ENVIRONMENT MOOT, UMLA 2017

BEFORE THE HON’BLE SUPREME COURT OF INDIA

IN THE MATTER OF

S. JAGANNATH

(PETITIONER)

V/s

UNION OF INDIA& ORS.

(RESPONDENT)

WRITTEN SUBMISSION ON BEHALF OF RESPONDENT

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TABLE OF CONTENTS

INDEX OF AUTHORITIES..............................................................................3

STATEMENT OF JURISDICTION.................................................................6

STATEMENT OF FACTS.................................................................................7

STATEMENT OF ISSUES…..……................................................................10

WRITTEN PLEADINGS.…………………..................……........................11

ARGUEMENTS ADVANCED.......................................................................12

CASE LAWS....................................................................................................19

PRAYER FOR RELIEF.................................................................................20

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INDEX OF AUTHORITIES

SR CASE LAWS AND THEIR CITATIONS

NO.
1. Jacob Vadakkancherry vs State od Kerala AIR 1998 Ker 114.FB.

2. Goa Foundation vs Diksha Holdings Pvt. Ltd. 2001 (2) SCC 97=AIR 2001 SC 184

= 2001 (2) Bomb LR 550.

3. Essar Oil Limited vs Halar Ukarsh Samiti. AIR 2004 SC 1834

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NAME OF THE BOOK REFERRED

Introduction to the Constitution of India,D.DBasu

Environmental Law in India,P.Leelakrishnan

DYNAMIC LINKS

1. www.indiankanoon.org

2. www.manupatra.com

3. www.westlawindia.com

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LIST OF ABBREVIATIONS

AIR All India Reporter

AIR(SC) All India Reporter (Supreme Court)

SLJ All India Services Law Journal

CLJ Current Law Journal

CLR Current Labour Reporter

CRZ Coastal Regulatory Zone

SCC Supreme Court Cases

SCR Supreme Court Reports

DPSP Directive Principles of State Policy

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STATEMENT OF JURISDICTION

The Hon’ble Supreme Court of India has the inherent jurisdiction to try, entertain and dispose

off the present litigation by virtue of Article 32 of the Constitution of India, 1950. The

respondents reserve the right to contest the jurisdiction of this Hon’ble court.

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STATEMENT OF FACTS

 Shrimp (Prawn Culture Industry is taking roots in India.

 Since long the fishermen in Indian have been following the traditional rice/shrimp

rotating aqua culture system.

 Rice is grown during part of the year and shrimp and other fish species are cultured

during the rest of the year. However, during the last decade the traditional system

which, apart from producing rice, produced 140 kgs. of shrimp per hectare of land

began to give way to more intensive methods of shrimp culture which could produce

thousands of kilograms per hectare.

 A large number of private companies and multi-national corporations have started

investing in shrimp farms. In the last few years more than eighty thousand hectares of

land have been converted to shrimp farming.

 India's Marine export weighed in a 70,000 tonnes in 1993 and these exports are

projected to reach 200 thousand tonnes by the year 2000.

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 The shrimp farming advocates regard acquaculture as potential savior of developing

countries because it is a short-duration crop that provides a high investment return and

enjoys and expanding market.

 The said expectation is sought to be achieved by replacing the environmentally benign

traditional mode of culture by semi-intensive and intensive methods. More and more

areas are being brought under semi-intensive and intensive modes of shrimp farming.

 The environmental impact of shrimp culture essentially depends on the mode of

culture adopted in the shrimp farming. Indeed, the new trend of more intensified

shrimp farming in certain parts of the country - without much control of feeds, seeds

and other inputs and water management practices - has brought to the fore a serious

threat to the environment and ecology which has been highlighted in this case.

 The petitioner through the present PIL has sought the enforcement of CRZ

Notification, 1991 for prohibiting the intensive and semi-intensive type of prawn

farming in the ecologically fragile coastal areas and constitution of a National Coastal

Management Authority for safeguarding the marine life and coastal areas.

 Due to the commercial aquaculture farming there is a considerable degradation of the

mangrove ecosystems, pollution of potable waters, and reduction in fish catch. The

groundwater has become contaminated due to seepage of impounded water from the

aquaculture farms. Further, the expansion of the modern Shrimp ponds in the coastal

area has meant that the local fishermen could reach the beach only after trespassing

these Shrimp farms or by taking a long detour

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 The respondent has sought to protect the interests of the employment generation and

increased agriculture production for the rural farmers assuring them of a guaranteed

source of income and living, dependent solely earlier on unpredictable vagaries of

Indian monsoon and pure traditional farming methods.

 The respondent has sought to put impetus on ensuring alternate means of livelihood

so essential for the upliftment of the poor cultivators who were not aware of

commercial farming and its benefits.

 The Respondent State has sought to reinforce the modern methods of food crops,

fishing and shrimp cultivation.

 The court observed that most of the coastal land recently converted into shrimp farms

was previously used for food crops and traditional fishing.

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STATEMENT OF ISSUES

1) Whether the said PIL is maintainable?

2) Whether intensive and semi-intensive type of prawn farming in the ecologically

fragile coastal areas be allowed.?

3) Why shrimp farming should be allowed?

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WRITTEN PLEADINGS

1) The petition is not maintainable because the petitioner would have filed the suit in the

lower courts instead of the Supreme Court. This is because if all the citizens take their

grievances directly to the Supreme Court then it may be a burden on the court. The

Article 32 of the Indian Constitution guides the terms of the jurisdiction of the same.

2) Intensive and semi-intensive type of prawn farming in the ecologically fragile coastal

areas be allowed in view of Article 41 & 48 of the Indian Constitution. The intensive

and semi-intensive methods of shrimp cultivation involve high production yield which

compensates the labour costs and other expenses. The higher profits result from high

market demand and prices.

3) Shrimp farming should be allowed in terms of Article 21 of the Indian Constitution.

Shrimps are a higher source of quality animal protein for human consumption and

create additional income and improve its water management. It leads to effective use

of marginal land and The shrimp produced are the owner’s property; they are secure

and can be harvested at will. Due to soaring demand from the US, Japan and Western

Europe, shrimp are now raised on an industrial scale in tropical countries and shrimp

rival tuna is the most popular seafood consumed in the US. The dramatic growth in

the consumption of shrimp is due to its increasing affordability. The sharp decline in

the price of shrimp over the last few decades has been driven by increased production,

propelled by the lure of exporting shrimp to earn foreign exchange.

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ARGUMENTS ADVANCED

1) Whether the said petition is maintainable ?

The petition is not maintainable because the petitioner would have filed the suit in any

other lower court instead of filing it directly to the Supreme Court. According to the

article 32 of the Indian Constitution, Parliament may by law can empower any other

court to exercise within the local limits of its jurisdiction or any of the powers

exercisable by the Supreme Court. First the citizens are supposed to seek justice in the

lower courts and when they are not satisfied by the judgment given by those courts

then they can step by step go to the High Court and ultimately to the Supreme Court.

Type of petition – Writ Petition

Writ Petition – A writ is a formal written order by a court, issued by the Supreme

Court or High Court are called writs. A writ petition can be filed in the High Court (Article

226) or the Supreme Court ( Article 32) of India when any of your fundamental rights are

violated

Article 32

Remedies for enforcement of rights conferred by this Part

1. The right to move the Supreme Court by appropriate proceedings for the

enforcement of the rights conferred by this Part

2. The Supreme Court shall have power to issue directions or orders or writs,

including writs in the nature of habeas corpus, mandamus, prohibition, quo

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warranto and certiorari, whichever may be appropriate, for the enforcement of any

of the rights conferred by this part

3. Without prejudice to the powers conferred on the Supreme Court by clause (1)

and (2), Parliament may by law empower any other court to exercise within the

local limits of its jurisdiction all or any of the powers exercisable by the Supreme

Court under clause (2)

4. The right guaranteed by this article shall not be suspended except as otherwise

provided for by this Constitution

2) Whether intensive and semi-intensive type of prawn farming in the ecologically

fragile coastal areas be allowed?

Under the Environment Protection Act, 1986of India, notification was issued in

February 1991, for regulation of activities in the coastal area by the Ministry of

Environment and Forests (MoEF). As per the notification, the coastal land up to 500m

from the High Tide Line (HTL) and a stage of 100m along banks of creeks, estuaries,

backwater and rivers subject to tidal fluctuations, is called the Coastal Regulation

Zone(CRZ).

CRZ along the country has been placed in four categories. The above notification

includes only the inter-tidal zone and land part of the coastal area and does not

include the ocean part.

Coastal Regulation Zones(CRZ) are notified by the govt of India in 1991 for the first

time. Coastal areas have been classified as CRZ-1, CRZ-2, CRZ-3, CRZ-4. And the

same they retained for CRZ in 2003 notifications as well.

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CRZ-3: rural and urban localities which fall outside the 1 and 2. Only certain activities

related to agriculture even some public facilities are allowed in this zone

CRZ-4: this lies in the aquatic area up to territorial limits. Fishing and allied activities are

permitted in this zone. Solid waste should be let off in this zone.

Article 41 of the Indian Constitution regarding Right to work, to education and to public

assistance in certain cases that “The State shall, within the limits of its economic capacity and

development, make effective provision for securing the right to work, to education and to

public assistance in cases of unemployment, old age, sickness and disablement, and in other

cases of undeserved want.”

Article 48 of the Indian Constitution regarding Organization of agriculture and animal

husbandry states that “The State shall endeavor to organize agriculture and animal

husbandry on modern and scientific lines and shall, in particular, take steps for preserving

and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch

and draught cattle.

Thus, intensive and semi-intensive type of prawn farming in the ecologically fragile coastal

areas be allowed in terms of the Above Articles 41 & 48.

1. Shrimp farming may range from ‘backyard’ subsistence ponds and stretches of

water to large scale industrial enterprises. Farming systems can be expressed in

terms of input levels.

2. In extensive shrimp farming, economic and labour inputs are usually low. Natural

food production plays a very important role, and the system’s productivity is

relatively low. Fertiliser may be used to increase fertility and thus shrimp

production.

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3. Semi-intensive shrimp farming requires a moderate level of inputs and shrimp

production is increased by the use of fertiliser and/or supplementary feeding. This

means higher labour and feed costs, but higher shrimp yields usually more than

compensate for this.

4. Intensive shrimp farming involves a high level of inputs and stocking the

ponds/stretches of seawater with as many shrimp as possible. The shrimp are fed

supplementary feed, while natural food production plays a minor role. In this

system, difficult management problems can arise caused by high shrimp stocking

densities (increased susceptibility to diseases and dissolved oxygen shortage).

5. The high production costs force one to fetch a high market price in order to make

the shrimp farm economically feasible.

3) Why shrimp farming should be allowed?

Article 21 in The Constitution Of India 1949 envisions:

1. Protection of life and personal liberty- No person shall be deprived of his life or

personal liberty except according to procedure established by law

2. Right to work, to education and to public assistance in certain cases.-

The State shall, within the limits of its economic capacity and development, make

effective provision for securing the right to work, to education and to public

assistance in cases of unemployment, old age, sickness and disablement, and in other

cases of undeserved want.

1. Shrimp provides high quality animal protein for human consumption.

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2. A farmer can often integrate shrimp farming into the existing farm to create

additional income and improve its water management.

3. Shrimp growth in can be controlled

4. The shrimp produced are the owner’s property; they are secure and can be

harvested at will. Shrimp in wild waters are free for all and make an individual

share in the common catch uncertain.

5. Effective land use: effective use of marginal land e.g. land that is too poor, or too

costly to drain for agriculture can be profitably devoted to prawn/shrimp farming

provided that it is suitably prepared.

6. Farming Shrimp, Harvesting Hunger: The Costs and Benefits of the Blue

Revolution- Not long ago, shrimp were considered a rare and expensive delicacy.

Not anymore. Thanks to soaring demand from the US, Japan and Western Europe,

shrimp are now raised on an industrial scale in tropical countries. Today shrimp

rival tuna as the most popular seafood consumed in the US. The dramatic growth

in the consumption of shrimp is due to its increasing affordability. The sharp

decline in the price of shrimp over the last few decades has been driven by

increased production, propelled by the lure of exporting shrimp to earn foreign

exchange, and stiff competition among the producers along the tropical coasts of

Asia, Latin America, and Africa. Industrial shrimp farming is quite distinct from

the subsistence, traditional, or artisanal aquaculture that has been practiced for

millennia by local people in Asia and elsewhere.

7. Industrial shrimp aquaculture is an integral part of the so-called Blue Revolution

—the concerted effort to increase the industrially farmed production of a diverse

array of aquatic species. Like the earlier Green Revolution, the Blue Revolution is

frequently promoted as a way to help feed the world’s hungry by increasing the

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supply of affordable food. The results of the Blue Revolution have been exactly

the opposite. As the earlier Green Revolution was necessary to establish the global

corporate agro-food system, the Blue Revolution is an essential part of integrating

aquatic species (including cultured shrimp) and coastal ecosystems into that same

global food production system. Hundreds of national and multinational

corporations, financially strapped national governments, and international

development and donor agencies have promoted the expansion of industrial

shrimp farms. They justify their efforts on the grounds that shrimp farming can

contribute to the world’s food supply by compensating for the decline in capture

shrimperies, generate significant foreign exchange earnings for poor Third World

nations, and enhance employment opportunities and incomes in poor coastal

communities.

8. The increasing popularity of industrially cultivating shrimp began in the early

1970s. Back then, total world production of shrimp, almost all from wild capture

shrimperies, was around 25,000 metric tons. Today total world production is close

to 800,000 metric tons, about 30% from shrimp raised on farms in more than 50

countries. Recent industry projections estimate that farmed shrimp will account

for more than 50% of total global production within the next five years. While

approximate ly 99% of farmed shrimp are raised in developing countries, almost

all of it is exported and consumed in rich, industrial countries—the US, Western

Europe and Japan.

9. In terms of “Brundtland Report” environmental measures along with scientific

research are sufficient enough, according to the principles of “Sustainable

Development”, to allay the unfounded fear of degradation of environment.

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10. The coastal areas shall see a degrowth in ancilliary industries and overall

development. It will be very difficult to replace such industries. Consequently,

lakhs of persons shall be facing the danger of loss of employment, displacement

and means of livelihood. It may further create social problems. Aquaculture has

been practised for many centuries by small farmers and fisher folk in Asia to

improve their living conditions.

In view of the above and in terms of Article 21 of the Indian Constitution, the

shrimp cultivation is in terms of the right of liberty and right to work.

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CASE LAWS

Jacob Vadakkancherry v. State of Kerala. AIR 1998 Ker 114.FB.

Goshree Project for construction of bridges by raising money by selling the reclaimed land -
No irreparable loss and damages to the ecology - Land proposed to be reclaimed does not
come within the CRZ area - Reclamation cannot be prohibited- Duty of Government to
provide infrastructural facility - Reclamation if necessary.

New Goshree project will involve a reclamation of 25 hectres near Marine Drive. Where
reclamation is to be made is retained by a rubble wall. As a result of which when tide recedes
no land is exposed. High Tide and Low Tide Lines coincide as the water level against the
rubble wall will merely go down to lower level without touching the bed of the backwaters
and therefore land to be reclaimed would outside the CRZ. Serious impairment to aquatic
resources , ecology and environment are unlikely to result by reclamation of the small strip of
land along the existing marine drive .Prima facie finding that the land proposed will not come
within the CRZ areas. Decision held on facts.

Essar Oil Limited vs Halar Ukarsh Samiti. AIR 2004 SC 1834 : 2004 (2) JT 210 : 2004
(2) SCC 392 :2004 AIRSCW 573 : 2004 (1) Scale 584

Laying of pipelines through wildlife sanctuary – Not a bar – Permitted activity.

The laying of pipe lines is one of the exceptions to the general bar against any construction in
the CRZ-I areas. It cannot be said that the invariable consequence of laying of pipelines
through ecologically sensitive areas has been the destruction or removal of the wild life. It
would be ultimately be a question of fact to be determined by experts in each case. There is
no prior presumption of destruction of wildlife in the laying of pipe lines. Cases of oil spills
have undoubtedly been ecologically disastrous and have drawn the attention of the world but
no attention was drawn to any instance of leakage resulting from the laying of pipelines.

----------------------------------------------------------------------------------------------------------------

Goa Foundation vs Diksha Holdings Pvt. Ltd. 2001 (2) SCC 97 = AIR 2001 SC 184 =
2001 (2) Bomb LR 550

Construction of hotel – Sanction given by Ministry of Environment and Forest – No violation

Central Government has take due care in obtaining reports from the authorities to have a spot
inspection and report about the feasibility of the hotel project being cleared up . No violation
of CRZ area – Report of National Institute of Ocenography during the pendency of the
litigation that the construction would have the effect of demolition of the sand dunes. Report
does not indicate that there is violation of CRZ . Relevant factors have been considered by
the Ministry.

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PRAYER FOR RELIEF

WHEREFORE, in light of the issues raised, arguments advanced and authorities cited it is

most humbly and respectfully requested that this Hon’ble Court to adjudge and declare that :

Squash the aforementioned Public Interest Litigation

Or

The court may also be pleased to pass any other order, which this Hon’ble Court may deem

fit in light of justice, equity and good conscience.

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