Delhi experience a stark reminder that air pollution is a public health emergency: Madras High Court

The Delhi pollution crisis is a stark reminder that air pollution has become a public health emergency, noted the Madras High Court recently while vacating an interim order that had restrained the State from developing an ecological park at land earlier leased to the Madras Race Club (MRC) [State of Tamil Nadu and anr v. Madras Race Club and ors]..The Division Bench of Justices SM Subramaniam and Mohammad Shaffiq opined that the eco park sought to be developed by the Tamil Nadu government was the "need of the hour" in Chennai to combat flood risks and improve air quality in the city."It is necessary to reiterate the grave concerns surrounding air pollution and AQI levels, reduction of which forms a central part of the rationale behind the Eco park. Air pollution today is not merely an environmental issue; it has become a public health emergency. The experience of the citizens of Delhi in the recent past is a stark reminder, where escalating AQI levels have led to lock downs, closure of schools, disruption of public life, and severe health impacts, particularly for vulnerable groups such as children and the elderly," the Court said. .The Bench made the observation while setting aside a July 2025 interim order passed by a single-judge, which had halted eco park works at the MRC amid a legal dispute between the club and the State.The MRC had challenged the State government's decision to terminate a lease given in 1946 in its favour for horse racing and related activities on about 160 acres of land covering parts of Venkatapuram, Adyar and Velachery.The government had reclaimed the land by citing alleged violations of lease conditions and had sought to use the said land to strengthen four ponds and develop an eco park..A single-judge of the High Court in July ordered that status quo be maintained, which effectively halted the eco-park work on the property.The State challenged this status quo order before a Division Bench. It said that four ponds have already been dug up on the property to store excess rainwater and to tackle water inundation in flood-prone areas such as Velachery, Adambakkam, Madipakkam and Guindy. The State added that the proposed eco park could promote tourism and serve as a green cover and lung space for Chennai..On November 25, the Division Bench allowed the State's appeal. The Court said it is not going into the legality of the lease termination (which is still pending before the single-judge) but was quashing the single-judge's status quo order in public interest. "These projects are the need of the hour as far as Chennai is concerned. Over the last decade, the topography of the city has altered drastically due to unplanned/unauthorised construction of residential/commercial units over and close to water bodies while the city suffers from flooding due to rainfall resulting in large scale damage which at times has been catastrophic," it added. .Senior Advocate P Wilson and Special Government Pleader D Ravichander represented the State. .Advocate Vaibhav R Venkatesh represented the Madras Race Club. .[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.