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1995 DIGILAW 733 (SC)

S. Jagannathan v. U. O. I.

1995-05-09

G.T.NANAVATI, KULDIP SINGH

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JUDGMENT : 1. Pursuant to this Court's order dated March 27, 1995 a NEERI team consisting of 13 member - Scientists visited the Ecologically Fragile Coastal areas in the State of A.P., Tamil Nadu and Pondicherry. The team inspected the shrimp forms in the said area. After thorough investigations the NEERT has submitted its report. The copies of the report have already been given to the learned counsel for the parties. 2. This matter be listed for final hearing on 4th August, 1995. Meanwhile we direct that no part of agricultural lands and salt farms be converted into commercial aquaculture farms hereinafter. We further direct that no ground water withdrawal, be allowed for aquaculture purposes to any of the industries whether already existing or in the process of being set up. No further shrimp farms of any aquaculture farms be permitted to be set up in the area in dispute hereinafter. 3. We direct the respective State Governments (the Collector concerned or any other Officer appointed by the Government) to provide free excess through aquaculture units to the sea coast to the fishermen/tourists after hearing the parties concerned. 4. Mr. Mehta has contended that due to these farms occupying the most of the coastal areas it has become difficult. for the villagers to search for fresh water. The State Govt. may examine this aspect and provide water by way of tankers wherever it is necessary. 5. So far as the farmers in the State of Tamil Nadu are concerned they are all represented through Mr. Kapil Sibal and his team. We direct the State of AP. to send a copy of the order of this Court to all the aquaculture farms in the State of A.P. informing them that the matter shall be taken up by this Court for final hearing on 4th August, 1995. This may be done by the State of A.P. by the end of June, 1995. 6. We direct the Pondicherry Administration to send a copy of the order of this Court to all the acquaculture farms in Pondicherry -informing them that the matter shall be taken up by this Court for final hearing on 4th August, 1995. This may be done by the Pondicherry Admn. by the end of June 1995. 7. 6. We direct the Pondicherry Administration to send a copy of the order of this Court to all the acquaculture farms in Pondicherry -informing them that the matter shall be taken up by this Court for final hearing on 4th August, 1995. This may be done by the Pondicherry Admn. by the end of June 1995. 7. We further direct the Superintendent of Police and the Collector of the areas concerned to see that the order of this Court specially the directions given a meticulously complied with by all the farms. 8. Last the matter on 4th August, 1995.