Air Pollution Not Just An Environmental Issue, But A Public Health Emergency, Says Madras HC 

Air pollution is not a problem restricted to Delhi and its surrounding regions. Southern states are also grappling with the issue. In a recent judgment, the Madras High Court modified an earlier order and allowed the continuation of flood mitigation work. The case involved 160.86 acres of land in several districts in Chennai, which the State of Tamil Nadu wants to develop as an Eco Park and water retention pool.

The court stated, “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 experience of the citizens of Delhi in the recent past is a stark reminder, where escalating AQI levels have led to lockdowns, closure of schools, disruption of public life, and severe health impacts, particularly for vulnerable groups such as children and the elderly.”

The matter started when the Madras Race Club, along with its three associated bodies, challenged a government order dated September 6, 2024. In this order, the Club’s lease for 160.86 acres of land located in Venkatapuram, Adyar, and Velachery Villages was terminated. The Club filed a suit in 2025, seeking an order declaring the lease termination null and void. A single judge bench granted an interim ‘Status Quo’ on July 4, 2025. This meant the State could not dispossess the Club of the property, and thus, could not start building the Eco Park.

In response to the order, the State filed an Original Side Appeal, seeking removal of the status quo, citing impending rains and the need to build the Eco Park and develop ponds.

Arguments

The counsel of the State argued that the status quo order is hindering the development of an environmental infrastructure project, which is planned in the interest of the public. The counsel argued that the project is a crucial measure to mitigate the damage caused by floods. The Eco Park and ponds are planned to store the excess rainwater and protect areas including Velachery, Madipakkam, and Guindy from inundation.

The State also contended that the public resource (land) is scarce and giving it to the private individual after termination of the lease, especially when the land is needed for the common good, is against the Doctrine of Public Trust and Article 39(b) of the Constitution.

• The Doctrine of Public trust is a foundational principle in law, according to which the government is the trustee of the natural and other resources that it should keep with itself for the public interest and collective welfare.

• Article 39(b) also ensures that the resources of the community are used for the common good.

The counsel of the respondent (Madras Race Club), on the other hand, argued that the status quo order should be held.

Court Observation

The high court observed that the initial status quo order needs to be interfered with because it stalls the project, which is conceived in the public interest. After evaluating the documents and drawing on reports, particularly the report titled “Chennai Floods 2015 – A Rapid Assessment” by the Interdisciplinary Centre for Water Research, IISc, Bangalore, the court highlighted the devastation of the 2015 floods in Chennai. The floods claimed 470 lives and a financial loss of around $3 billion.

The bench noted that systemic lapses in flood management need urgent action. It stated, “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.”

Court Judgment

The high court concluded that there is an overarching public interest and the project in question needs to proceed without hindrances. It ordered, “We are thus inclined to modify the order of "Status Quo" and permit 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 fauna species.”

The appeal was thus allowed, and the petition was closed.