Kerala High Court Bars New Construction In Kottooli Wetlands Pending 'Ramsar' Designation

The Kerala High Court has recently directed authorities to ensure that no new construction takes place in the ecologically sensitive Kottooli wetlands in Kozhikode, as the process to designate the area as a Ramsar Site gathers momentum.It has also directed the concerned authorities to expedite the process of designation and complete it within a period of three months.For context, Ramsar site is a wetland site designated to be of international importance under the Ramsar Convention on Wetlands of International Importance, 1971. The Convention provides for national action and international cooperation regarding the conservation of wetland and sustainable use of their resources. A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V M passed the interim order while considering a batch of petitions, seeking immediate intervention to stop ongoing construction, land reclamation, and related activities allegedly being carried out in the wetland area. The Court took note of a statement filed by the State Government pursuant to an earlier direction dated October 27, 2025, indicating that steps are underway to declare the Kottooli wetlands a Ramsar Site under the Ramsar Convention on Wetlands.According to the statement, procedural requirements involving multiple authorities are in progress. The draft offline Ramsar Information Sheet (RIS) has been updated and approved by the Technical Committee and subsequently by the State Wetland Authority Kerala (SWAK) in its meeting held on October 8, 2025. The proposal is now being processed for forwarding to the Wetlands Division of the Ministry of Environment, Forest and Climate Change (MoEF&CC), the national Ramsar Administrative Authority, through the State Government.The petitioners contended that allowing construction activities to continue while the Ramsar designation process is pending would irreversibly damage the wetland and render the proposed declaration meaningless. They argued that such activities would be contrary to the Wetlands (Conservation and Management) Rules, 2017.The Court recorded the submissions and held that permitting new constructions during the pendency of the designation process would defeat the objectives of the 2017 Rules as well as the Ramsar Convention.“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” the Bench observed.The Court directed the District Collector of Kozhikode and the Kozhikode Municipal Corporation to ensure that no new construction is carried out within the prohibited area falling under the Wetlands (Conservation and Management) Rules, 2017.The Bench clarified that issues concerning the existing buildings, their legality and the period of construction would be examined at a later stage. Any construction already made will remain subject to the final outcome of the writ petitions.The Corporation has also been directed to give adequate publicity to the Court's order to ensure that the public is aware of the restrictions on construction activity in the relevant area. The Bench has also directed the authorities to expedite the process of designation of Kuttooli Wetlands as 'Ramsar Site' within a period of three months. “As regards the procedures that are underway for obtaining a declaration of the Kottooli Wetlands as a 'Ramsar Site', we note its imperative that the same are carried out and completed within a specified time period. Hence, we direct that the concerned authorities to expedite the process in this regard and complete the same within a period of three months.” Court saidThe matter has been posted for further consideration on May 21, 2026.Case Title: Sarovaram Prakrithi Samrakshana Samiti and Ors. v Ministry of Environment and Forests and Climate Change and Ors. and connected matter Case No : WP(C) 9445/ 2025 and connected matter Counsel for Petitioner: K M George, Chithra P Geroge, Mathews P George, Emily Anna GeorgeCounsel 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 NairClick Here To Read/ Download Interim Order

Kerala High Court Bars New Construction In Kottooli Wetlands Pending 'Ramsar' Designation

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