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Kollapudi Gangadhar Vs. The State of Andhra Pradesh, Rep. by its Publi ...

Court : Andhra Pradesh

..... /a.1 under section 482 cr.p.c seeking to quash the proceedings in c.c.no.107 of 2015 on the file of the iv additional judicial first class magistrate, nellore, for the offences punishable under section 420 ipc and sections 3 and 7 of the coastal aquaculture authority act, 2005 (for short, the act'). 2. ..... even the 2nd respondent herein is the competent authority and the procedure to be adopted to take cognizance of the offence under section 14 of the act for violation of section 13(1) of the act is by filing a complaint before the learned magistrate under section 200 cr.p.c. ..... however, it is made clear that the competent authority concerned under section 15 of the act can maintain a private complaint before the learned magistrate concerned to proceed against the accused persons concerned, who ever they may be, for the penal consequences under the act along with ipc by virtue of this order. 7. ..... a perusal of the record shows prima facie there is no application of the offence under section 420 ipc, it is otherwise even premature, more particularly for the reason that section 15 of the act says no court shall take cognizance unless there is a written complaint filed by the competent authority. ..... the above crime is registered on the report of the 2nd respondent-de facto complainant-assistant director of fisheries, nellore, being the competent authority, under section 15 of the act. .....

High Court of Punjab and Haryana at Vs. M/S. Atma Tube Products Ltd. a ...

Court : Punjab and Haryana

..... coastal aquaculture authority act ..... in fact, the suggested recours.would substantially nullify the effect of the amendment made in section 378 by act no.25 of 2005 crm-790-ma-2010 final - 63 - and will re-introduce the unamended provision whereunder all appeals against acquittal used to be maintainable before the high ..... 2010 final - 68 - it deserves to be mentioned that there was no clash between section 378(1) as amended by act no.25 of 2005 and any other provision till the code was further amended by act no.5 of 2009. ..... to which no appeal shall lie from any judgement or order of a criminal court except as provided for by this code or by any other law for the time being in force .the code of criminal procedure (amendment) act, 2005:2005. ..... draftsman has inconversantly slipped up while drafting the proviso to section 372, when he overlooked section 378(1) as amended by act no.25 of 2005. ..... (100).the following table demonstrates the after-effects of the 2005 and 2009 amendments on appeals before different courts:- order state s victim will file passed by appeal lies appeal before before court where crm-790-ma-2010 final - 61 - accused will file ..... here to dissect section 378 of the code as amended in 2005 which reads as under :- 378. ..... the no right to appeal [1861].to the unconditional right to appeal [1898].followed by a conditional right to appeal [1973 code].and again unconditional right to appeal in some of the cases to be filed in the court of session [2005].in favour of the state. .....

Perambaduru Murali Krishna and ors. Vs. State of Andhra Pradesh and or ...

Court : Andhra Pradesh

Reported in : 2003(1)ALD597; 2003(1)ALT127

..... those observations were made while adverting to the question as to whether the provisions of the state legislations including that of the state of tamil nadu regulating the coastal aquaculture industries set up in the coastal areas were required to be in conformity and in consonance with crz notification issued by the government of india under section 3(3) of the environment (protection) act, 1986. ..... of ontario, air 1937 pc 82, while comparing the unlimited powers possessed by the legislature in a unitary state with that of federal legislature, which does not possess such absolute authority and whose authority is limited by a constitutional document and where the power is divided up between different legislatures in accordance with the class of the subject matter submitted for legislation, the privy council observed that 'the problem to be a complex one'. ..... union of india, : [1969]3scr254 , it has been observed by the supreme court that 'the executive authority in the state cannot acquire new rights against the citizens by making treaties with foreign powers. ..... the category-wise reservation is required to be provided by the state government and the local authorities in favour of the persons with disabilities in the public posts under their control.25. in s. .....

Karanam Radha Krishnaiah and Others Vs. Mandal Executive Magistrate an ...

Court : Andhra Pradesh

Reported in : 2001(2)ALD642; 2001(2)ALT329

..... formulation of clear-cut location guidelines and obtaining of approval from aquaculture authority under section 3(2)(v) of environment (protection) act to make them mandatory is the only ideal solution to avoid the re-occurrence of similar problems in future. 27. ..... no aquaculture farm has obtained authorisation from aquaculture authority. 12 ..... the petitioner prays for a consequential direction directing therespondents to remove all the bunds raised for practising aquaculture and demolish all structures, so that the tank is restored to its original depth and storage capacity ..... pollution control board, nellore accordingly submitted a detailed note on environmental problems due to formation of aquaculture ponds in krishnapatnam tank as observed during the visit of the area on 9-8-2000 along with the district collector ..... pollution control board to the effect that the acquaculture units are discharging large quantities of organic effluents, it is stated that the petitioners commenced the aquaculture without obtaining authorisation from the central aqua authority, chennai. ..... it is well known that vast stretches of india's coastal areas have come under siege while the bio-rich tropical forests and wetlands across the country are on the verge of decimation.37. ..... drawing of huge quantity of water in the coastal area may lead to salinisation of ground water due to intrusion. 15. ..... the supreme court noticed the damage so caused is higher than the earnings from the sale of coastal acquaculture produce. .....

S. Jagannath Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1997SC811; 1997(1)Crimes189(SC); JT1997(1)SC160; 1997(5)SCALE406; (1997)2SCC87; [1996]Supp9SCR848

..... must be borne by the individual entrepreneur of the commercial aquaculture farms in keeping with the polluter pays principle* no commercial coastal aquaculture activity should be undertaken even beyond 500 m htl unless a comprehensive and scientific environmental impact assessment (eia) study has been conducted by the entrepreneur, and the environment management plan (emp) approved by the respective state department of environment pollution control board, shore development authority, and also by the ministry of environment and forests. ..... effluent' includes any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any [industry operation or process, or treatment and disposal system], other than domestic sewage.section 25 of the water act provides that no person shall, without the previous consent of the state board establish any industry, operation or process, or any treatment and disposal system which is likely to discharge sewage or trade effluent into a stream or well ..... mehta has taken us through the notification dated february 19, 1991 issued by the government of india under section 3 of the environment (protection) act, 1986 (the act)(crz notification) and has vehemently contended that setting up of shrimp farms on the coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters upto 500 metres from the high tide line (htl) and the line between the low tide line (ltl) and the htl is totally .....

M.M.Rajendran Vs. The Secretary

Court : Kerala

..... regarding registration of the farm under the coastal aquaculture authority, the respondent bank would contend that, they have submitted ext.r1(b) application dated 18.01.2014 before that authority, after remitting the requisite fee vide ext.r1(c) banker's cheque dated 24.12. ..... that after the execution of ext.p1 lease agreement, the respondent bank failed to furnish copy of the possession certificate and location sketch of the land in question and also copy of the registration certificate issued by the coastal aquaculture society and the current license for prawn farming issued by the fisheries department and that, due to the defaults on the part of w.p. ..... was followed by ext.p5 representation dated 19.09.2014, the respondent bank failed to furnish copy of the possession certificate and location sketch of the land in question and also copy of the registration certificate issued by the coastal aquaculture society and the current license for prawn farming issued by the fisheries department. ..... r1(b) : photocopy of the application for registration of coastal aquaculture farm. ..... another (2006 (10) scc236 the apex court held that, ordinarily, a specific performance of contract would not be enforced by issuing a writ of or in the nature of mandamus, particularly when keeping in view the provisions of the specific relief act, 1963 damages may be an adequate remedy for breach of contract.6. ..... respondent bank is a co-operative bank registered under the kerala co-operative societies act, 1969. .....

Madireddy Padma Rambabu and ors. Vs. District Forest Officer, Kakinada ...

Court : Andhra Pradesh

Reported in : 2002(1)ALD728; 2002(3)ALT57

..... writ petitioners are those who have taken recourse to shrimp culture, prawn culture as also, aquaculture claimingthemselves to be freehold owners of agricultural lands contending that as no law is operating in the field prohibiting or regulating their activities, the revenue or the forest officers have been acting illegally and without jurisdiction in interfering therewith by either demolishing the tanks erected for that purpose ..... to such rights and privileges as are recognised or conferred on them by or under this act, and any other rights and privileges which may have accrued to them in the estate before the notified date against the principal or any other landholder thereof shall cease and ..... any other landholder and any other person whose rights stand transferred under clause (b) or cease and determine under clause (c), shall be entitled only to compensation from the government as provided in this act; (f) the relationship of landholder and ryot shall as between them, be extinguished; (g) ryots in the estate and person holding under them shall, as against the government, be entitled only ..... aquaculture industry/shrimp culture industry/shrimp culture ponds other than traditional and improved traditional may be set up/constructed outside the coastal regulation zone as defined by the crz notification and outside 1000 meter of chilka and pulicat lakes with the prior approval ofthe authority .....

Ratheesh K.R. Vs. State of Kerala

Court : Kerala

..... whether islands in the back waters of kerala are covered under the notification of 1991 and whether, at any rate, the stand of the coastal regulations and management authority is legally flawed by reason of the fact that the salinity test as contemplated in the amendment incorporated in 2002 is not fulfilled in considering the question as to whether the back water islands in kerala are covered by the ..... in our view, the declaration of the law by the framer of the law is clear and on the other hand, it is reinforced by the actions of those charged with the duty of implementing the same (the act of preparation of the plan) which unambiguously discloses the inclusion of not only the islands in question, but various other islands wherein restrictions have been imposed and enforced for a long period of time. ..... of police/deputy commissioner of police and the district magistrate/collector of the area to enforce this direction and close/demolish all aquaculture industries/shrimp culture industries shrimp culture ponds on or before 31-3-1997. ..... krishna poduval (2005 (4) klt947) a bench of this court took the view that once the period of limitation has run out and there is no power with the appellate authority to condone the delay in filing the appeal, the discretionary remedy under article ..... : a total extent of 211.06 ares (521.52 cents) comprised in various survey numbers is owned by the 8th respondent having obtained the same under sale deeds of the years 1999, 2000, 2001 and 2005. .....

Pulavarthy Ankaraju and ors. Vs. the Special Chief Secretary to Govt.,

Court : Andhra Pradesh

..... relation thereto as prescribed in form iv, if any, granted, is subject to the following conditions, (a) shrimp culture farm/shrimp culture ponds shall restart operation/be set up/constructed only after obtaining authorisation/ approval from the aquaculture authority; (b) the farm shall not deviate from the approved design and operation; (c) the farm shall not cause salinisation of soil or drinking water or wells; (d) the farm shall not cause increased sedimentation and health ..... . aquaculture industry/shrimp culture industry/shrimp culture ponds other than traditional and improved traditional may be set up/constructed 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 ..... the petitioners, on coming to know of the permission being granted to the respondents 6 to 20, made an application under right to information act, 2005, on 22.02.2010 for copies of the orders under which permission has been granted to the respondents 6 to 20 for conversion of their agricultural lands into fish tanks. ..... . aquaculture (quality control) act, 2006 have to be raised ..... the supreme court in s.jagannath's case (2 supra), and observed that the state is under a constitutional obligation to ensure the enforcement of the citizens' right to pollution free environment under the existing legislations like the environmental protection act and the coastal zone regulations .....

Manakunnam Village Padasekhara Samrakshana Samithi, Kandanad, Rep. by ...

Court : Kerala

..... , it was found that there was no need for the government instruction, for the reason that conditional clearance has already been obtained from the kerala coastal zone management authority, the local authority and other statutory functionaries; but for alerting such authorities/functionaries who have issued the clearance for the project, that they will ensure that the conditions under which the project was cleared or permission granted ..... the 7th respondent coastal zone management authority has filed a counter affidavit, pointing out that the government of india has issued crz notification 1991 for regulating the activities in the coastal zone of the entire country, in exercise of the powers under sections 3(1) and 3(2)(v) of the environment protection act 1986, read with rule 5(3)(a) of the environment ..... in the meanwhile, the 8th respondent company herein (lakshmi paper industries limited) came to be aggrieved of two orders dated 23.11.2005, whereby the district collector ernakulam rejected the prayer in a petition filed under clause 6 (2) of the kerala land utilization order to make use of the property purchased by them in the previous year for ..... circumstances, the predecessor-in-interest had obtained permission from the district collector to convert it as an agricultual-cum-aquaculture unit in the year 1984, vide ext. ..... that, because of high salinity, coconut palms are not yielding and that the property is not suitable for any gainful agriculture or aquaculture operation. .....