'No Coercive Steps': Telangana HC Halts Till Thursday Tree Felling At Kancha Gachibowli Near Hyderabad Central University Campus

The Telangana High Court on Wednesday (April 2) has stayed felling of trees on land in Kancha Gachibowli located near Hyderabad Central University campus (HCU), while hearing a plea against a government order stated to be alienating 400 acres of green cover land in the area for setting up IT infrastructure. 

A division bench of Acting Chief Justice Sujoy Paul and Justice Renuka Yara passed the interim order and stated that it will hear the plea on Thursday (April 3) and until then "no coercive steps" will be taken. 

The court passed the order in a PIL challenging a government order stated to be issued by Telangana State Industrial Infrastructure Corporation (TSIIC) to alienate 400 acres of green cover land in Kancha Gachibowli, Serlingampally Mandal for the setting up of IT infrastructure. The plea alleges the GO to be in contravention of the Forest Conservation Act, 1980 and prays to cancel all action taken by the State in furtherance of the above-mentioned GO and to declare the land as a 'National Park'.

The petitioner, Vata Foundation ENPO had contended that the land in question has remained untouched since times immemorial and is home to about 237 species of birds, spotted deers, wild boars, star tortoises, snakes and various rock formations and lakes.

It was stated that TSIIC, which acquired the land in 2012, hand issued a GO in 2024 with an intention to alienate the land for the furtherance of the IT sector. That, in furtherance of the same, TSIIC began to cut down trees in the land in question and recently, the rate of felling of trees became brisk, which prompted the petitioner to approach the Court. It was brought to the notice of the Court that apart from the land in question, land belonging to University of Hyderabad also needed to be protected as it was connected to the land in question and formed part of the forest.

Although the plea which was heard last week, had been originally listed for April 7 it was however mentioned on Tuesday where it was contended that 40 JCBs had moved onto the allegedly disputed land and had started felling of trees. Another PIL was also filed by a retired scientist Kalapala Babu Rao seeking similar reliefs. The counsel appearing in both matters sought to move a lunch motion praying for the court's immediate intervention; the court had posted the matter for today. 

During the hearing on Wednesday, senior advocate L Ravichander appearing for Rao argued that in the last few days huge machines were used to cut own trees. He argued that the government was proceeding in blatant disregard of two Supreme Court judgments T.N. Godavarman Thirumulpad v. Union of India as well as Ashok Kumar Sharma v. Union of India and Others where the apex court had directed all states to form committees to identify forest and forest like areas as per the dictionary meaning of forest.

The senior counsel stressed that the rock formation at the site were almost 2 billion years old and was home to rare flora, exotic flora and innumerable birds, both migratory and local.

He concluded his argument by saying “We are living on borrowed time. And not just this. If you see the water crisis. I shudder to imagine what will happen to my grandchildren. If this is the pace at which we are constantly bartering."

Meanwhile senior advocate S. Niranjan Reddy representing Vata Foundation, contended that the land was being auctioned to set up an IT park, yet no Environmental Assessment was conducted as per the EIA notification, 2006.

He further contended that as per the Telangana Water Land And Trees Act (WALTA) no trees could be cut down without a prior sanction from the concerned officer.

“I don't think the AG will dispute that the 200 acres of land are being eradicated. these are shocking visuals. This ecology disaster needs to be stopped. If there is no stay, the damage is irreversible. That can't be. This green cover, is the balancing factor of ecology. Please direct the State to file a report, show many trees were cut, under who's authority, which expert committee, and what is the expert committee's finding,” he said while concluding his arguments. 

On behalf of the State, Advocate General A. Sudharshan Reddy stated  that the entire claim of the petitioners was built on Google images and nothing else.

“Entire edifice of this case is built on a Google image. Nothing else. No record of any nature. No revenue records, no forest records. What are being shown to you (the Bench) is what is within the limits of the University compound. Google images change from time to time. I will show you from 2019. You cannot rely of Google images to say something is a forest. This land was always an industrial land," he said. 

He stated that the land has always been the land of the Government and in the nature of industrial land. Taking the Court through the chronology and various judgements passed by the Supreme Court and High Court, the Advocate General argued that the land was always in the name of the Government. The Advocate General reiterated that previous challenges in respect of the land, were always made on the ground of 'opposed to public policy' and never for being forest land.

While concluding his arguments he said,“Peacocks, mongooses, snakes, etc are found all over Hyderabad, especially in the Hyderabad Golf Course, to which my friend here (opposing counsel) is a member. Let's start by declaring that as forest land, we will have to designate the whole of Hyderabad as forest at this rate.”

After hearing the matter to some extent, the court posted the matter to Thursday for further hearing, and directed the State not to take any coercive action till the tomorrow's hearing.

Case title: Vata Foundation ENPO vs. State of Telangana