S. Jagannath v. Union of India (AIR 1997 SC 811)

Quick Summary

The Supreme Court held that intensive and semi-intensive shrimp farms in protected coastal zones violate the CRZ Notification, 1991 and Article 21. The Court applied the precautionary principle and polluter pays, ordered closure of illegal farms, and directed ecological restoration and stronger regulation.

Issues

• Do intensive/semi-intensive shrimp farms in fragile coasts breach environmental law and fundamental rights?
• Are shrimp farms “waterfront/foreshore-dependent” under CRZ 1991? (If not, they cannot be in CRZ.)
• Should polluter pays fund restoration, beyond compensating victims?
• Did regulatory inaction violate Article 21 (right to a healthy environment)?

Rules

• Precautionary Principle: Prevent likely harm even if science isn’t conclusive; industry must prove safety.
• Polluter Pays: Polluters must compensate people and fund ecological restoration.
• CRZ 1991: Shrimp farming is not a foreshore-dependent industry; CRZ bars such siting.
• Article 21: Healthy environment is part of the right to life; coastal ecology and livelihoods must be protected.

Arguments — Appellant vs Respondents

Judgment

• Intensive/semi-intensive shrimp farming in CRZ is illegal and violates Article 21.
• Precautionary principle governs; uncertainty cannot delay protection.
• Polluter pays applied—compensate victims and fund ecological restoration.
• Shrimp farms are not “directly related” to waterfront or foreshore under CRZ 1991.
• Close violating commercial farms; permit only traditional/improved traditional aquaculture that does not harm ecology.
• Direct creation of a high-powered authority; require EIAs before allowing aquaculture projects.

Ratio Decidendi

Environmental safety trumps uncertain benefits. In sensitive coasts, industries that aren’t foreshore-dependent cannot be allowed. Where damage occurs, polluter pays for both compensation and restoration.

Why It Matters

This judgment guards mangroves, groundwater, and fishing livelihoods. It cements the link between Article 21 and a healthy environment, and shapes India’s coastal governance.

Key Takeaways

• CRZ bans non-foreshore-dependent industries like commercial shrimp farms.
• Use precaution: act early to prevent irreversible harm.
• Polluter pays: restore ecosystems, not only pay damages.
• Article 21 includes a right to a clean environment.

Mnemonic + 3-Step Hook

Mnemonic: SEA — Safeguard coasts, Exclude non-foreshore industries, Assign costs to polluters.

1. Is it foreshore-dependent? If no, keep it out of CRZ.
2. Risk present? Apply precaution and halt harm.
3. Damage done? Make polluter restore and compensate.

IRAC Outline

Glossary

CRZ

Coastal Regulation Zone rules that protect sensitive coastal areas from harmful development.

Foreshore-dependent

Activities that must be on the shoreline (e.g., ports). Shrimp farming does not qualify.

Precautionary Principle

Act to prevent serious or irreversible harm even without full scientific certainty.

Polluter Pays

Polluters bear costs of damage and restoration, not just compensation.

FAQs

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