Paragraph numbers below are the court’s original numbering, recovered from the source text.
1. The Central Government shall constitute an authority under Sec- tion 8(3) of the Environment (Protection) Act, 1986 and shall confer on c the said authority all the powers necessary to protect the ecologically fragile coastal areas, sea shore, water front and other coastal areas and specially to deal with the situation created by the shrimp culture industry in coastal States Union Territories. The authority shall be headed by a retired Judge of the High Court. Other members preferably with expertise in the field of acquaculture, pollution control and environment protection D shall be appointed by the Central Government. The Central Government shall confer on the said authority the powers to issue direction under Section 5 of the Act and for. taking measures with respect to the matter referred to in clauses (v), (vi), (vii), (viii), (ix), (x) and (xii) of sub-section (2) of Section 3, the Central Government shall constitute the authority E before January 15, 1997.
2. The authority so constituted by the Central Government shall implement "the Precautionary principle" and "the Polluter Pays" principles.
3. The shrimp culture industry/the shrimp ponds are covered by the F prohibition contained in para 2(i) of the CRZ Notification. No shrimp culture pond can be constructed or set up within the coastal regulation zone as defined in the CRZ notification. This shall be applicable to, all seas, bays, estuaries, creeks rivers and backwaters. This direction shall not apply to traditional and improved traditional types of technologies (as defined in G Alagarswarni report) which are practised in the coastal low lying areas.
4. All acquaculture industries/shrimp culture industries/shrimp cul- ture ponds operating/set up in the coastal regulation zone as defined under the CRZ Notification shall be demolished and removed from the said area before March 31, 1997. We direct the Superintendent of Police/Deputy H Commissioner of Police and the District Magistrate/Collector of the area S.JAGANNA1H v. U.O.l. [KULDIP SINGH,].] to enforce this direction and close/demolish all acquaculture in- dustriesfshrimp culture industries, shrimp culture ponds on or before March 31, 1997. A compliance report is this respect shall be filed in this Court by these authorities before April 15, 1997.
5. The farmers who are operating traditional and. improved tradition- al systems of acquaculture may adopt improved technology for increased production productivity and return with prior approval on the "authority" constituted by this order.
6. The agricultural lands, salt pan lands, mangroves, wet lands, forest lands, land for village common purpose and the land meant for public C purposes shall not be used/converted for construction of the shrimp culture ponds.
7. No acquaculture industry/shrimp culture industry/shrimp cul- ture ponds shall be constructed/set up within 1000 meter of Chilka lake and Pulicat lake (including Bird Sanctuaries namely Yadurapattu and D Nelapattu).
8. Acquaculture industry/shrimp culture industry/shrimp culture ponds already operating and functioning in the said area of 1000 meter shall be closed and demolished before March 31, 1997. We direct the Superintendent of Police/Deputy Commissioner of Police and the District Magistrate/Collector of the area to enforce this Direction and close/demolish all acquaculture industries/shrimp culture industries, shrimp culture ponds on or before March 1997. A compliance report in this respect shall be filed in this Court by these authorities before April 15, 1997.
9. Acquaculture industry/shrimp culture industry/shrimp culture ponds other than traditional and improved traditional may be set up/con- structed outside the coastal regulation zone as defined by the CRZ notification and outside 1000 meter of Chilka and Pulicat lakes with the prior approval of the "authority" as constituted by this Court. Such in- dustries which are already operating in the said areas shall contain authorisation from the "Authority" before April 30, 1997 failing which the industry concerned shall stop functioning with effect from the said date. We further direct that any acquaculture activity including intensive and semi- intensive which has the effect of causing salinity of soil, or the H A drinking water or wells and/or by the use of chemical reeds increases shrimp or prawn production with consequent increase in sedimentation which, on putrefaction is a potential health hazard, apart from causing siltation turbidity of water courses and estuaries with detrimental implica- tion on local fauna and flora shall not be allowed by the aforesaid B Authority.
10. Acquaculture industry/shrimp culture industry/shrimp culture ponds which have been functionin!;'operating within the coastal regulation zone as defined by the CRZ Notification and Within 1000 meter from Chilka and Pulicat Lakes shall be liable to compensate 'the affected C persons on the basis of the "polluter pays" principle.
11. The authority shall, with the help of expert opinion and after giving opportunity to the concerned polluters assess the loss to the ecol- ogy/environment of the affected areas and of the individuals/families who have suffered because of the pollution and shall assess the compensation to be paid to the said individuals/families. The authority shall further determine the compensation to be recovered from the polluters as cost of reversing the damaged environment. The authority shall lay down just and fair procedure for completing the exercise.
12. The authority shall compute the compensation under two heads namely, for reversing the ecology and for payment to individuals. A state- ment showing the total amount to be recovered, the names of the polluters from whom the amount is to be recovered, the amount recovered from each polluter, the persons to whom the compensation is to be paid and the amount payable to each of them shall be forwarded to the Collector/Dis- F trict Magistrate of the area concerned. The Collector/District Magistrate shall, recover the amount from the polluters, if necessary, as arrears of land revenue. He shall disburse the compens~tion awarded by the authority to the affected persons/families.
13. We further direct that any violation or non-compliance of the direction of this Court shall attract the provision of the Contempt of Courts Act in addition. —·
14. The compensation amount recovered from the polluters shall be deposited under a separate head called "Environment Protection Fund" H and shall be utilised for compensating the affected persons as identified by S.JAGANNATii v. U.0.1. [KULDIP SINGH,J.] the authority and also for restoring the damaged environment.
15. The authority, in consultation with expert bodies like NEER!, Central Pollution Control board, respective State Pollution Control Boards shall frame scheme/schemes for reversing the damage caused to the ecol- ogy and environment by pollutions in the coastal State/Union Territories. The scheme/schemes so framed shall be executed by the respective State Governments/Union Territory Governments under the supervision of the Central Government. The expenditure shall be met from the "Environment Protection Board and from other sources provided by the respective State Governments/Union Territory Governments and the Central Government.
16. The workmen employed in the shrimp culture industries which c are to be closed in terms of this order, shall be deemed to have been retrenched with effect from April 30, 1997 provided they have been in continuous service (as defined in Section 25B of the industrial Dispntes Act, 1947) for not less than one year in the industry concerned before the said date. They shall be paid compensation in terms of Section 25-B of the D Industrial Disputes Act, 1947. These workmen shall also be paid, in addi- tion, six year's wages as additional compensation. The compensation shall be paid to the workmen before May 31, 1997. The gratuity amount payable to the workmen shall be paid in addition. The writ petition is allowed with costs. We quantify the costs as Rs. 1,40,000 (Ruppes one lac forty thousand) to be paid by the States of Gujarat. Maharashtra, Orissa, Kerala, Tamil Nadu, Andhra Pradesh and West Bengal in equal shares of Rs. 20,000 each. The amount of Rs. 1,40,000 realised from the seven coastal States shall be paid to Mr. M.C. Mehta, Advocate who has assisted us in this case throughout. We place on record our appreciation for the assistance rendered by Mr. Mehta. T.N.A. Petition allowed.