Manas Dasgupta
NEW DELHI, May 15: In a harsh indictment showing its priority focus for environment, the Supreme Court on Thursday directed the Telangana government to restore the ruined Kancha Gachibowli forest or be prepared its some of the officers responsible for the damage to the forest to be sent to jail.
The order was issued for the forest on a 400 acres of land where tress were allegedly felled for an IT infrastructure project. “It is for the State to make a choice between restoring the forest or having the Chief Secretary and officials in prison,” Chief Justice of India B.R. Gavai stated firmly.
Senior advocate A.M. Singhvi, appearing for Telangana, said the State deserved its day in court to persuade that IT and ecology could go together. “I am here to persuade My Lords that ecology and IT can go together. Can I not persuade Your Lordships? Must I drop my case here and now,” he asked the Bench also comprising Justice A.G. Masih.
Chief Justice Gavai said whether IT and ecology could go hand in hand was another question. “We have always been advocates of sustainable development. But the question here is the felling of thousands of trees, taking advantage of a long weekend,” the Chief Justice reacted.
Mr Singhvi maintained that “thousands” of trees were not cut. “We have seen the photographs,” Chief Justice Gavai responded. Mr Singhvi submitted that not a leaf has been moved on the site after the apex court ordered everything to be stopped on April 16. The State was complying with the court’s direction in letter and spirit. A huge afforestation programme was underway in the area.
Amicus curiae, senior advocate K. Parameshwar, drew the attention of the court to a finding in a Forest Survey of India report, which was forwarded to the Central Empowered Committee, that out of the 104 acres cut in two nights, over 60% had been moderately and heavily dense forest. “So there is a very clear finding,” Mr Parameshwar submitted.
The court asked the State whether an Environment Clearance process was undertaken before the trees were felled. The Bench cautioned the State that it may face contempt proceedings if it tried to defend its actions. On March 4, the Supreme Court had barred any activity to deplete forest cover across the country.
“Have you seen the photographs of the site… There were a dozen bulldozers. How did you make arrangements in such a short spell? Prima facie, it appears everything was pre-planned,” Chief Justice Gavai addressed the State.
The State had previously denied the land was a forest. The claim, it said, that the area was forest land had sprung up only after developmental activities commenced following the allotment of the land to the Telangana Industrial Infrastructure Corporation (TGIIC). Mr Singhvi submitted that the processes regarding the allotment had been on since March 2024. He said the intention of the State was bona fide.
“If your intention was bona fide, why did you start the felling of the trees at the beginning of a long weekend when courts were closed? You should not have indulged in this” Chief Justice Gavai told the State. The court scheduled the case for further hearing on July 23.
The Bench did not entertain an interim application alleging that FIRs were registered against “whistle-blower” students. The court gave them liberty to pursue suitable legal remedies before the appropriate court to quash the FIRs.
The state government had earlier claimed that it was the sole owner of the piece of land and the Serlingampally Mandal, who had claimed the ownership and whose behalf some students of the University of Hyderabad were agitating against the and being allocated to the TGIIC had no stake on it.
Officials said the 400 acres of land were allotted to a private entity by the then government of Andhra Pradesh in 2004. But the present Congress government has fought against the private entity in the Supreme Court and reclaimed the land.
The University of Hyderabad did not own even an inch of land in this survey and any contention regarding land ownership is contempt of court, as per official statement. Moreover, as is being alleged, the development plans of the government in this land do not include any lake. The rocks formation would not be disturbed by the new development plan either, it added.
The government, in a statement had said the opposition to the project was purely political and that the students were being misled by those opposing the government with interests in real estate. Explaining the legal aspects, it was stated in the statement that the then AP Government allotted 400 acres to IMG Academies Bharata Pvt Ltd on January 13, 2004, in Survey Number 25 of Kancha Gachibowli Village for the development of sports facilities.
As the project of the IMG Academies Bharata Pvt Ltd did not take off, the then Government of Andhra Pradesh revoked the allotment on November 21, 2006, which was challenged in the A.P. High Court. The new government pursued the matter vigorously, and the High Court passed orders in favour of the government on March 7, 2024.
Aggrieved by the order, IMG Academies Bharata Pvt Ltd filed an SLP before the Supreme Court of India. The government again contested the matter, and the SLP was dismissed by the Supreme Court of India on May 3, 2024. Thus, the government was able to secure the land.
The ownership of the land was also confirmed by the Deputy Collector and Tahsildar, Serilingampally Mandal who confirmed that as per Revenue records the land in Survey Number 25 of Kancha Gachibowli Village was recorded as “Kancha Asthabal Poramboke Sarkari”, which is government land and an extent of 400 acres was free from encroachments and under the possession of government for further development.
The revenue records clearly show that it is not forest land, unlike the false claims made in certain sections. Moreover, with the consent of the Registrar, University of Hyderabad (UoH) survey work was conducted on July 19, 2024, in the presence of university officials, and the boundaries were fixed. The government further said Buffalo Lake and Peacock Lake are not part of the 400-acre land parcel being developed by TGIIC.
