‘Alarming picture’: Supreme Court halts tree felling at Kancha Gachibowli, questions State govt’s hurry

Hyderabad: In a major setback for the Telangana government, the Supreme Court on Thursday ordered the State government to stop all developmental activities and the ongoing clearing of the green cover at 400-acre land in Kancha Gachibowli until further orders.

On Thursday, the bench comprising Justice BR Gavai and Justice AG Masih, registering a suo motu case on the issue, requested the Central Empowered Committee (CEC) to visit the site and submit its report before April 16 as to what has been done by the State about the felled trees.

Alarming picture, says registrar after visit to site

On April 2, the bench had passed an interim order staying tree felling in the area and directed the registrar of Telangana High Court to inspect the site and submit a report today by 3:30 pm on April 3. The court stated that the report of the registrar who visited the site showed an ‘alarming picture’ as a huge number of trees were felled, deploying huge machinery and JCBs.

Senior Advocate Gaurav Agarwal represented the State. Senior Advocate K Paremeshwar (amicus curiae) and Senior Advocate Gopal Sankaranarayanan (for intervenors) were present.

“Until further orders, no activity of any sort, except protection of trees already existing, shall be undertaken by the State. If found any direction is not complied in true spirit, chief secretary of State will be held personally responsible and proceeded against,” the court order said.

The importance of Kancha Gachibowli to Hyderabad

Kancha Gachibowli is one of the few remaining urban forests in Hyderabad. This habitat hosts a wide range of birds and animals. There are approximately 237 species of birds on the campus. It’s one among the few urban forest areas that houses Spotted Deer, Wild Boars, Star Tortoises and numerous snake species such as Indian Rock Python, Vipers, Cobras, Boas and Kraits.

The Telangana government claimed that the 400 acres belonged to the State government.

The government intends to develop world-class infrastructure in this government land through the Telangana Government Industrial Infrastructure Corporation Limited (TGIIC). It is preparing to invite tenders for the integrated development of this land.

What is the hurry, court asks Telangana government?

Mentioning the report, the court referred to the pictures showing peacocks and deer fleeing from the region amid the destruction activities. “The committee for forest land was constituted in Telangana on March 15. What was the ‘alarming urgency’ in cutting down the trees when the statutory exercise to identify the forest lands was yet to commence?” the court noted.

The court asked the chief secretary of the State of Telangana to file an affidavit answering specific queries:

1. What was the compelling urgency to undertake the developmental activities, including the removal of trees from the alleged forest area?

2. Whether for such development activity the State obtained the Environmental Impact Assessment certification?

3. Whether requisite permissions from the forest authorities or any other local statutes have been obtained or not for felling trees?

4. What is the necessity of having officers in the committee constituted by the State of Telangana in as much as prima facie they have nothing to do with the identification of forests?

5. What is the state doing with the felled trees?

Case in Telangana HC adjourned

The Telangana High Court on Thursday has adjourned tree felling at the 400-acre Kancha Gachibowli land to April 7 for filing of a counter affidavit.

Senior Advocate Dr Abhishek Manu Singhvi appeared for the State, while S Niranjan Reddy argued on behalf of one petitioner, environmentalist Uday Krishna, founder of Vata Foundation stated that despite the High Court orders, the State continued to clear the area. Another PIL had been filed by retired scientist Kalapala Babu Rao, represented by senior counsel L Ravi Chandra.

Senior Counsel Dr Abhishek Singhvi, who represented the State, argued that no petition or claim or document has been filed till now, saying this land is a forest. The State’s project report aims at an investment of Rs 50,000 crore and jobs for the unemployed.

The court adjourned the hearing to April 7 for filing of a counter since Supreme Court protection is there. Meanwhile, counters to the IAs may be filed.

Two PIL petitions were filed questioning the allotment of 400 acres of land to the Telangana Industrial Infrastructure Corporation Limited and seeking a direction to stay excavations and uprooting of trees in the said land at Kancha Gachibowli.

Over the last three days, more than 40 JCBs were deployed to clear the area, disturbing the habitat. Following this, University of Hyderabad Students Union members and faculty went on a March against the development.

Statement by the State:

A joint statement has been issued by Deputy CM Bhatti Vikramarka and IT & Industries Minister Duddilla Sridhar Babu on Kanche Gachibowli land.

"We will abide by the Supreme Court’s orders regarding Kanche Gachibowli lands. The required information sought by the Supreme Court will be submitted within the stipulated time. The State Government has full faith in the Supreme Court. Justice will prevail," the statement read.

Officials, including the Additional DGP (Intelligence) and Cyberabad Commissioners, have been instructed not to act harshly against students.

Inputs from Live Law.