M. GANESAN Vs. THE GOVT. OF TAMIL NADU

JUDGEMENT

(1.) The writ petition has been filed by the petitioner, stated to be in public interest, against the activities carried on by respondents 5 to 8 in the form of Prawn culture, which is alleged to be causing systematic destruction of prime agriculture wet lands. The petitioner claims to be the President of Nagai District Fisherpeople's Forum and concerned with the environmental issues.

(2.) There is alleged to be a large scale increase qua such aquaculture and in Writ Petition No. 561 of 1994, the Hon'ble Supreme Court, by an order dated 27.03.1995, is stated to have appointed a 13 Member Scientific Committee to inspect the coastal areas of Tamil Nadu and submit a report. On the basis of the report of the Committee, directions were issued on 09.05.1995 that no part of agricultural lands and salt farms be converted to aquaculture farms and there should not be any ground water withdrawal for aquaculture purposes. Certain other orders were issued, but it is alleged that despite interim orders, aqua farms continued in the coastal areas of Nagapattinam.

(3.) In order to regulate the industry of aqua farming, the State Legislature enacted Tamil Nadu Aquaculture (Regulation) Act, 1995 (hereinafter referred to as 'the Aquaculture Act'). Section 3 mandates obtaining licence from the Director of Fisheries for establishing a Aquaculture unit and where the unit was already in existence prior to the commencement of Aquaculture Act, it was mandatory to obtain licence within three months from the date of the Act, i.e., 10.04.1995. District Committees for the said purpose were also set up. Despite the provisions of the Aqua Culture Act, it is alleged that respondents 5 to 8 are setting up Prawn Farms having ecological impacts in the area.