Air Pollution Not Merely An Environmental Issue; It Has Become A Public Health Emergency: Madras High Court

The Madras High Court remarked that air pollution today is not merely an environmental issue; it has become a public health emergency.

The Court remarked thus in an Original Side Appeal preferred against the Order of ‘Status Quo’ in a suit instituted by the Madras Race Club.

A Division Bench of Justice S.M. Subramaniam and Justice Mohammed Shaffiq observed, “Eco park is intended to serve multiple purposes. Firstly, it is intended to mitigate the risk of flooding, which the city increasingly faces with each passing monsoon. Secondly, 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 Bench said that 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.

Senior Advocate P. Wilson and Special Government Pleader (SGP) D. Ravichander appeared for the Appellants, while Advocate Vaibhav R. Venkatesh appeared for the Respondents.

Case Background

A suit was instituted by the Respondent-Madras Race Club to declare Government Orders passed by the Revenue and Disaster Management Department, terminating the lease for an extent of 160.86 acres in Venkatapuram, Adyar and Velachery Villages of erstwhile Chengalpattu District now in Chennai District and the consequential letter and notice issued by the Government of Tamil Nadu as null and void. In the said suit, an Original Application was filed with the prayer not to dispossess the Respondent from the suit scheduled property.

An interim order of ‘Status Quo’ was granted by the Judge and thereafter, the application was finally heard and Orders were reserved by the Judge. It was submitted that since it was taking time for pronouncing Order in the said application, State filed the Original Side Appeal, compelled by the impending rains, inasmuch as the Order of "Status Quo", if were to continue would adversely impact the works commenced by the State in the suit scheduled property, which inter alia included development/strengthening of four ponds and an Eco Park conceived in larger public interest.

Reasoning

The High Court in the above context of the case, noted, “We are of the view that the proposed use of the suit schedule property for excavation and development of ponds and Eco park intended to function as lung space, would help maintain ecological balance and hygienic environment by reducing pollution, a step in our view in furtherance of Directive Principles which the State ought to endeavour to achieve as part of its Constitutional obligation. This reinforces the need to modify the order of “Status Quo” and permit State to proceed with the work of excavating, strengthening and development of ponds and Eco park.”

The Court said that land is a scarce commodity and it gets even more scarce in a cosmopolitan society like Chennai, and hence, to permit a group of private individuals to have control over such scarce public resource may also fall foul off Doctrine of Public Trust.

“It is trite that Courts would consider “public interest”, while dealing with interlocutory applications and would exercise restrain if grant of injunction is shown to adversely affect public interest. Interestingly, the Apex court held that while considering grant of stay which impedes projects conceived in public interest, courts would take into account the cost involved in staying the project and adequate provisions must be made in the interim order for reimbursement of cost in case the individual fails in the litigation after obtaining an order of injunction. In this regard it may be relevant to refer to the following judgments of Raunaq International Ltd. v. I.V.R. Construction Ltd., wherein the Supreme Court underscored that interim orders must not be issued without evaluating the balance of convenience, the public interest involved and the financial impact”, it observed.

The Court further noted that the projects viz., ponds and Eco park, on which work has commenced are firmly rooted in larger public interest and 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 remarked.

Conclusion

The Court also said that Eco park is intended to promote tourism and it would serve as a natural habitat to several species of flora and fauna.

“The findings in various reports including one referred supra would reveal serious systemic lapses in flood management and this in the considered view of this Court, demonstrate an urgent and compelling need for the State to undertake remedial, preventive and long-term infrastructural measures. The present projects viz., excavation and development of 4 ponds and creating of an Eco park, is conceived to improve air quality, reducing pollution sources, and preventing the city from being inundated/ravaged by floods due to rains and being pushed into the same cycle of environmental crisis”, it emphasised.

The Court, therefore, concluded that there is an overarching public interest in ensuring that the projects proposed in the suit schedule property are proceeded with unhindered/unimpeded.

Accordingly, the High Court allowed the Appeal, modified the Status Quo Order, and permitted the State to carry out all works related to strengthening/development of ponds to store excess rain water while permitting the development of Eco park which is conceived to mitigate adverse impact of floods, promote tourism, reduce pollution and serve as a natural habitat for several flora and founa species.

Cause Title- The State of Tamil Nadu & Anr. v. Madras Race Club & Ors. (Neutral Citation: 2025:MHC:2729)

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