S.M.K.BALAKRISHNAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners five in number have filed this writ petition as a public interest litigation to forbear the Director of Fisheries / fifth respondent from establishing Aqua Culture Center, in the land comprised in Survey No. 967, measuring an extent of 86.93.00 Hectares, at Mannavanur Village, Kodaikanal Taluk, Dindigul District.

(2.) The petitioners are the residents of Kavunji Village, Kodaikanal Taluk, Dindigul District and stated to have been involved in creating public awareness, propagating the various welfare schemes evolved by the Government and also rendering assistance to the villagers whenever required.

(3.) It is stated that the land in question is a grassland used by the residents of the Village from time immemorial and it provides the ecosystem with clean water; prevents floods and also serves a grassing ground for cattle. Further, the grassland is an important habitat for several species of flora and fauna, including migratory birds. The area has unique biodiversity with several endemic and rare plants. Through the grassland, Thalavarai river flows, which is the irrigation source of around 2000 Acres of cultivable lands and it is stated to be the only water source to the residents of the village. It is stated that when the entire area is so unique in its biodiversity, the Fisheries Department, without giving importance to the protection of environment and ecosystem, have proposed to establish a massive fish hatchery unit in the grassland at Mannavanur Village.