S. JAGANNATH versus UNION OF INDIA AND ORS.

S. JAGANNATH versus UNION OF INDIA AND ORS.

The modern, intensive and semi-intensive shrimp culture industry is hazardous, causes environmental degradation, and cannot be permitted within the Coastal Regulation Zone as defined by the CRZ Notification. Only traditional and improved traditional techniques are permissible. The CRZ Notification issued under the Environment (Protection) Act prevails over State laws, and directives are required for protection, compensation, and restoration.

Parties
Petitioner: Chairman, Gram Swaraj Movement; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
11 December 1996
Procedural Posture
Writ Petition (public Interest) Under Article 32 / Final Judgment
Outcome
Petition allowed with costs
Legal Topics
Coastal Zone Regulation, Marine Pollution, Aquaculture Restrictions, Sustainable Development, Polluter Pays Principle, Precautionary Principle, Public Interest Litigation
Environmental Law Constitutional Law Labour Law Coastal Zone Regulation Marine Pollution Aquaculture Restrictions Sustainable Development Polluter Pays Principle +2 more

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Parties

Chairman, Gram Swaraj Movement

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition (public Interest) Under Article 32 / Final Judgment

Legal Issues

  1. 1 Restrictions on prawn and shrimp farming in ecologically fragile coastal areas under Coastal Zone Regulation Notification
  2. 2 Constitutional duty of the State to protect environment
  3. 3 Compliance with Environment (Protection) Act, Water (Prevention & Control of Pollution) Act, Fisheries Act, Wildlife Protection Act, Forest Conservation Act, Hazardous Waste Rules

Ratio Decidendi

The modern, intensive and semi-intensive shrimp culture industry is hazardous, causes environmental degradation, and cannot be permitted within the Coastal Regulation Zone as defined by the CRZ Notification. Only traditional and improved traditional techniques are permissible. The CRZ Notification issued under the Environment (Protection) Act prevails over State laws, and directives are required for protection, compensation, and restoration.

Court Disposition

Petition allowed with costs

Orders

  • Central Government to constitute an authority under Section 3(3) of Environment (Protection) Act before January 15, 1997, headed by a retired High Court Judge, empowered to implement court directions and protect coastal areas.
  • Authority to implement Precautionary and Polluter Pays principles.