BITTU SEHGAL Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition in public interest under Article 32 of the constitution of India, various directions have been sought from this Court pertaining to Dahanu Taluka, State of Maharashtra, which has been declared by the Central Government as an ecologically-fragile area by the notification dated 20-6-1991.

(2.) It is stated in the petition that Dahanu is a rich area in agricultural economy and is a source of supply of fodder, grass, rice, cereals, milk, poultry and fish to the people living in the region. It is known as "food bowl" of the region producing 37 thousand tons of chikoos per month, 1825 tons of guava, and 21.9 lakhs of coconuts. The fish catch in the area is stated to be more than 3.7 lakh tons of crabs, pomfret and other fishes and 17 thousand tons of prawns. It is further stated that Dahanu is the last surviving "green zone" between Bombay and Surat. 49% of its total area is under forest cover. 47 thousand hectares of the taluka is reserved and protected forest, harbouring a rich variety of wildlife including some of the endangered species such as leopards, spotted deer, barking deer and mouse deer, etc. The creeks and sea inlets at Dahanu are the feeding grounds for various types of fishes. It is stated that the Government has itself earmarked the Dahanu region for prawn culture and fish-farming and for this reason it has already invested huge amount of money in a seed-farm at Bada Pokharah across the dahanu creek. Approximately, 65 per cent of the Dahanu population consists of tribals who are engaged in cultivation of land and orchards.

(3.) As mentioned above, the Central Government in consultation with the government of Maharashtra, considering the need for protecting the ecologically-fragile Dahanu Taluka and to ensure that the development activities are consistent with the principles of environmental protection and conservation has declared Dahanu Taluka as an ecologically-fragile area by the notification dated 20-6-1991 and placed various restrictions including restrictions on the setting up of industries which have detrimental effect on the environment. It is not necessary for us to go into the details of the notification.