The court emphasized the Public Trust Doctrine, ruling that wetlands must be protected from alienation for private use, reaffirming their importance for public benefit and environmental sustainability.

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:

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