In 2022, the Tamil Nadu Government proposed constructing the 'Muthamizh Arignar Dr. Kalaignar Pen Memorial' to honour the former TN Chief Minister and ADMK leader, Mr. M Karunanidhi at an estimated cost of Rs. 81 crores. The project - located 360 metresfrom Chennai's Marina Beach - included constructing a 42-metre-high pen-shaped statue on 8,551 sq.m of reclaimed seabed and a lattice brige connecting the memorial to the beach.
The proposal, however, faced opposition from fisherfolk, environmental groups, and political parties alike. Fisherfolk from various kuppams (hamlets) argued that the project affects their livelihood and means of sustenance as it would restrict access to productive fishing grounds called 'kadavadu seru,' that has an abundance of prawn and other fish.
Environmentalists on the hand, contended that the site runs through legally-protected ecologically sensitive areas and could adversely impact coastal ecosystems, including Olive Ridley nesting habitats. AIADMK Minister and petitioner, Mr. Jayakumar, arguing against the project noted that the Tamil Nadu coast has also experienced severe erosion and continues to be heavily impacted from pollution, salt water intrusion, and storm surges - all of which would be exacerbated due to the project.
The Tamil Nadu Pollution Control Board (TNPCB) held a mandatory public hearing in January 2023. However, fisherfolk and environmentalists claimed that the hearing was marked by procedural irregularities since many attendees were denied the opportunity to express their opinion and therefore, the minutes of the meeting of the hearing did not adequately capture the concerns expressed against the project. They also raised concerns about the fairness and transparency of the process as Tamil translations of the Environmental Impact Assessment were made available only shortly before the hearing. The hearing was also cut short as chaos erupted due to disagreements between opponents and proponents of the project, while an activist who staged a dharna for not being able to present his views, was subsequently removed by the police.
Despite the widespread public opposition and a legally contested public hearing, the MoEFCC granted CRZ clearance in June 2023 based on the recommendations of the Expert Appraisal Committee (EAC) and Tamil Nadu Coastal Zone Management Authority (TNCZMA). However, the clearance imposed 17 conditions, including establishment of an expert monitoring committee, a ban on construction activities during turtle nesting season (January-April), continuous shoreline monitoring, and subject to Court orders.
The project was challenged first before the South Bench of the National Green Tribunal (NGT), before it was withdrawn and refiled before the Supreme Court citing the impact on fisher livelihoods and environmental impact, and the validity of the clearance and the public hearing, during the course of the CRZ and Environmental Clearance processes. However, the Supreme Court refused to entertain the petition, ruling that the conditional environmental and CRZ clearances rendered the plea untenable, and suggested petitioners to pursue the case through the NGT.
In July 2023, it was reported that the monument might now not be built in the sea due to stern opposition from fisherfolk and environmentalists, and lack of political will.
Demand/Contention of the Affected Community
Complaint against procedural violations
Demand to cancel the project
Demand to retain/protect access to common land/resources
Opposition against environmental degradation
Other Demand/Contention of the Affected Community
Region Classification
Urban
Type of Land
Common
Coastal
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Project stalled due to protests
Original Project Deadline
2025
Whether the Project has been Delayed
Yes
Significance of Land to Land Owners/Users
Fishing, Access and mobility to land, water and natural resources, Fisheries-related activities ((Boat docking, fishnet drying, fish market, etc)
Whether the project was stalled due to land conflict
Yes
Source/Reference
<https://timesofindia.indiatimes.com/city/chennai/cm-mk-stalin-not-keen-on-pen-memorial-in-sea-source/articleshow/101792332.cms>
Total investment involved (in Crores):
₹
81
Type of investment:
Cost of Project
Year of Estimation
2022
Has the Conflict Ended?
No
When did it end?
2023
Why did the conflict end?
According to report by The Times of India, the then Chief Minister M.K Stalin decided to change the location of the Pen to an entirely land-based monumnet when NGOs and activists opposed the project.
Categories of Legislations Involved in the Conflict
Environmental Law, Central/State Government Policy, Environmental Law
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
Yes
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Lack of legal protection over land rights
Violation / Dilution / Non-implementation of CRZ Notification
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Yes
Name of the adjudicatory body
National Green Tribunal (Original Application No. 124/2022; Appeal 12/2024, 30&24/2023)
Name(s) of the Court(s)
Supreme Court of India
Case Number
W.P.(C) No. 000213/ 2023
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
Ministry of Environment, Forest and Climate Change, Coastal Regulation Zone Management Authority, Expert Appraisal Committee of the Union Ministry of Environment, Tamil Nadu Pollution Control Broad, Tamil Nadu Public Works Department
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
No
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
South Indian Fishermen's Association, fishing communities, environmental activists
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
