D SRINIVASA RAJU Vs. DISTRICT FOREST OFFICER

JUDGEMENT

(1.) Nature's fauna and flora have certain exotic species. The exotic animals and the exotic plants fascinated the human beings since the beginning of civilization for various reasons like satiation of the taste buds as well as aesthetic sense. The aquatic fauna like fish, prawn, shrimp and the like has always been dearer to those who had taste of eating these. One such aquatic fish Clarias gariepinus popularly known as African Catfish is an exotic species. Biologists continued to research on African Catfish for its good and bad effects and on the ecology of the biosphere. There have been also researchers who combined the artificial rearing/culture of Catfish for the kitchens of connoisseurs of multi-cuisine and the cooks with culinary talents.

(2.) Clarias gariepinus - African Catfish (in local parlance 'Magur') is not native or indigenous to Indian waters, though its nearer cousin Clarias batrachus belonging to the family of 'Claridae' is found in fresh waters of Indian lakes at some places. In Biologists' view Catfish is highly Carnivorous and it feeds on indigenous fish. They also the orise that the native Clarias batrachus would not effect the ecological balance in the natural water bodies. But, Clarias gariepinus by reason of its predatory habit would lead to drastic changes in the eco system in the long run and cause economic loss and there is likelihood of natural hybridization which would result in ecological imbalance in the natural waters in India. African Catfish was introduced in Bangladesh and later in West Bengal. About a decade and half ago it was also introduced in Kolleru lake area of Andhra Pradesh. After receiving complaints from well-meaning people and considering reports from various Research Organisations, the Central Government in 1997 imposed ban on Catfish culture and requested the State Governments to take necessary steps to prevent rearing of Catfish in the aquaculture ponds. Accordingly the Director of Fisheries, the third respondent in these writ petitions directed all the Field Officers like Assistant Directors to destroy the Catfish as and when they come across in the water bodies and to take all steps to ensure that the culture of Catfish is not taken up by the fish farmers and the rearing type of culture systems. The Assistant Directors of Fisheries, Kaikaluru, Eluru, Machilipatnam were specifically directed to ensure that Catfish was not allowed to enter into Kolleru lake waters. In these writ petitions, the petitioners, who are suppliers of Catfish seed to fish farmers in Andhra Pradesh seek invalidation of the proceedings issued by the Central Government as well as the orders of the third respondent. The Pleadings in brief:

(3.) Taking WP No.7744 of 2000 as illustrative case, pleadings and counter pleadings may be noticed briefly. The petitioner is a resident of Bhimavaram. He makes a living by culturing fish in ponds and also buying fish seed from the fish hatcheries and selling the seed in retail to other farmers. He alleges that in 1994-95 the Government of India issued a press statement to motivate fish farmers to take up cultivation of Catfish promising to provide all facilities to export Catfish to foreign countries. All of a sudden the third respondent issued proceedings dated 31-5-1999 directing the Assistant Directors of Fisheries to prevent growth of Catfish and destroy the same. The fourth respondent, Fisheries Development Commissioner in the Department of Agriculture and Co-operation, Krishi Bhavan, New Delhi, informed the decision of the National Committee to Oversee and Regulate Introduction of Exotic Aquatic Species in Indian Waters (for short, the National Committee) where a decision was taken to destroy Catfish. As a consequence whereof, the third respondent issued proceedings on 31-5-1999 directing all the Assistant Directors to take steps to destroy the Catfish and prevent introduction of Catfish in Indian waters.