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--------------- Print Magazine --------------
  May 2016
  April 2016


Aquaculture Industry and Environment Protection

S. Jagannath v. Union of India , AIR 1997 SC 811: (1997) 2 SCC 87

1. The Central Government shall constitute an authority under section 3(3) of the Environment (Protection) Act, 1986 and shall confer on the said authority all the powers necessary to the ecologically fragile coastal areas, sea shore, water front and other coastal areas and specially to deal with situation created by the shrimp culture industry in the coastal States and Union Territories. The authority shall be headed by a retired Judge of a High Court.

2. The authority so constituted by the Central Government shall implement "the Precautionary Principle" and "the Polluter Pays" principles.

3. No shrimp culture pond can be constructed or set up within the coastal regulation zone as defined in the CRZ Notification.

4. All aquaculture industries/ shrimp culture industries/shrimp culture ponds operating/ set up in the coastal regulation zone as defined under the CRZ Notification shall be demolished and removed from the said area before March 31, 1997.

5. The farmers who are operating traditional and improved traditional systems of aquaculture may adopt improved technology for increased production productivity and return with prior approval of the "authority" constituted by this order.

6. The agricultural lands, salt pan lands, mangroves, wet lands, forest lands, land for village common purpose and the land meant for public purposes shall not be used/converted for construction of shrimp culture ponds.

7. No aquaculture industry/shrimp culture industry /shrimp culture ponds shall be constructed/set up within 1000 metres of Chilka lake and Pulicat lake (including Bird Sanctuaries, namely, Yadurapattu and Nelapattu)

8. Aquaculture industry/shrimp aquaculture industry /shrimp culture ponds already operating and functioning in the said area of 1000 metres shall be closed and demolished before March 31,1997.

9. Aquaculture industry/shrimp culture industry/shrimp culture ponds other than traditional and improved traditional may be set up/ constructed outside the coastal regulation zone as defined by the CRZ notification and outside 1000 metres of Chilka and Pulicat lakes with the prior approval of the authority as constituted by this Court.

10. Aquaculture industry/shrimp culture industry/ shrimp culture ponds which have been functioning/operating within the coastal regulation zone as defined by the CRZ Notification and within 1000 metres from Chilka and Pulikat lakes shall be liable to compensate the affected persons on the basis of the "polluter pays" principle.

11. The compensation amount recovered from the polluters shall be deposited under a separate head called "Environnment Protection Fund" and shall be utilized for compensating the affected persons as identified by the authority and also for restoring the damaged environment.

12. The workmen employed in the shrimp culture industries which are to be closed in terms of this order, shall be deemed to have been retrenched with effect from April 30, 1997.

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