The Supreme Court directed a suo motu writ petition to be registered in the Kancha Gachibowli land issue in Hyderabad on Thursday, April 3. Student protests have erupted on campus over the past few days, against the leveling of land and removal of shrubs and trees in the area, considered an important green lung space in West Hyderabad with significant biodiversity.
The Supreme Court came down strongly against the state government’s rapid clearing of nearly 100 acres in the past two to three days, comparing it to the felling of trees for illegal constructions at the Jim Corbett National Park. It asked the Chief Secretary of Telangana to answer why the trees were removed with such urgency, whether the state had done an environmental impact assessment, and whether permission was taken from forest department authorities.
Students, faculty, and environment activists have been demanding that the Revanth Reddy government repeal its proposal to auction the Kancha Gachibowli land off to IT companies, and declare it a protected area instead.
Earlier during the morning hours of April 3, the Supreme Court took suo motu cognisance of the matter and had asked the Judicial Registrar of the Telangana High Court to visit the site and submit an interim report by 3.30 pm. The Supreme Court had also asked the Telangana Chief Secretary to ensure no tree felling takes place till further orders.
On receiving the Judicial Registrar’s report, the Supreme Court said it revealed that “a huge development activity is being undertaken on the said Kancha Gachibowli area,” LiveLaw reported.
The Judicial Registrar’s report depicts “an alarming picture,” the court said, adding that a huge number of trees were being felled. “Apart from huge machinery being employed to disturb an area of around 100 acres, certain peacocks, etc. were also seen in the area...prima facie indicating that forest inhabited by wild animals existed,” the court said. The order also noted that there is a lake near the area with deer also present.
The court ordered the Chief Secretary of Telangana to file an affidavit answering the following questions:
What was the “compelling urgency” to undertake developmental activities including removal of trees from the purported forest area
Whether the state had opted for an environmental impact assessment certificate to carry out such activity
Whether requisite permission from forest authorities or any other authorities was taken
What the state had done about the felled trees
The court has also prohibited any further activity on the land, apart from tree protection, until further orders. It warned that non-compliance would result in the Chief Secretary of State being held personally responsible and proceeded against.
Justice BR Gavai said, “If a lake is there, it is quite possible the area around would be a catchment area for the lake.” When the Telangana government’s counsel argued that the land was not considered a forest, Justice Gavai said, “Forest or not, whether you have taken requisite permission for felling trees...100 acres in 2-3 days is something...we would only remind one sentence - howsoever high one may be, not above the law.”