Remanded

Rajendra Shah vs

NGT9 Jul 2025Original Application No. 305/2025

Case brief

AI extract

What is this about?

The applicant alleged illegal shrimp ponds causing environmental degradation on government land in Gujarat. The Tribunal found prima facie grounds, constituted a Joint Committee to investigate, and transferred the matter to the Western Zone Bench at Pune for further hearing.

What did the court decide?

Constitution of a Joint Committee to investigate grievances and transfer of the application to the Western Zone Bench at Pune for further hearing.

Rajendra Shah vs — Environment and Pollution | NGT (2025)

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Item No. 03

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Court No. 2

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 305/2025

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Rajendra Shah Applicant Versus State of Gujarat & Ors. Respondents

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Date of hearing: 09.07.2025

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant: Mr. Rajendra Shah, Applicant in person (through VC).

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ORDER

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The applicant-Mr. Rajendra Shah, Board Member, Animal Welfare Board, Government of Gujarat, resident of E-502, Sadguru Vatika, Airport Road, Rajkot, Gujarat has sent the present letter petition dated 07.02.2025 to this Tribunal which has been treated and registered as Original Application No. 305/2025 for exercise of suo motu jurisdiction.

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The relevant part of the letter petition enumerating grievances of the

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applicant is reproduced as follows:-

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“Subject: Urgent Action Required: Illegal Shrimp Ponds on Government Land in Surat District, Gujarat

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X X X X. I am writing to bring to your attention a grave environmental issue that requires immediate action. Illegal shrimp ponds, worth approximately Rs. 10,000 crore, have been operating on government land in Surat district, Gujarat, for the past decade. Despite repeated complaints by the gram panchayat and local residents, no action has been taken by the concerned authorities.

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According to information obtained under the Right to Information (RTI) Act from the district land registry department, a total of 1,343.9 hectares (1,34,39,000 sq.m.) of land in Olpad taluka of Surat district is covered with shrimp ponds. Furthermore 5,641 illegal shrimp ponds are operating on government land in Majura taluka of Surat city, covering an area of 4,039 hectares.

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This land falls under the Coastal Regulatory Zone (CRZ) area, and prior approval from the Gujarat Coastal Zone Management Authority is required. However, no such approval has been obtained by the encroachers.

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The illegal shrimp ponds are not only causing environmental degradation but also resulting in electricity and water theft. Local farmers are facing severe water scarcity due to the shrimp farmers' unauthorized use of water, facilitated by their connections with government officials.

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Moreover, the large-scale conversion of land for shrimp ponds has led to soil salinization, rendering the land unfit for agriculture.

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This has resulted in the loss of fertile land, affecting the livelihoods of local farmers and the food security of the region. The salinization of land also poses a significant threat to the environment, as it can lead to the destruction of natural habitats and the loss of biodiversity.

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I urge you to take immediate action against the concerned authorities who have failed to take action against the culprits. This is a serious matter that affects not only the environment but also the livelihoods and health of local residents. I request you to invoke the relevant laws, including:

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1. Environment (Protection) Act, 1986

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2. Coastal Zone Management Notification, 2011

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3. Wildlife (Protection) Act, 1972

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4. Water (Prevention and Control of Pollution) Act, 1974

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5. Gujarat Land Revenue Code, 1879 to address this issue.

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I request you to:

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1. After moving all fish safely into the ocean without cruelty to fish, order the demolition of all illegal shrimp ponds recovering costs from the encroachers.

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2. Direct the Gujarat government to immediately stop the illegal shrimp ponds and restore the land to its original state.

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3. Direct the concerned authorities to take action against the officials who have failed to take action against the culprits..

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4. Ask the Gujarat government to take measures to prevent soil salinization and restore the fertility of the land. I would appreciate it if you could look into this matter urgently and take necessary actions to prevent further environmental degradation and restore the ecological balance in the region. Thank you for your attention to this critical matter.”

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Prima facie the averments made in the application raise substantial

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questions relating to environment arising out of the implementation of the enactments specified in Schedule-I to the National Green Tribunal Act, 2010.

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In view of the averments made in the application, we consider it appropriate to have response of (1) State of Gujarat through Principal Secretary, Forest and Environment Department, Government of Gujarat, (2) Principal Secretary, Fisheries Department, Government of Gujarat, (3) District Magistrate, Surat and (4) Gujrat State Pollution Control Board (GSPCB) who are impleaded as respondents no. 1 to 4. The Registry is directed to prepare and attach memo of parties to the application and issue notices to respondents no. 1 to 4 requiring them to file their reply/response within two months.

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In view of the environmental questions involved in the case, we also consider it appropriate that a Joint Committee be constituted to verify the factual position and suggest appropriate remedial action. Accordingly, we constitute a Joint Committee comprising of officers duly authorized by GSPCB and District Magistrate, Surat and direct the same to meet within two weeks, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponents, verify the factual position and suggest appropriate remedial action. The Gujarat State Pollution Control Board will be the nodal agency for coordination and compliance.

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Even though in the present case cognizance has been taken by this Bench on the basis of letter petition received by post with approval and assignment under order of Hon’ble Chairperson, but in view of the facts and circumstances of the case including the fact that the place of accrual of cause of action lies within jurisdiction of the Western Zone Bench of this Tribunal at Pune we are of the considered view that it will be appropriate if the case is further heard by the Western Zone Bench of this Tribunal at Pune.

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Accordingly, the Registry is directed to list the matter before the Western Zone Bench of this Tribunal at Pune on 15.09.2025 after obtaining orders from Hon’ble the Chairperson for transfer of the case.

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Report of the Joint Committee may be filed by GSPCB and replies/ responses may be filed by respondents no. 1 to 4 before the Western Zone Bench of this Tribunal at Pune within two months.

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A copy of this order be sent to the GSPCB and District Magistrate, Surat by email for requisite compliance.

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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July 09, 2025 Original Application No. 305/2025

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Rajendra Shah vs

Case brief

What is this about?

What did the court decide?

Rajendra Shah vs

Case brief

What is this about?

What did the court decide?

What the court decided

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