KHOLAMUHANA PRIMARY FISHERMEN CO OP SOCIETY Vs. STATE

JUDGEMENT

(1.) Chilka. A dream land for the poets and creative artists is now in throes of trouble, leading even to "Chilka Bachao" movement taken up by eminent persons of the State. This is because Chilka has become a "stormy island", as a news headlined in Hindustan Times of 13-9-1993 says, and because Chilka is "getting choked", as flashed in another news of Hindustan Times dated 26-9-1993. The net result is that Chilka, which is the largest inland brackish waterbody of its kind in Asia and which used to span before eyes like a dream and offer plenty of opportunities to enjoy and rejuvenate our soul, has become an eye sore because of havocs being played by mafias who have become the real monarchs of Chilka. All this is due to "prawn-dollar" disaser developing around Chilka, as would be seen from what is being noted later.

(2.) How can in such a situation Chilka, dear Chilka, provide livelihood to about one and half lakhs of people (both fishermen and non-fishermen) living in and around Chilka in about 132 villages, not to speak of attracting 132 species of migrating birds from distant places like Siberia, which by itself has been an attraction of tourists from far and wide? The root cause for this iamentable situation is the failure of the Government to recognise the reality of the situation in Chilka and massive degradation of its eco system. Nothing can be more painful and nothing would be more rewarding if a solution can be found which would be fair and equitable in so far as the settlement of Chilka fishery sources is concerned and would even provide extra revenue to the Government, of course, not at social cost which intensive prawn culture has foisted, not only on the people in and around chilka but also the entire populace of the State. The social costs are environmental costs, displacement costs and user costs, to which our attention has been drawn by the Das Committee, to whose report we would advert later. Let, therefore be a re-orientation in thinking where the economic growth does not become an end in itself but is turned to the improvement of quality of human life which would be possible when the concept of sustainable development is adopted, which would be possible where humanity "takes no more from nature than nature can replenish", which was the call of the Rio Conference held in June, 1992.

(3.) This Court has been approached by 36 primary fishermen co-operative societies, who are the petitioners in the three petitions, because, according to them, the principles of settlement of fisheries in Chilka adopted by the Government in its Revenue and Excise Department as contained in the Memo 31/12/1991 (which is Annexure 9 to O.J.C. No. 1653/92) are radically different from those followed earlier, so much so that the present policy would adversely affect the livelihood of about a lakh of fishermen who in the past were being given settlement of fisheries in Chilka because of their traditional right. The present policy, on the other hand, contains a tilt in favour of the non-fishermen and ends in encouraging a mafia raj in Chilka. According to the petitioners, the policy is also unintelligible, arbitrary and has conferred unguided powers on the Collector, Puri, and some other officers named in Annexure 9.