S. Jagannath v Union of India [1997] 2 SCC 87

This case brought into force for the first time the non-implementation of the CRZ notification. Though the notification was enacted, it was never brought into force and the petitioner filed this writ for stoppage of intensive and semi-intensive type of prawn farming in the ecologically fragile coastal areas and for prohibiting use of wastelands and wetlands for prawn farming. The petitioner also sought for the constitution of a National Coastal Zone Management Authority to safeguard the marine and coastal areas. The allegation of the petitioner was that the coastal states were allowing big business houses to develop prawn farms on a large scale in the coastal States in violation of the EPA, 1986 and various other provisions of law.

The Court ordered NEERI to visit the coastal states of Andhra and Tamil Nadu and give its report on the status of farms set up in the said areas. The report submitted indicated that due to the impact of aquaculture, the environment was adversely degraded. The  impact was on surface water, contamination of soil and ground water and destruction of mangrove vegetation.

The Court order the following:

1. no part of the agricultural land and salt farms could be converted into aqua culture farms
2. an authority shall be constituted by the Central Government under sec. 8 (3) of the EPA, 1986.
3. the authority so constituted shall implement the precautionary principle and polluter pays principle;
4. no shrimp culture ponds should be constructed within the CRZ;
5. all the infrastructure set up within the CRZ such as shrimp culture farms should be demolished and removed;
6. aquaculture industry functioning at present within one km of the Chilika and Pulicat lakes must compensate the affected persons;
7. all employees/workmen engaged in the shrimp culture industry for less than one year should be retrenched and those

employed for more than one year paid compensation.

aquaculture industry functioning outside the CRZ should obtain clearance from the authority within a specified period failing which they must stop their operations