HC refuses to hear pleas against construction near Pallikaranai

Chennai: Madras high court on Tuesday refused to hear a batch of pleas moved against the construction of a multi-storey residential complex by a private realtor near Pallikaranai marshland, a portion of which is a declared Ramsar site.The first bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan categorically observed that it cannot conduct a parallel hearing when the Supreme Court was already seized of the issues concerning wetlands not only in Tamil Nadu, but across the country.
The litigants, including AIADMK Chennai legal wing secretary advocate J Brezhnev and NGO Arappor Iyakkam, are free to approach the Supreme Court for any relief, the bench added.The issue pertains to construction commenced by brigade enterprises limited near the Pallikaranai marshland. Alleging that such developmental activities are prohibited in the Ramsar site area and its surroundings, the petitioners moved the high court seeking to quash the environmental and building plan approval granted for the project.According to Arappor Iyakkam, the construction site falls under the Pallikaranai marshland, which is a declared Ramsar site. No construction shall be permitted in the periphery of the Ramsar site as per the Wetlands (Conservation and Management) Rules."The Pallikaranai marsh reserve forest site-Ramsar site covers a total of 3,082.74acres of land, of which only 1,717.08acres were handed over to the forest department," the NGO said, and sought the court to direct the govt to hand over the remaining land falling under the Ramsar site to the forest department.Brezhnev contended that the state environmental impact assessment authority (SEIAA), which granted clearance for the construction, acted in blatant violation of the Wetlands (Conservation and Management) Rules. It failed to appreciate that no developmental activities can be permitted within the Ramsar-notified wetlands or their zone of influence, he said.