Madras HC Stays Brigade Construction in Pallikaranai Ramsar Site
The Madras High Court has issued an interim order staying the construction of 1,400 residential units by real estate developer Brigade Morgan Enterprises on the Pallikaranai marshland, a protected Ramsar site in Chennai. The order, passed on Friday, October 31, will remain in effect until November 12, 2023.
A Bench comprising Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan issued the stay in response to a public interest litigation (PIL) filed by J Brezhnev, the Chennai legal wing district secretary of the All India Anna Dravida Munnetra Kazhagam (AIADMK). Brezhnev alleged that the Chennai Metropolitan Development Authority (CMDA) had illegally granted permission for the project within the ecologically sensitive marshland area.
The case also references recent allegations by the Anti-corruption NGO Arappor Iyakkam that various government departments in Tamil Nadu colluded to grant illegal permissions for the real estate project inside the Pallikaranai marshland Ramsar site. The Pallikaranai marshland was declared a Ramsar site in April 2022. A Ramsar site is designated under the Ramsar Convention on Wetlands, an intergovernmental treaty for the conservation and wise use of wetlands.
The Pallikaranai marshland is a critical freshwater and partly saline wetland that acts as an aquatic buffer for the flood-prone Chennai and Chengalpattu districts. According to Ramsar site data, this land is home to 115 bird species, ten mammals, 21 reptiles, ten amphibians, 46 fish, nine molluscs, five crustaceans, and seven butterfly species. The marshland's ecological significance underscores the importance of protecting it from developmental activities.
Senior counsel Ragavachari, representing the petitioner, argued that the CMDA's approval violated the Wetlands (Conservation and Management) Rules 2017, which prohibit developmental activities within Ramsar-notified wetlands or their one-kilometre zone of influence. Advocate General PS Raman, representing the state government, countered that the construction site lies outside the marshland and that not all of the land is classified as marsh areas.
Raman informed the court that the government, in line with Supreme Court directions, is currently measuring the marshland area, a process expected to be completed within two weeks. He further stated that the State Environment Impact Assessment Authority (SEIAA) had already granted environmental clearance for the project, based on which the CMDA issued permission.
However, the Bench expressed concern over the CMDA granting clearance before the exact boundaries of the Ramsar site were finalized. The judges emphasized the importance of protecting the Pallikaranai marsh, noting that both the Supreme Court and the National Green Tribunal’s (NGT) Southern Zonal Bench have previously taken a serious view of encroachments and development in the area.
The court directed the Tamil Nadu and Union governments to file their responses and barred any further construction activity until November 12, when the case will be next heard.
