Case: Establishment of Aqua Culture Farm

Facts of the Case:

• Subha & Co. set up an aquaculture farm in a coastal area.
• A farmer’s association raised objections, claiming pollution of land and water due to the aquaculture farm.

Issue in the Case:

• Whether Subha & Co. can justify their establishment of the aquaculture farm based on their right to carry on a lawful trade or occupation.

Principle:

• The right to carry on any lawful trade or occupation is subject to reasonable restrictions, especially if it poses risks to public health or the environment.
• Article 21 of the Indian Constitution guarantees the right to a healthy and hygienic living environment.
• Environmental laws and regulations may impose limitations on certain industries to prevent pollution and protect natural resources.
• Supreme Court judgments have upheld the need for strict environmental standards and impact assessments for industries, particularly those with potential environmental risks.

Judgment:

• Subha & Co. cannot assert their right to carry on any lawful trade or occupation as a defense against the objections raised by the farmer’s association.
• The establishment of the aquaculture farm must comply with environmental laws and regulations, ensuring that it does not cause pollution or harm to the coastal ecosystem.
• The Supreme Court has emphasized the importance of environmental impact assessments and strict standards for industries, particularly those that may impact the environment.
• In cases where pollution or environmental degradation is evident, industries may be required to cease operations or implement measures to mitigate their impact.
• Subha & Co. must adhere to environmental regulations and obtain necessary permits, including undergoing environmental impact assessments, to ensure compliance with environmental laws and protection of public health and the environment.