Kerala High Court halts constructions in Kozhikode's Kottooli wetlands amid Ramsar process

The Kerala High Court recently directed authorities to ensure that no new construction takes place in the prohibited area of the Kottooli wetlands in Kozhikode while the process to declare the site as a Ramsar wetland is underway [Sarovaram Prakrithi Samrakshana Samiti v Ministry of Environment and Forests and Climate Change & ors]..A Division Bench of Chief Justice Somen Sen and Justice Syam Kumar VM observed that if permanent buildings or other developments are allowed in the Kottooli wetlands while the process to declare it a Ramsar site is still going on, then such action would defeat the very purpose of the Wetlands (Conservation and Management) Rules, 2017 (wetland rules) and the Ramsar convention, both meant to protect wetland.A Ramsar site is a wetland area that gets recognised as being 'internationally important' under the Ramsar convention, which is a global treaty to protect wetlands."We find merit in the submission. New constructions, if undertaken while the process is underway, would defeat the ultimate objective, as envisaged under the Wetlands (Conservation and Management) Rules, 2017 as well as the ‘Ramsar site Convention’," the Court stated..Pertinently, the Court directed both the State and Central authorities to finish the process to declare the site as Ramsar wetland within three months."Hence, we direct that the concerned authorities to expedite the process in this regard and complete the same within a period of three months. We also request the Union of India to co-ordinate the said activities so as to ensure that all steps to be completed from the part of the State and the Union towards securing the designation of Kottooli wetlands as a Ramsar Site are completed within the aforesaid period of three months," the Court added.The matter will be considered again on May 21. .The Court was hearing a petition filed by NGO Sarovaram Prakrithi Samrakshana Samiti alleging constructions and reclamation in the Kottooli wetlands area near Sarvovaram Bio Park, which could destroy the natural habitat and make it meaningless to later declare the area as a protected wetland.The State government informed the court that steps were already in progress to secure Ramsar status for the Kottooli wetlands and added that the required documents, including the Ramsar Information Sheet (RIS) describing the site's ecological importance, were prepared and approved by the State Wetland Authority Kerala (SWAK).The Bench was also informed that the proposal to designate the Kottooli Wetland as a Ramsar site was also in the process to be forwarded to the Wetlands Division, Ministry of Environment, Forest and Climate Change (MoEF&CC)..The Court stressed on the protection of biodiversity and ecology of the Kottooli wetlands and expressed hope that the Inion government would take an early decision to protect the site.Further, it directed the Kozhikode District Collector and the Kozhikode Corporation to strictly enforce the wetland rules and ensure that no new construction takes place in the prohibited zone.However, the Court also clarified that the legality of buildings already constructed at the site would be examined later while these structures remain intact until the final outcome of the case.It also ordered that the public be informed about the restrictions, so that residents, builders and developers would not construct anything new in that area by mistake..The petitioners were represented by advocate KM George.Special government pleader Nagaraj Narayanan appeared for the State.Standing counsel MP Prakash appeared for the Kerala State Wetland Authority.Advocate Lakshmi Meenakshi P appeared for the Central government.Advocate Praveen H represented one of the respondents, M/s Green Metro Developers and Builders Pvt Ltd.Advocate KM Firoz appeared for another respondent, Galaxy Building (Eleve Maison)..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.