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The Madras High Court has refused to hear a batch of petitions opposing the proposed construction of a high-rise residential complex near the ecologically sensitive Pallikaranai marshland in Chennai, which includes a designated Ramsar site, judges said in court this week. Petitioners, including an advocate representing the AIADMK legal wing and the NGO Arappor Iyakkam, had sought to quash environmental and building plan approvals granted to the private developer and to restrain construction within a one-kilometre radius of the marshland, citing alleged violations of the Wetlands (Conservation and Management) Rules. However, a division bench led by the Chief Justice observed that matters concerning wetland protection were already before the Supreme Court and declined to conduct a parallel hearing, advising the petitioners to approach the apex court for relief. As a result, the interim stay on construction that had been in place was vacated.
The Madras High Court has declined to entertain multiple writ petitions challenging the approval and development of a large residential project proposed near the Pallikaranai marshland, a portion of which is designated as a Ramsar wetland of international importance in Chennai. The petitions, filed by the AIADMK legal wing's district secretary and the environmental group Arappor Iyakkam, sought orders to quash the environmental clearance and planning permission granted to the developer and to restrain further construction in the vicinity of the marshland. Advertisement
When the matters were taken up before a division bench comprising Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan, the Attorney-General representing the state informed the court that cases involving the protection, boundary delineation and management of the Pallikaranai marshland were already pending before the Supreme Court. The bench observed that it could not proceed with parallel proceedings on the same issue and advised the petitioners to present their pleas before the apex court instead. Consequently, the High Court dismissed the petitions and vacated the interim stay that had previously halted construction activities.
The housing project, developed by a private realty firm, has been controversial because of its proximity to the ecologically fragile marshland, which serves as a natural flood buffer and supports biodiversity in the region. The petitioners had contended that the approvals granted by the State Environment Impact Assessment Authority and planning authorities were in violation of the Wetlands (Conservation and Management) Rules, which prohibit construction within designated wetlands and their zone of influence. They also sought a direction to restrain any construction activity within a defined radius of the marshland.
The Supreme Court's involvement centres on detailed processes to delineate the Ramsar site's boundaries and its zone of influence, with a detailed demarcation report reportedly in preparation under direction from the apex court. This report is expected to inform regulatory and planning decisions concerning permissible activities around the wetland going forward.
With the High Court's refusal to hear the petitions, developers may now proceed subject to existing statutory clearances, while the consolidation of related environmental matters before the Supreme Court continues to shape the legal landscape surrounding construction near the Pallikaranai marshland.
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