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Madras High Court Declines Pleas Against Construction Near Pallikaranai Ramsar Site

Pallikaranai Ramasar Site| Image Source: Timothy A. Gonsalves.

The Madras High Court on Tuesday declined to entertain a batch of petitions challenging the construction of a multi storey residential project near the ecologically sensitive Pallikaranai marshland in Chennai. A portion of the marshland has been designated as a Ramsar site, bringing it under international protection norms for wetlands.

The first bench comprising Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan observed that it could not conduct a parallel hearing when the Supreme Court is already seized of issues relating to wetlands across the country. The bench made it clear that any grievance concerning construction activities in Ramsar notified areas must be raised before the apex court.

The petitions were filed by advocate J Brezhnev, associated with the AIADMK Chennai legal wing, and the non governmental organisation Arappor Iyakkam. The petitioners sought to quash the environmental clearance and building plan approvals granted to the private developer for the project near the marshland.

According to the petitioners, development activities are prohibited within the Ramsar site and its surrounding zone of influence under the Wetlands Conservation and Management Rules. They contended that the project site falls within the notified Pallikaranai marsh reserve forest area, which spans over 3,000 acres. The NGO also urged the state government to transfer the remaining portions of the notified land to the forest department.

The court, however, refrained from expressing any opinion on the merits of the case and granted liberty to the petitioners to approach the Supreme Court for appropriate relief. The ruling is significant for real estate development in Chennai, particularly in environmentally sensitive zones, as it underscores the evolving judicial scrutiny over wetland protection and urban expansion.

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