The Supreme Court on Wednesday maintained status quo over tree felling in 400 acres of land at Kancha Gachibowli forest area near the Hyderabad Central University campus in Telangana.
The Bench of Justice BR Gavai and Justice Augustine George Masih ordered that not a single tree should be felled in the area.
Noting that it would go out of the way to protect the environment and ecology, the top court of the country said that it would examine how to expand the area under tree cover through widening and other measures.
The Bench directed the Wildlife Warden of Telangana to take immediate steps for the protection of wildlife affected due to deforestation in 100 acres.
The matter pertained to the 400-acre parcel of land in Kancha Gachibowli village of Telangana, which the state government proposed to auction through the Telangana Industrial Infrastructure Corporation (TGIIC), for the development of IT infrastructure.
The decision faced severe opposition from students of the Hyderabad University and others on the grounds that the area was an eco-sensitive zone serving as the ‘lungs’ of Hyderabad city. The HU students even clashed with the police amid attempts to raze large parts of the land.
On April 3, the Bench came down heavily on the Chief Secretary of the Telangana government over deforestation caused by the authorities in the 400 acre of land at Kancha Gachibowli forest area.
The Bench questioned the ‘alarming’ urgency to start the afforestation in Kancha Gachibowli merely days after the Telangana government constituted the Expert Committee, without undertaking the identification exercise.
Terming it a very serious matter, the Bench said one could not take law into his own hands.
Issuing notice to the Chief Secretary, the Court directed him to explain the compelling urgency to undertake the developmental activity, including the removal of trees from the alleged forest area.
The Bench asked whether for such development activity, the State called for the environmental impact assessment certificate. It further asked whether the state took requisite permission from the forest authorities or opted for any other local statutes for tree felling.
It also questioned the necessity of having officers at serial no. 3, 4, 5, 6 and 10 in the Committee constituted under orders of the State of Telangana.
The Bench directed the Central Empowered Committee (CEC) to personally visit the site in question and submit report by April 16. Until further orders, no activity of any sort except the protection of trees already exiting shall be undertaken by State, it ordered.
The Apex Court had warned that in case its directions were not complied with in letter and spirit, the Chief Secretary of the State would be personally held responsible for the same. It also stayed tree-felling in a land parcel of 400 acres at Kancha Gachibowli forest area.
When the matter was taken up for hearing today, Senior Advocate K Parameshwar, Amicus Curiae in the TN Godavarman matter on environmental concerns, apprised the Bench how the land has been mortgaged to a private party to secure non-convertible bonds.
The Bench, however, said that its focus in the case was on preventing tree-felling and protecting the forest cover, not on mortgage.
Appearing for Telangana, Senior Counsel Abhishek Manu Singhvi said the State would satisfy the Court. Calling the CEC report voluminous, he sought time to respond to the same.
The Bench granted four weeks to the Telangana government to respond on the CEC report, which was submitted today in the Court.
On April 3, Amicus Parameshwar had apprised the Court of news reports showing tree felling in the forest area.
The Bench expressed its strong displeasure over the vast deforestation of Kancha Gachibowli forest in Telangana. It said a large number of trees were being felled in the forest area, which was home to around eight types of scheduled animals.
Quoting newspaper reports, the top court of the country said that taking advantage of long holidays over the weekend, the authorities rushed to fell the trees. It directed the Chief Secretary of the State to ensure that no tree felling took place in the area till further orders.
The top court of the country further ordered the Registrar (Judicial) of the Telangana High Court to inspect the site and submit a report by 3:30 pm. The officer rushed to the site and submitted a report before the matter was taken up for hearing again at around 4 pm.
The report revealed huge developmental activity being undertaken in the forest area.
The Bench noted that the report and the photographs sent by the Registrar (Judicial) depicted an alarming picture.
A huge number of trees were being felled, while heavy machinery was deployed to destroy an area of around 100 acres. Noting that certain peacocks, deers and birds were sighted in the area, the Apex Court said it prima facie indicated that there existed a forest inhibited by wild animals. It further took note of a lake near the site.
The Court then ordered the registration of a suo motu case in the matter.
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