The Madras High Court has decided to wait for a comprehensive report on the digital demarcation of Chennai's ecologically sensitive Pallikaranai marshland before ruling on a public interest litigation (PIL) that challenges a large residential construction project near the site. The court has extended its interim order maintaining the status quo on the construction work.
Court Awaits Crucial Wetland Boundary Report
On Wednesday, the Tamil Nadu Wetland Authority informed the first bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan that the identification of digital boundaries for the Pallikaranai marshland, which is a designated Ramsar site of international importance, is still pending. The authority, represented by P Wilson, stated that once this work is completed, a detailed report will be submitted to the court.
The bench explicitly noted that the PIL, filed against the construction of a residential complex within the Ramsar site, will be adjudicated only after receiving this crucial report. "Supreme Court has directed the conduct of ground truthing. We have asked for the report. If that report comes, we will decide what to be done on the matter," the judges observed. They emphasized the need to balance both sides of the argument.
Ground Truthing Nears Completion
Earlier during the proceedings, Advocate-General P S Raman provided an update on the ground truthing exercise, a vital process for verifying satellite data with direct on-site observations. He informed the court that 99.4% of the ground truthing work has been finished, and the remaining portion would require just one more day to complete.
The Wetland Authority further clarified that following the demarcation, it will proceed to identify the "zone of influence" around the marsh. This step is critical for determining what types of activities can be legally permitted in the surrounding area to protect the wetland's ecosystem.
Contentions in the PIL
The legal issue stems from a PIL moved by advocate J Brezhnev. The petition seeks to cancel the planning permission granted by the Chennai Metropolitan Development Authority (CMDA) for the construction of approximately 1,400 residential units on a 15-acre plot of land adjacent to the Pallikaranai marsh.
Opposing this plea, the state government has argued that the disputed land is not part of the marshland itself. It contends that the plot is private patta land officially classified as a mixed residential zone. Furthermore, the state highlighted that the CMDA's permission was granted solely based on the environmental clearance provided by the State Environmental Impact Assessment Authority (SEIAA), a central government agency.
The court had initially intervened in the matter on October 31, passing an interim order that restrained Brigade Enterprises Limited from advancing with the construction work. This restraining order has now been extended until the court reviews the pending report on the wetland's boundaries.