The Kerala High Court has directed authorities to ensure that no new construction takes place in the ecologically sensitive Kottooli wetlands in Kozhikode. The Court passed the order while steps are underway to declare the area a Ramsar Site.
The Court also asked the authorities to speed up the Ramsar designation process. It directed them to complete the procedure within three months.
What a Ramsar Site Means
A Ramsar Site is a wetland recognised as being of international importance under the Ramsar Convention on Wetlands of International Importance, 1971. The Convention promotes wetland conservation. It also supports sustainable use of wetland resources through national action and international cooperation.
Bench and Background of the Case
A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V M passed the interim order while hearing a batch of petitions.
The petitions sought urgent directions to stop alleged construction, land reclamation, and related activities in the wetland area.
The Bench considered a statement filed by the State Government. The State filed it pursuant to an earlier order dated October 27, 2025. In that statement, the State said it had begun steps to declare Kottooli wetlands as a Ramsar Site.
What the State Government Told the Court
The State submitted that several procedural steps are in progress.
According to the statement:
- The draft offline Ramsar Information Sheet (RIS) was updated.
- The Technical Committee approved the updated RIS.
- The State Wetland Authority Kerala (SWAK) approved it in its meeting held on October 8, 2025.
- Next, the State is processing the proposal to forward it to the Wetlands Division of the Ministry of Environment, Forest and Climate Change (MoEF&CC). The Wetlands Division acts as the national Ramsar Administrative Authority. The proposal will be routed through the State Government.
Petitioners’ Stand: Construction Will Cause Irreversible Harm
The petitioners argued that construction must not continue during the pending designation process. They said it would cause irreversible damage to the wetland. They also contended that it would make the proposed Ramsar declaration meaningless.
In addition, they submitted that such activity would run contrary to the Wetlands (Conservation and Management) Rules, 2017.
Court’s View: Fresh Works Will Defeat the Purpose
The Court recorded the submissions. It held that allowing new construction during the Ramsar process would defeat the objectives of the 2017 Rules and the Ramsar Convention.
The Bench observed:
“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.”
Directions Issued by the High Court
Accordingly, the Court directed the District Collector, Kozhikode and the Kozhikode Municipal Corporation to ensure that no new construction takes place within the prohibited area covered under the Wetlands (Conservation and Management) Rules, 2017.
Further, the Bench directed the Municipal Corporation to give adequate publicity to the order. This is to ensure that the public remains aware of the restriction.
Existing Buildings to Be Examined Later
The Court clarified that it will examine issues relating to existing buildings at a later stage. This includes questions about their legality and the time of construction.
For now, any construction already made will remain subject to the final outcome of the writ petitions.
Three-Month Deadline for Ramsar Process
On the Ramsar designation process, the Court said the procedure must finish within a fixed timeline. Therefore, it directed the concerned authorities to complete it within three months.
Counsel for Petitioner: K M George, Chithra P Geroge, Mathews P George, Emily Anna George
Counsel for Respondent: O M Shalina (DSGI), Lakshmi Meenakshi P, P Prakashm G Santhosh Kumar, Nagaraj Narayanan (Spl. GP), Praveen Hariharan, G Hariharan, K S Smitha, Amal Dev D, E Silpa Abhijith E R, Sneha M S, Praveen H, Gerogie Johny, K M Firoz, Jameel Ahammed M S, N L Bitto, Mithul T Anto, S Shanavas Khan, S Indu, Govind H Nair
