found that in most of them Chlorides exceeded the permitted li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... detritus leads to profusion of protozoa, and ciliates, which cover the body of Pisa, Respiratory diseases, loss of appetite, black gill disease, shell disease, foul smell of internal parts, tail rot etc are caused on such unhealthy pond conditions. The quality of effluents discharged into the environment are so poor that biological methods will not be sufficient to treat them. Most of the environmental troubles are caused by the industrial shrimp. The coastal zone used for culturing aquatic organisms is only a narrow strip on the continental shell and on the low lying flatlands. Hence the very fragile nature of the coatal ecosystem is getting destroyed. (d) Fertilizers and therapeutants Large quantities of feeds are being used and fertilizer applications are generally minimal. Lime is regularly used but continued use of lime impoverished the soil. It also hardens the soil. However, it is the use of therapeutants that is highly destructive of the environment. A very incisive account of the use of drugs in aquaculture is available from P. de. Kinklein and C. Michael (INFOFISL International 4/92; 45-46 1992) and an exhaustive report is provided by Fred P. Meyer, an authority on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ill fated Cauvery). Also in the lower reaches in Nagai district, Tamilnadu, low land drains regulator has been used for their effluent release (Photo No.49) showing the block and the P.W.D. feeder canals are either blocked by the farm owners or using as drainage for effluent release by Amalgam Marine Harvests Ltd at Pudhukkuppam (Photo No.50) from the farms. These canals and drains once used as a freshwater resource for bathing and rechargers for the wells for the fisher folk in several villages now become saline because of the cessation of flow (example : Pudukuppam village of Sirkali faluk district; Pudupettal village Tharangampadi faluk. ............Seed collection of Peneaus monodon (tiger prawn) by children is a regular practice in these canals now. During their collection of seeds the children picked only the tiger prawn seeds and threw away all other shrimp and fish seeds, thus depleting the estuarine and coastal fishery resources. One child get paise 0.10 for the tiger prawn seed and one earns about Rupees one hundred (Rs.100 per day and 40-50 children are engaged in seed collection). This involves child labour and depletion of fishery resources and the loss of biodiver ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the recent shortage of Cauvery water (dispute between T.N. and Karnataka) the yield of crops has been affected. Taking advantage of this, Shrimp industries have been buying up agricultural land through inducement,, persuasion and high pressure on revenue authorities. Salinization of soil and water adjoining the shrimp farms is very well documented for Perunthottam village. As per the cultivation record for land purchased by Bask farms we see clearly that the ands purchased were fertile agricultural lands with an average of two crops having a 60% harvest yield. (i) Denial of potable water "Nagai, Q.M. districts of Tamilnadu, the erstwhile granary of South" is today threatened with pollution, ecological imbalance and land alienation because of the arrival of large number of private companies and translational corporations that have been investing heavily in shrimp farms etc" (Mukul Sharma: Interpress service November 11 1994). Drinking water in the vicinity of shrimp farms has become saline, wherever such farms were operated. Shrimp culture may increase salinity through facilitating the flow of saline water inland and discharge of saline effluent (Phillips, Kwel lin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... few years from an average 100 kg/ha per harvest to an average of 1000 kg/ha/crop for semi-intensive shrimp farms and to between 2000 and 10000 kg/ha/crop for intensive type of production. The social and environmental costs of the expanding shrimp industry are closely inter-related. Pollution and other types of natural resource degradation induced by shrimp farming have been considerably, highlighted in the NEERI reports and other material quoted and discussed by us. Social and environmental changes resulting from expanding shrimp industry in coastal areas are largely due to the conversion into shrimp farms of the lands, waters and forests which were earlier dedicated to other uses. In fact, shrimp farms are developing at the expense of other agriculture, acquaculture, forest uses and fisheries that are better suited in many places for meeting local food and employment requirements. Intensive and semi- intensive types of shrimp production hardly seem to meet these requirements. Mangrove forests constitute an important component of coastal eco-systems. They thrive in tidle estuaries, salt marshes and muddy coast lines. Conversion of mangrove to shrimp farms significantly reduces th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olk of the village of Kurru due to aquaculture farms salinizing groundwater. She adds that "after protest from the local women, drinking water was supplied in tankers" (Mukul, 1994).........Local stocks of native fish and crustaceans are being depleted in many places because of the removal of mangroves which served as nurserybeds, and also as a result of indiscriminate overfishing of wild shrimp fry (over 90 per cent of randomly caught fry are often wasted [Gujja, 1994]). Natural fisheries are also frequently damaged by pollution caused by overloads of nutrients, sediments and chemicals from shrimp farms. In another Indian coastal village, Ramachandrapuram, fishermen reported that the value of their average catch of shrimp used to be ₹ 50,000 per catamaran per month, but after one year of operation of nearby aquafarms their catch was ten times smaller (Mukul, 1994). In the Chokoria part of the Sundarbans' of Bangladesh, fishermen report an 80 per cent drop in fish capture since the destruction of the mangroves and building of dikes for shrimp farming (Sultna, 1994). Frequently, fisherfolk protest because their traditional access to the coast has been restricted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al fauna and flora. .............Biodiversity losses: The impacts of semi- intensive and intensive shrimp aquaculture on biodiversity ("the totality of genes, species and ecosystems in a region") are multiple. This is because of the land area they cover; the water they pollute; the water circulation systems they alter; the wild fish and crustacean habitats they replace; the risks they pose of disease transfer; the impacts of released raised shrimp on the genetic diversity and resilence of indigenous shrimp and possibly also their negative impacts on other native fauna and flora. ..........Health hazards: Health hazards to local populations living near or working in shrimp farms have been observed in several places. For instance, in Tamil Nadu (Quaid-e-Milleth district near Pondicherry) an approximately 1,500 acre large shrimp farm has been reported to have caused eight deaths from previously unknown diseases within a period of two months following the installation of the aquaculture farm (Naganathan et al., 1995:60/). There are numerous hazards to public health along the shrimp production chain from the farmers through the various processors to the often distant consumer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Mangrove destruction, flooding of crops, salinization or pollution of land and water associated with the expansion of shrimp farming all affect the local people depending on these resources" Alagarswami has divided the shrimp-farm technology into six types. We have already quoted the relevant paragraph 5.1.2 of the report. Although different experts have given different nomenclature to different types of shrimp farm technologies, we are of the view that the types indicated by Alagarswami in his report are based on the functioning of the shrimp culture industry in India and as such are acceptable. Keeping in view the NEERI report and other material quoted and discussed by us, we are of the view that the traditional and improved traditional types of shrimp- farm technologies - defined by Alagarswami - are environmentally benign and pollution free. Other types of technologies - extensive, modified extensive, semi intensive and intensive - create pollution and have degrading affect on the environment and coastal ecology. Such type of shrimp farms cannot be permitted to operate. We may refer to constitutional and Statutory provisions which mandate the State to protect and impro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -chemical properties or handling, is liable to cause harm to human beings, other living creatures, plants, micro-organism, property or the environment;" Section 7 and 8 of the Environment Act are as under:- "7. Persons carrying on industry, operation, etc., not to allow emission or discharge of environmental pollutants in excess of the standards.- No person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or emitted any environmental pollutant in excess of such standards as may be prescribed. 8. Persons handling hazardous substances to comply with procedural safeguards.- No person shall handle or cause to be handled any hazardous substance except in accordance with such procedure and after complying with such safeguards as may be prescribed. Section 15 of the Act makes contravention of the provisions of the said Act punishable with imprisonment for a term which may extend to five years or with fine which may extend to one lakh rupees or with both. If the failure or contravention continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may exten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld render the water unsuitable as source of drinking water as well as for supporting fish life and for use in irrigation. Pollution of rivers and streams also causes increasing damage to the country's economy." Section 2 (j) & (k) of the Water Act are as under:- "2. Definitions.- In this Act, unless the context otherwise requires,- (j) "stream" includes- (i) river; (ii) water course (whether flowing or for the time being dry); (iii) inland water (whether natural or artificial); (iv) sub-terranean waters; (v) sea or tidal waters to such extent or, as the case may be, to such point as the State Government may, by notification in the Official Gazette, specify in this behalf; (k) "trade effluent" includes any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any [industry operation or process, or treatment and disposal system], other than domestic sewage. Section 25 of the Water Act provides that no person shall, without the previous consent of the State Board establish any industry, operation or process, of any treatment and disposal system which is likely in discharge sewage or trade effluent into ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt part of the judgment is as under; "The traditional concept that development and ecology are opposed to each other, is no longer acceptable. Sustainable Development is the answer. In the International sphere "Sustainable Development" as a concept came to be known for the first time in the Stockholm Declaration of 1972. Thereafter, in 1987 the concept was given a definite shape by the World Commission on Environment and Development in its report called "Our Common Future". The Commission was chaired by the then Prime Minister of Norway Ms. G.H. Brundtland and as such the report is popularly known as "Brundtland Report". In 1991 the World Conservation Union, United Nations Environment Programme and World Wide Fund for Nature, jointly came out with a document called "Caring for the Earth" which is a strategy for sustainable living. Finally, came the Earth Summit held in June, 1992 at Rio which saw the largest gathering of world leaders ever in the history - deliberating and chalking out a blue print for the survival of the planet. Among the tangible achievements of the Rio Conference was the signing of two conventions, one on biological ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Indian Council for Enviro-Legal Action vs. Union of India JT 1996 (2) 190. The Court observed, "We are of the opinion that any principle evolved in this behalf should be simple, practical and suited to the conditions obtaining in this country". The Court ruled that "Once the activity carried on is hazardous or inherently dangerous, the person carrying on such activity is liable to make good the loss caused to nay other person by his activity irrespective of the fact whether he took reasonable care while carrying on his activity. The rule is premised upon the very nature of the activity carried on". Consequently the polluting industries are "absolutely liable to compensate for the harm caused by them to villagers in the affected area, to the soil and to the underground water rand hence, they are bound to take all necessary measures to remove sludge and other pollutants lying in the affected areas". The "Polluter Pays" principle as interpreted by this Court means that the obsolute liability for harm to the environment extends not only to compensate the victims of pollution but also the cost of restoring the environmental degradation. Remedi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ards constituted under the Water Act shall also perform the powers and functions under the Air Act. The main function of the Boards, under the Air Act, is to improve the quality of the air and to prevent, control and abate air pollution in the country. We shall deal with the Environment Act in the later part of this judgment. In view of the above mentioned constitutional and statutory provisions we have no hesitation in holding that the precautionary principle and the polluter pays principle are part of the environment law of the country. We are of the view that before any shrimp industry or shrimp pond is permitted to be installed in the ecology fragile coastal area it must pass through a strict environmental test. There has to be a high powered "Authority" under the Act to scrutinise each and every case from the environmental point of view. There must be an environmental impact assessment before permission is granted to instal commercial shrimp farms. The conceptual framework of the assessment must be broad-based primarily concerning environmental linked with shrimp farming. The assessment must also include the social impact on different population strata in the area. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 authority shall be headed by Judge of a High Court. Other members preferably with expertise in the field of acquaculture, pollution control and environment protection shall be appointed by the Central Government. The Central Government shall confer on the said authority the powers to issue directions under section 5 of the Act and for taking measures with respect to the matters referred to in clauses (v), (vi), (vii), (viii), (ix), (x) and (xii) of sub-section (2) of Section 3. The Central Government shall constitute the authority before January 15, 1997. 2. The authority so constituted by the Central Government shall implement "the Precautionary Principle" and "the Polluter Pays" principles. 3. 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 c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one as defined by the CRZ notification and outside 1000 meter of Chilka and Pulicat lakes with the prior approval of the "authority" as constituted by this Court. Such industries which are already operating in the said areas shall authorisation from the "Authority" before April 30, 1997 failing which the industry concerned shall stop functioning with effect from eh said date. We further direct 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. 10. Acquaculture 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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