'I Advocate Sustainable Development, But Forests Can't Be Cleared Overnight By Bulldozers': CJI BR Gavai In Kancha Gachibowli Case

Chief Justice of India BR Gavai today, while hearing the suo motu case of deforestation in the Kancha Gachibowli forest area in Telangana, expressed that employing bulldozers to clear a forest overnight cannot be justified as sustainable development. 

The CJI verbally remarked that while he supported the cause of sustainable development, the overnight bulldozing incident at Kancha Gachibowli area could not be condoned. He expressed :

"I am myself an advocate for sustainable development but that doesn't mean that overnight you should employ 30 bulldozers and clear all the jungle." 

Senior Advocate K Parameshwar, appearing as the amicus in the matter, informed that certain private intervenors wanted to file a response to the State's affidavit on the issue.

The bench then agreed to re-list the matter for August 13. 

Previously, the Court warned the State officials of contempt proceedings and temporary imprisonment as it noted that a long weekend was misused to initiate the bulldozing of the region.

It also stressed that restoration of status quo at the site will be the Court's first priority and the Wildlife Warden of the State shall take immediate steps to protect wildlife affected by the deforestation. It had also granted time to the State to file its reply to CEC spot inspection report.

Background

The issue arises out of a government order, statedly issued by Telangana State Industrial Infrastructure Corporation (TSIIC), seeking to alienate 400 acres of green cover land in the Kancha Gachibowli forest area, for setting up IT infrastructure. In the past few days, there have been reports of wide-scale clearing of the trees on the land, prompting protests against the state government.

On April 2, the Telangana High Court stayed felling of trees on the subject land until April 3, when the matter was slated to be taken up. On April 7, the High Court deferred till April 24 the hearing of petitions filed with respect to tree felling in the area, noting that the Supreme Court is seized of the issue.

As per claims, TSIIC acquired the land in 2012 and issued the subject order in 2024 with an intention to alienate the land for furtherance of the IT sector. In furtherance of the same, it began to cut down trees on the land and recently, the rate of felling of trees became brisk. Huge machines were brought on site to cut down trees, which prompted initiation of PILs before the High Court.

The PIL-petitioners argued that the government was proceeding in blatant disregard of two Supreme Court judgments viz. TN Godavarman Thirumulpad v. Union of India and Ashok Kumar Sharma v. Union of India where all states were directed to form committees for identification of forest and forest-like areas as per the dictionary meaning of forest. It was further their case that the land was being auctioned to set up an IT park, yet no environmental assessment was conducted as per EIA notification, 2006.

The State's defense, on the other hand, was that the subject land was "industrial land" and the petitioners' claims were based on Google images.

Case Title : IN RE KANCHA GACHIBOWLI FOREST, STATE OF TELANGANA VERSUS |SMW(C) No. 3/2025 (and connected case)