Kancha Gachibowli Tree Felling: Telangana High Court Extends Interim Order Halting Deforestation; Next Hearing On April 7

The Telangana High Court on Thursday (April 3) extended its interim order of status quo with respect to tree felling at State's Kancha Gachibowli forest area near the Hyderabad Central University campus.

A division bench of Acting Chief Justice Sujoy Paul and Justice Renuka Yara further granted time till April 7 to the State, to file its counter affidavit in the matter. On Wednesday the court had listed the matter for today and till then had directed that "no coercive steps" will be taken by the State. 

The bench was dealing with a petition filed by Vata Foundation against a government order stated to be alienating 400 acres of green cover land in the area for setting up IT infrastructure. The court was also hearing another PIL filed by a retired scientist Kalapala Babu Rao seeking similar reliefs. 

At the outset the court was apprised that the Supreme Court had heard the matter concerning felling of trees at Kancha Gachibowli earlier today and had not stayed the high court proceedings. Notably, the Supreme Court heard the matter this morning, after an oral mentioning was made by Senior Advocate K Paremeshwar, the Amicus Curiae in the forest cases matter (TN Godavarman). The Supreme Court has stayed the tree felling action and has directed the Registrar of the Telangana High Court to inspect the site and submit a report today by 3:30 PM.

Before the High Court, Senior Advocate Dr. Abhishek Manu Singhvi appearing for the State said, "The Supreme Court has clarified that the fact that it has asked the Registrar (HC) to submit a report should not in any manner suggest that your lordship cannot go on with the matter. Your lordship was indicating as I was instructed that 7th your lordship may take the matter. Second, this project from decades has been under litigation not a single time has anyone raised an objection that it is a forest...there is no claim, no petition, no document filed, to for last 30 years to say that this land is a forest".

The court said that it was apprised about this fact yesterday.

Singhvi thereafter said that there are institutions which are completely green. "There are lots of places nearby, botanical garden, golf course etc. This area has been allotted to private entity 20 years ago," Singhvi said.

The court said that it had been pointed out that State brought a law and constitutionality was unsuccessfully challenged. Singhvi thereafter said that the State would like to file a counter so as to bring these points on record. 

The court at this stage suggested that the matter be taken up on April 7 so that State can file a counter. 

"We will protect by interim relief till such time," the bench said asking the petitioner's counsel if they have any objection that the matter is taken up on April 7. 

Senior advocate S. Niranjan Reddy representing Vata Foundation meanwhile argued, "They can file their response. Today Supreme Court has passed an order directing  stopping the felling of trees. I must bring it your lordships notice and Im bringing it with a sense of responsibility...I have evidence that they have continued felling of trees till this morning. I have along with newspapers and time stamps filed an IA. I would like to place on record. We now stand protected by Supreme Court's orders. But on 7th lordships have a look at with regard to how state has conducted itself". 

"We will direct them to respond to your IAs also," the bench said.

Reddy further said that one of the student who was recording video today has been detained and kept in police station; he said that this fact they will also will file by way of affidavit.

Another counsel at this stage submitted, "Im appearing for student's union. There has been a lot of atrocity against students protesting peacefully. Our petition deals with the fact that land belongs to University of Hyderabad". The court at this stage asked the government advocate to take notice on this petition and listed it also on April 7.

With respect to the other batch of matters the court in its order said, "Joint submission by Shri Singhvi and Advocate General that matter may be taken on 7th of this month, so in meantime the counter may be filed. Counsel for petitioners have no objection. Shri Niranjan Reddy senior counsel urged that today Supreme Court has granted protected against felling, since protection is there matter may be simply taken on April 7. In the meantime counter maybe filed to IAs filed by petitioners. List on April 7". 

The matter will now be heard on April 7. 

For context the plea by Vata foundation challenges 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'.