Context:
The Gujarat High Court dismissed Tata Chemicals’ claim over legacy wastewater channels at its Mithapur plant and held it responsible for ecological damage to the Gulf of Kutch Marine Sanctuary. The Gujarat Pollution Control Board (GPCB) must assess the damage and determine restoration measures and compensation.
Explanation:
- The Gulf of Kutch is an inlet of the Arabian Sea along Gujarat’s coast. Its protected marine area lies in the intertidal zone along the Jamnagar coast and islands.
- It is India’s first Marine National Park and includes 42 islands, coral reefs, mangroves, mudflats, creeks, estuaries and rocky shores.
- Marine national parks and sanctuaries are protected under the Wildlife (Protection) Act, 1972.
- Industrial effluent is regulated principally through the Water Act, 1974 and Environment (Protection) Act, 1986.
- GPCB is the state authority responsible for preventing and controlling water and air pollution.
- The Polluter Pays Principle requires the polluter to bear both compensation and ecological-restoration costs.
- Related environmental principles include the Precautionary Principle, Sustainable Development and Public Trust Doctrine.
- Mangroves act as fish nurseries, stabilise sediments and protect coral reefs from excessive sedimentation.
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