NGT Halts Road Widening Through Odiyur Lagoon, Directs Tamil Nadu Highways Dept to Comply with CRZ Norms
Pranav B Prem
The National Green Tribunal (NGT) Southern Zone Bench has directed the Tamil Nadu State Highways Department to halt its plan to widen the road across the ecologically sensitive Odiyur Lagoon near Cheyyur in Chengalpattu district, citing violations of the Coastal Regulation Zone (CRZ) Notification, 2011 and the irreversible damage such development could cause to the wetland ecosystem and migratory bird habitat.
Background
The matter was taken up following a petition filed by K. Saravanan and M. Yuvadeeban, who sought directions against the upgradation of an existing embankment road connecting Cheyyur to Panayur. The petitioners contended that the existing road embankment, constructed in 2014, severely impedes the tidal flow in the Odiyur lagoon—a designated CRZ area and wetland mapped under the National Wetland Inventory Assessment (2011). They argued that any road in such a tidal wetland should have been built on stilts as per Clause 8 of the CRZ Notification, 2011.
Key Observations by the Tribunal
The bench comprising Justice Pushpa Sathyanarayana (Judicial Member) and Dr. Satyagopal Korlapati (Expert Member) held that the road was constructed without prior clearance from the Tamil Nadu State Coastal Zone Management Authority (TNSCZMA). The tribunal further observed that except for two minor 40-metre bridges along the 900-metre stretch, the entire road had been embanked, thereby impeding tidal exchange and altering the wetland’s hydrology.
The Tribunal took note of the ecological significance of the Odiyur lagoon, which is home to over 77 species of birds, including several that are listed as threatened under the IUCN Red List. These include migratory birds like Northern Pintail, Garganey, and Sand Plover, as well as protected resident species such as the Spot-billed Pelican and Black-headed Ibis. Further, it was noted that the embankment has led to the drying up of the southwest portion of the lagoon during dry seasons, directly affecting benthic life and disturbing the balance necessary for bird nesting and seagrass habitats.
Violations of CRZ Notification
The Tribunal highlighted that Clause 8(i)(I)(g) of the CRZ Notification, 2011 clearly mandates that roads in CRZ-I areas must be built on stilts without affecting tidal flow. The area in question falls within CRZ-I B and CRZ-IV B zones. The court rejected the Highways Department’s argument that the project was merely an upgradation and not a new construction. It ruled that even if such a claim were accepted, the department had not secured any required clearances from the TNSCZMA and had not adhered to the stipulation that roads in tidal areas must be built on stilts.
The court also referred to earlier orders of the Hon’ble Supreme Court and its own judgments which stress the importance of preserving wetlands and taking special precautions in ecologically sensitive zones.
Tribunal’s Directions
Taking a balanced approach considering that the road had already been in use by the public since 2014, the Tribunal refrained from ordering the demolition of the existing embankment road. However, it issued the following key directions:
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"The Tamil Nadu State Highways Department is directed not to widen the existing road to make it a two-lane road.
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The Tamil Nadu State Highways Department is directed to provide additional vents in the existing road after getting necessary clearances from the Tamil Nadu SCZMA within a period of 6 (Six) months.
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The Tamil Nadu State Highways Department is directed to explore the possibility of building a new elevated bridge, which can be two-way by following norms stipulated in the CRZ Notification in force."
Verdict
The National Green Tribunal, Southern Zone, disposed of the Original Application No. 126 of 2023 by issuing specific directions to the Tamil Nadu State Highways Department. While the Tribunal did not order the removal of the existing road embankment, it directed the department to refrain from proceeding with the proposed widening of the road to a two-lane structure. The department was instructed to obtain necessary CRZ clearance from the Tamil Nadu State Coastal Zone Management Authority within six months and to install additional vents across the 900-metre stretch of the existing road to ensure proper tidal exchange. The Tribunal further directed the department to explore the feasibility of constructing an elevated road on stilts in accordance with CRZ norms. A compliance report is to be filed within three months detailing the proposed vent plan and associated timelines. With these directions, the application was disposed of.
Appearance
For Applicant (s): M/s. A. Yogeshwaran and B. Poongkhulali.
For Respondent(s): Dr. D. Shanmuganathan for R1, R2 & R4.
Cause Title: K. Saravanan & 1 Anr. V. The Tamil Nadu Coastal Zone Management Authority & Ors.
Case No: Original Application No.126 of 2023 (SZ)
Coram: Hon’ble Smt. Justice Pushpa Sathyanarayana [Judicial member], Hon’ble Dr. Satyagopal Korlapati [Expert member]
[Read/Download order]
