Destroyed forest in Kancha Gachibowli must be restored: Supreme Court

The Supreme Court on Wednesday appreciated the Telangana government's submission that it is in the process of coming out with holistic development plan with respect to the Kancha Gachibowli area, where large scale felling of trees had earlier drawn the ire of the Court [In Re: Kancha Gachibowli Forest, State of Telangana].

The Bench of the Chief Justice of India BR Gavai and Justice Vinod Chandran was hearing a suo motu case initiated in the wake of such deforestation.

Representing the Telangana government, Senior Advocate AM Singhvi today told the Court that, in compliance with earlier directives, all tree-cutting actions have been halted.

He added that the State is looking into the larger picture of how to ensure that its forests and lakes are not harmed in the process of development.

"Lordship shouldn't have any concern about that. Now we want to come up with much larger plan where our forests, lakes (are protected) ... It will take some time," said Singhvi.

"If you come with good proposal, we will come withdraw all (suo motu proceedings against the State) ... and give you real compliment ... We want the environment to be protected," CJI Gavai replied.

Singhvi urged the Court to give the State six to eight weeks to place its proposal on record. The Court agreed to the request.

CJI Gavai added that the forest area which was destroyed must be restored.

"The forest which has been destroyed, have to be restored."

In its order, the Court recorded the State's submission that it is looking at the matter in a holistic manner and is attempting to balance the interests of the environment and wildlife with development.

"We appreciate it.... Time and again, the court has observed that the court is not against development, but development has to be sustainable development. While carrying development activities the interest of environment and wildlife has to be taken care of by ensuring mitigating and compensatory measures. State counsel seeks to come up proposal. We will welcome such proposal," it added.

The matter will be heard again after six weeks.

The felling of trees took place in 400-acres land in Kancha Gachibowli village.

This was undertaken by the Telangana government as part of a plan to auction the land through the Telangana Industrial Infrastructure Corporation (TGIIC) to develop IT infrastructure.

However, the move met with resistance on the ground that the land comprises forest land. Those opposing the plan argued that the area is an eco-sensitive zone which serves as the ‘lungs’ of Hyderabad city.

Among those who registered strong opposition to the move were students from the nearby University of Hyderabad, who clashed with the police amid attempts to raze large parts of the land.

On April 3, the Supreme Court took suo motu notice of the issue and passed an interim order staying further tree-felling.

It also asked the State to answer whether there was any compelling urgency to undertake the proposed developmental activity, including the removal of trees from the forest area.

The State was also asked to clarify whether requisite permission was obtained for felling the trees.

Moreover, the Bench directed the Central Empowered Committee (CEC) constituted to assist the Supreme Court in complex environmental matters, to personally visit the site and submit a report.

On April 16, the Court remarked that it would go out of its way to protect the environment and ecology, while ordering a blanket status quo on tree-felling at the 400-acre land.

In an ensuing hearing, the Court warned the Telangana government of stern action if it fails to take steps to restore the lost forest cover.

During the last hearing, the Court underscored that while sustainable development is important, it does not mean that forests can be destroyed overnight with bulldozers.

Senior Advocate K Parameshwar is assisting the Court as amicus curiae.

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