In a pivotal decision on Friday, October 31, 2025, the Madras High Court issued an interim order restraining real estate firm Brigade Enterprises Limited from continuing construction activities at its Pallikaranai project in Chennai. This directive will remain in effect until November 12, allowing the Tamil Nadu government to complete a critical ‘ground truthing’ exercise to accurately delineate the boundaries of the 1,248-hectare Ramsar wetland site.
The interim order was delivered by the First Division Bench, comprising Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan, in response to a public interest litigation (PIL) petition. Filed by J. Brezhnev, an AIADMK legal wing office-bearer, the petition sought to invalidate a building plan permission granted to Brigade by the Chennai Metropolitan Development Authority (CMDA) on January 23 of the current year.
Senior counsel V. Raghavachari, representing the petitioner, argued that constructing high-rise residential apartments on land within the designated prohibited zone of the Pallikaranai marsh was illegal. He emphasized that the marsh has been recognized as a wetland of international importance under the Ramsar Convention, an intergovernmental treaty established in 1971.
Conversely, Advocate General P.S. Raman presented the state’s position, explaining that the core Pallikaranai marsh reserve forest spans 698 hectares and is managed by the forest department. He noted that an additional area of approximately 550 hectares needs to be clearly defined, and the ‘ground truthing’ process – identifying the ‘zone of influence’ – is actively underway.
Elaborating on ‘ground truthing,’ the Advocate General clarified that it involves comparing satellite imagery with on-site field observations and measurements. He stated that the National Centre for Sustainable Coastal Management initiated this process in Pallikaranai in November 2024, with completion anticipated within two weeks.
The A-G further pointed out that the land earmarked for Brigade’s real estate development might or might not ultimately fall within the final 1,248-hectare Ramsar site. He highlighted that the CMDA approved the building plan ten months prior, as the property was, at that time, a private ‘patta’ land, and the developer had also secured environmental clearance for the project.
He explained that the State Level Environment Impact Assessment Authority (SEIAA), a body established by the Central government in consultation with the State, granted the environmental clearance after inspecting the site. The CMDA’s approval for the building plan followed this clearance.
Mr. Raman also informed the court that both the Supreme Court and the National Green Tribunal are currently handling cases concerning the demarcation of Ramsar site boundaries for the Pallikaranai marsh. The Supreme Court had previously, on August 19, instructed the State government to finalize the ‘ground truthing’ exercise within two months, and the NGT had similarly urged an expedited process.
Developer Contends Land is Not a Wetland
Representing Brigade Enterprises, senior counsel C. Manishankar firmly stated that his client’s proposed construction site for high-rise residential apartments is dry land, not a wetland as alleged by the PIL petitioner. He noted that the patta – the official revenue record confirming immovable property ownership – for this specific land dates back to the 1980s.
Mr. Manishankar informed the court that securing the necessary permissions took his client 17 months, underscoring that the approval was not given hastily. When the judges emphasized the importance of preventing any damage to the land until the next hearing on November 12, Mr. Manishankar readily agreed, affirming the developer’s commitment to cooperate: “Certainly MiLords, it is in our own interest too, that we do not proceed further.”