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2024 Supreme(Mad) 2222
IN THE HIGH COURT OF JUDICATURE AT MADRAS
SANJAY V. GANGAPURWALA, C.J., D. BHARATHA CHAKRAVARTHY, J.
I.H. Sekar - Petitioner
Versus
The Additional Secretary to Government of Tamil Nadu, Revenue and Disaster Management Department - Respondent
W.P.No.7349 of 2020
Decided On : 02-02-2024
Important Points
Subject
Environmental Law - Wetlands Protection
Act Referred
CONSTITUTION OF INDIA : Art.226, Art.48(a), Art.51(a)
WETLAND CONSERVATION AND MANAGEMENT RULES : R.4
Headnote
(B) Public Trust Doctrine - The State is a trustee of natural resources meant for public use and enjoyment, and cannot convert them into private ownership. (Paras 5.5, 5.6)
(C) Environmental Protection - The court reiterated the importance of maintaining wetlands and preventing their conversion for developmental purposes, citing previous judgments and the Ramsar Convention. (Paras 5.8, 5.12)
Facts of the case:
The petitioner, an environmental organization, challenged the alienation of land classified as 'Backwaters' for educational use by the Indian Statistical Institute, arguing it is essential for flood control. The respondents claimed the land is 'Punjai Tharisu' and suitable for development.
Findings of Court:
The court quashed the Government Order, ordered resumption of the land, and mandated restoration to its natural state as 'Kazhuveli - Backwaters'.
Issues: The main issues were the classification of the land and the legality of its alienation for educational purposes.
Ratio Decidendi: The court ruled that the land's classification as 'Tharisu' was erroneous and emphasized the need to protect wetlands under the Public Trust Doctrine, rejecting the alienation for development.
Result: Writ Petition allowed.
For the Petitioner: Mr. V.B.R. Menon.
For the Respondent: Mr. P. Muthukumar, State Government Pleader, Mr. P. Neelakandan, for M/s. Menon, Karthick, Mukundan.
ORDER :
(D. Bharatha Chakravarthy, J.)
(Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records of the Government Order in G.O.(Ms).No.155 Revenue [LD7(2)] Department, dated 16.05.2014 issued by the 1st respondent transferring an extent of 3.23.80 Hectares out of 15.30.00 Hectares of land in S.No.176 of Karapakkam village, Sholinganallur taluk, Chennai district in favour of 7th respondent and to quash the same and consequently, direct the 3rd respondent to cancel the revisions made in the revenue records pursuant to the impugned order.)
A. Prelude:
| I | II |
| The city of Chennai and the adjoining areas are dry areas known for hot and humid conditions. They receive rains on very few days in a year. | The city of Chennai and the adjoining areas have innumerable wetlands including Ramsar site of Pallikaranai marshland and different types of wetlands including Marine, Estuarine, Lacustrine, Riverine, and Palustrine wetlands all around. |
| The city of Chennai and its adjoining districts suffer from acute water shortage necessitating bringing in drinking water from the Krishna river from Srisailam to Chennai by constructing a canal of about 300 kms and Cauvery river water from Veeranam lake by constructing a pipeline of 235 kms. De-salination plants are also built to augment supply from Sea Water | The city of Chennai and its adjoining districts repeatedly face flood threats, millions of houses and properties submerge under the water and the estimated loss on account of the floods in the year 2015 is Rs.300 crores and in the year 2023 is Rs.2000 crores. The Government is spending more than 2000 crores in building storm water drains. |
1.1. Ironically, all of the above in column - I & II are true and in this background, we proceed to decide the present case.
B. The Petition :
2. This Writ Petition is filed challenging G.O.(Ms).No.155 Revenue [LD7(2)] Department, dated 16.05.2014, thereby, transferring an extent of 3.23.80 hectares out of 15.30.00 hectares of land in S.No.176 of Karapakkam village, Sholinganallur taluk, Chennai district in favour of the seventh respondent and to quash the same and consequently, direct the third respondent to cancel the revisions made in the revenue records pursuant to the impugned order and for such further or other orders.
C. The Case of the Parties:
3. This is a Public Interest Litigation filed by the petitioner who is the Founder and Managing Trustee of an organisation namely, The Nature Trust, formed with an object of protecting the environment and natural resources.
3.1. It is the case of the petitioner that about 38 acres of land in S.No.176, Karapakkam village, Sholinganallur taluk, Chennai district is classified as ‘Backwaters’ in the revenue records. The said land lies adjacent to Buckingham Canal. It is a wetland which the respondents are legally bound to protect and preserve from alienation, reclassification or conversion into alternate uses. The Buckingham Canal receives excess water from Pallikaranai marshlands and discharges into the Sea and acts as a protective shield for the Chennai city. It is extremely crucial to avoid / mitigate the effects of floods during excess rains and high tides in the Sea such as Tsunami. It is with this crucial purpose, much low lying wetlands on either side of Buckingham Canal are classified as backwaters. While so, subdividing an extent of 3.23.80 hectares by the impugned Government Order, the same is alienated to the seventh respondent to establish a campus for the Indian Statistical Institute. Upon coming to know of the same, the petitioner filed A.No.247 of 2016 before the National Green Tribunal, Southern Zone, Chennai to restrain the respondents from putting up any kind of construction in such backwater lands. However, the National Green Tribunal, Southern Zone, Chennai held that it lacks jurisdiction to deal with the
