Environment (protection) Act, 1986: Sections 2, 3, 5, 7, 8 and 15.

Environment Protection Rules, 1989: Rule 5(3).

Water (Prevention & Control of Pollution) Act, 1974: Sections 2(j) & (k) and 25.

Fisheries Act, 1897:

Wild-life Protection Act, 1972 :

Forest conservation Act, 1980:

Hazardous Waste (Management and Handling) Rules, 1989: Rule 2(j) and 5.

Environmental law-Coastal Zone Regulation Notification-Restrictions imposed on prawn fanning in ecologically fragile coastal areas-Writ in public interest seeking directions for prohibiting prawn farming in coastal areas-Held setting up of shrimp culture farms within the prohibited area under Notification cannot be permitted-Shrimp culture industry held neither "directly related to water front" nor "directly needing foreshore facilities'-Dis tinction between conventional and modem method of shrimp fanning discussed-New method poses a serious threat to ecology-In view of damage caused by aquaculture industry to ecology the fact of large scale potential of foreign exchange held not relevant-Directions issued by Supreme Court-Constitution of Authority for protection of ecologically fragile coastal areas-Direction to recover compensation from polluter;--Constitution of Environment Protection Fund-Compensation to workers retrenched from shrimp culture industries.  

Environmental Law-Marine pollution-Sea coast and beaches--Degrading environment of-Duty to protect-Precautionary principle and polluter pays principle-Implementation of.

Environmental Law-Sustainable development.

Constitution of India, 1950 :

Articles 48-A and 51-A-Protection and improvement of environment:--Duty of State-Negligence on the part of authorities responsible for implementation of provisions-Deprecation of.

Article 25~Seventh Schedule-List I Entry Coastal Zone Regulation notification issued under Central Act-Held would prevail over the law made by legislatures of States. 

In exercise of its power under clause (d) of sub-rule (3) of Rule 5 of the Environment Protection Rules, 1986, Ministry of Environment and Forests, Government of India issued Coastal Zone Regulation Notification dated February 19, 1991, whereunder various restrictions were imposed on Prawn farming in the ecologically fragile coastal areas. The Chairman, Gram Swaraj Movement, a voluntary organisation working for the upliftment of the weaker sections of Society, filed a writ petition in public interest under Article 32 of the Constitution seeking directions from this Court for (i) stoppage of intensive and semi-intensive type of prawn farming in the ecologically fragile coastal areas' (ii) prohibition from using the waste lands/wet lands for prawn farming and (iii) constitution of a national coastal management authority to safeguard the marine life and coastal areas. 

Various States and Union Territories filed their replies to the writ petitions. Pursuant to an order passed by this Court the National Environmental Engineering Research Institute, Nagpur (NEER!) visited coastal areas of various States to investigate whether the ecologically fragile area was being environmentally degraded and submitted its two reports to this Court. The Court further directed all the States and Union Territories not to give fresh licences or permission for setting up of any acqua-farm in their respective territories till further orders. With a view to affording opportunity of hearing to acqua- farms this Court also directed the Coastal States and Union Territories to issue notices to them. The report submitted by Dr. K. Alagarswamy, Director, Central Institute of Brackish water acqua-culture was also placed on record. This report highlights various environmental and social problems created by coastal acqua-culture. It also discussed various types of technologies adopted by the acqna-culture industries in India.

On behalf of the petitioner it was contended that (1) the modern other than traditional techniques of shrimp farming are highly polluting and are detrimental to the coastal environment and marine ecology. There fore, only the traditional and improved traditional systems of shrimp farming which are environmentally friendly should be permitted; (ii), setting up of shrimp farms on the coastal stretches of seas, bays, 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 Coastal Zone Regulation notification; (iii) the shrimp culture industry is neither "directly related to water front" nor "directly needing foreshore facility" and as such is a prohibited activity under Para 2(1) of the Coastal Zone Regulation Notification; and (iv) the shrimp culture farms are discharging highly polluting effluent which is "hazardous waste" without obtaining authorisation from the State Pollution Control Board under Hazardous Waste (Management and Handling) Rules, 1989. 

On behalf of shrimp acqua-culture industry it was contended that (i) a. shrimp farm is an industry which is directly related to water front and cannot exist without fore-shore facilities; (ii) certain provisions of the coastal acqua-culture legislations enacted by various States are not in consonance with the Coastal Zone Regulation notification issued by the Government of India under Section 3(3) of the Environment (Protection) Act; and (iii) almost 100 percent of the produce is exported and as such the industry bas a large potential to earn foreign exchange.

Allowing the petition with costs, this Court