Construction activities around Pallikaranai marshland can be regulated, not banned: TNSWA to Madras HC
2-minute summary
The Tamil Nadu State Wetlands Authority (TNSWA) has informed the Madras High Court that construction activities around the 1,247.54-hectare Pallikaranai marshland in Chennai can be regulated through a site-specific 'Zone of Influence' (ZoI) rather than being subjected to a blanket ban. This submission comes in response to petitions challenging a National Green Tribunal (NGT) order that imposed a uniform 1 km construction ban around the wetland. The National Centre for Sustainable Coastal Management (NCSCM) proposed an interim ZoI based on the Guidelines for Implementing the Wetlands (Conservation and Management) Rules, 2017. Due to the highly urbanized and heterogeneous nature of the marshland's boundary, the NCSCM recommended a variable-width approach ranging from 0 meters to over 100 meters across different segments of the 77.85 km boundary. This site-specific model considers existing drainage pathways, low-lying areas, and satellite wetlands, offering a balanced regulatory framework instead of a rigid, uniform basin-based restriction.
Why it's in the news
The Tamil Nadu State Wetlands Authority (TNSWA) has submitted a scientifically delineated, variable-width interim 'Zone of Influence' map to the Madras High Court. This proposed plan aims to regulate, rather than completely ban, construction activities around the ecologically sensitive Pallikaranai marshland, challenging a previous blanket 1 km ban imposed by the National Green Tribunal.
Background and context
The Pallikaranai marshland is one of the last remaining natural wetlands of Chennai and is a designated Ramsar site. Over the years, rapid urbanization, encroachment, and municipal waste disposal have severely degraded its ecosystem. To protect the marshland, the National Green Tribunal (NGT) previously imposed a blanket ban on all new construction activities within a uniform 1 km radius of its boundary. This directive was challenged by real estate bodies, including the Confederation of Real Estate Developers Association of India (CREDAI), who argued that a uniform ban was impractical in a highly urbanized landscape. Consequently, the TNSWA commissioned the National Centre for Sustainable Coastal Management (NCSCM) to scientifically delineate a 'Zone of Influence' (ZoI) under the Wetlands (Conservation and Management) Rules, 2017. The resulting interim report advocates for a site-specific, variable-width ZoI to balance urban development and ecological conservation.
Constitutional provisions
- Article 48A — Directive Principles of State Policy directing the State to endeavor to protect and improve the environment and safeguard forests and wildlife.
- Article 51A(g) — Fundamental Duty of every citizen to protect and improve the natural environment including forests, lakes, rivers, and wildlife.
- Article 21 — Right to life, which has been judicially interpreted by the Supreme Court to include the right to a clean and healthy environment.
Committees and reports
- Interim Zone of Influence Report for Pallikaranai Marshland by NCSCM — Proposes a variable-width, site-specific zone of influence (ranging from 0m to over 100m) to regulate construction around the wetland based on local hydrological and land-use characteristics.
Government schemes
- National Plan for Conservation of Aquatic Eco-systems (NPCA) — The principal scheme for the holistic conservation and management of identified wetlands and lakes in the country.
International organisations
- Ramsar Convention on Wetlands — Pallikaranai Marshland is a designated Ramsar Site (Wetland of International Importance), placing international obligations on India to ensure its 'wise use' and ecological conservation.
Previous UPSC questions on this theme
- Mains GS-3 2018 — What is wetland? Explain the Ramsar concept of 'wise use' in the context of wetland conservation. Cite two examples of Ramsar sites from India.
Mains practice: Discuss the significance of the 'Zone of Influence' (ZoI) concept under the Wetlands (Conservation and Management) Rules, 2017. How can a site-specific, variable-width ZoI resolve the conflict between urban development and ecological conservation?
The Wetlands (Conservation and Management) Rules, 2017, define the 'Zone of Influence' (ZoI) as the area where developmental activities are likely to induce adverse changes in the structure and ecological functioning of a wetland ecosystem. Delineating this zone is crucial for balancing ecological preservation with urban expansion, as highlighted by the recent case of Chennai's Pallikaranai marshland.
Significance of the Zone of Influence (ZoI):
• Ecological Buffer: It acts as a protective buffer, regulating land-use changes, waste disposal, and construction activities that directly impact the wetland's hydrology and biodiversity.
• Regulatory Clarity: It provides a legally defined boundary within which specific activities are prohibited, regulated, or permitted, preventing arbitrary administrative or judicial bans.
• Hydrological Connectivity: It ensures that catchment areas, inlet channels, and satellite wetlands feeding the main wetland are protected from fragmentation.
Resolving the Conflict via Site-Specific, Variable-Width ZoI:
• Addressing Heterogeneity: Urban wetlands are surrounded by highly dense, built-up areas. A blanket ban (e.g., a uniform 1 km radius) is socio-economically disruptive and legally contested.
• Scientific Rationality: As proposed by the National Centre for Sustainable Coastal Management (NCSCM), varying the ZoI width (from 0m to over 100m) based on local topography, drainage pathways, and existing structures allows for targeted conservation.
• Implementing 'Wise Use': It aligns with the Ramsar Convention's principle of 'wise use' by allowing sustainable, regulated development in less sensitive zones while strictly protecting critical ecological corridors.
In conclusion, a site-specific, variable-width Zone of Influence offers a pragmatic, scientifically sound compromise. By moving away from rigid blanket bans toward dynamic, regulated buffers, India can foster sustainable urban development while safeguarding its vital wetland ecosystems.
Prelims practice questions
Q1. With reference to the Wetlands (Conservation and Management) Rules, 2017, consider the following statements: 1. The rules define the 'Zone of Influence' as the area where developmental activities are likely to induce adverse changes in the wetland ecosystem. 2. The authority to identify and notify wetlands under these rules lies solely with the Central Government. Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer: A. Statement 1 is correct as per the MoEFCC guidelines. Statement 2 is incorrect because the State Wetland Authorities (SWAs) have the primary responsibility to identify and recommend wetlands for notification, not solely the Central Government.
Q2. The Pallikaranai marshland, which was recently in the news regarding the delineation of its 'Zone of Influence', is located in which of the following states?
- Kerala
- Karnataka
- Andhra Pradesh
- Tamil Nadu
Answer: D. Pallikaranai marshland is a prominent freshwater marsh located in Chennai, Tamil Nadu, and is designated as a Ramsar site.
Q3. Which of the following organizations prepared the proposed interim 'Zone of Influence' map for the Pallikaranai marshland submitted to the Madras High Court?
- National Centre for Sustainable Coastal Management (NCSCM)
- Central Pollution Control Board (CPCB)
- Wildlife Institute of India (WII)
- National Biodiversity Authority (NBA)
Answer: A. The National Centre for Sustainable Coastal Management (NCSCM) prepared the proposed interim Zone of Influence (ZoI) map and report at the request of the Tamil Nadu State government.
Revision flashcards
- What is the 'Zone of Influence' (ZoI) of a wetland under the 2017 Rules? The area where developmental activities are likely to induce adverse changes in the structure and ecological functioning of the wetland ecosystem.
- Which body prepared the interim ZoI report for the Pallikaranai marshland? The National Centre for Sustainable Coastal Management (NCSCM).
- Why did real estate developers challenge the National Green Tribunal's (NGT) initial order on Pallikaranai? The NGT had imposed a blanket, uniform 1 km construction ban around the wetland, which developers argued was unscientific and economically disruptive.
- What approach did the NCSCM adopt for the Pallikaranai ZoI instead of a uniform basin-based approach? A site-specific, variable-width approach (ranging from 0m to over 100m) due to the heterogeneous, highly urbanized nature of the wetland's boundary.
- Under which central rules are State Wetland Authorities (SWAs) constituted in India? The Wetlands (Conservation and Management) Rules, 2017, issued under the Environment (Protection) Act, 1986.