Five days after the Telangana government began clearing large tracts of the Kancha Gachibowli forested area near the University of Hyderabad (UoH), the Supreme Court Thursday directed the state to stop the “alarming deforestation activities” until further orders.
“Until further orders, no activity of any sort, except the protection of trees already existing, shall be undertaken by the State,” said a bench of Justices B R Gavai and A G Masih.
The Supreme Court order comes a day after the Telangana High Court ordered a pause on the tree-felling until Thursday.
Beginning Sunday, the Telangana government deployed scores of earthmovers to level the green cover on the 400-acre land, home to several species of flora and fauna, as part of a plan to auction it off to develop IT parks. UoH students have been protesting against the state’s action, demanding that it withdraw its decision to auction the land.
Earlier on Thursday, the court ordered an interim stay on the tree-felling and asked the Registrar (Judicial) of the Telangana High Court to inspect the spot and report to it by 3.30 pm.
Hearing the matter again in the afternoon, the court noted that the report as well as photographs “depict an alarming picture”. “Huge number of trees are being felled and huge machinery is being deployed,” it pointed out.
The court also underlined that the report flagged the presence of birds such as peacocks and wild animals including deer in the area. “These are prima facie indications that there existed a forest inhabited by wild animals,” it pointed out.
The top court referred to its earlier orders, one of which barred states from reducing forest areas without compensatory afforestation, and another which said Chief Secretaries would be held personally liable if the statutory committees to identify forest lands were not constituted.
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Noting that Telangana had formed the committee only on March 15, the bench said: “It is difficult to appreciate as to what was the alarming urgency to start the deforestation activities immediately after the committee was constituted and an exercise as required under the Rule… was yet to be undertaken.”
When pointed out that the Court had said that the Chief Secretaries will be held personally responsible for any delay in constitution of the committees, Justice Gavai remarked, “Chief Secretary will go to temporary prison constructed on the same spot near the lake…if the Chief Secretary wants to enjoy the State hospitality, one can’t help it,”
Senior Advocate Gaurav Agarwal, who appeared for the state, contended that it was not a forest area.
But Justice Gavai said: “Forest or not, have you taken requisite permission for felling trees?”
He added that clearing around 100 acres in 2-3 days “is something”, adding: “We would only remind one sentence — however high one may be, not above the law.”
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The bench asked the Telangana Chief Secretary to file an affidavit on the “compelling urgency” to undertake the developmental activities, including the removal of trees, from the area.
The court also asked the Chief Secretary to explain the presence at the site of some officers who had nothing to do with the identification of forests.
It directed that a suo motu case be registered on the issue.
“In case any of the directions issued by us are not complied with in true letter and spirit, the Chief Secretary of the state shall be held personally liable,” the court said.
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The Supreme Court’s intervention in the matter came after Senior Advocate K Parameshwar, who is also the amicus curiae in the forest cases matter, raised the tree-felling issue before the bench.