Telangana High Court Issues Notice On PIL To Declare 400 Acres Land Being Auctioned By State For Development Of IT Park As 'National Park'

A Public Interest Litigation has been filed before the Telangana High Court, challenging a GO issued by Telangana State Industrial Infrastructure Corporation 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'.

A Division Bench of Acting Chief Justice Sujoy Paul and Justice Renuka Yara issued notice on the PIL and posted the matter for April 7, when it will consider the interim prayer to restrain the respondents from clearing vegetation from the said lands.

“List on 07.04.2025 in Motion hearing for considering the prayer for interim relief,” it ordered.

The petitioner, Vata Foundation ENPO 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.

Due to the growing concerns, TSIIC had also issued a press note, stating that the mushroom rock would be designated as a 'green zone' in the master plan, but the petitioner contended that, the same would not compensate the ecological damage caused by the clearing of trees.

Relying on the T.N. Godavarman Thirumulpad v. Union of India, the petitioner contended that 'forests' should be protected irrespective of ownership. It was further contended that any forest land, as per the Wildlife Conservation Act should only be alienated with the prior approval of the Central Government. That, despite the land in question clearly falling within the purview of 'forest' no approval was taken from the Central Government, the plea alleges.

Additionally, it was contended that as per Rule 16(1) of the Forest Conservation Rules, 2023, State Governments are mandated to identify 'forest-like areas' and form an Expert Committee to manage the same. The petitioner also informed the Court that the Supreme Court in Ashok Kumar Sharma v. Union of India and Others had directed all States to comply with the Rule within 1 month.

It was contended that, since this direction issued by the Supreme Court was not complied with, the GO would be illegal.

Lastly, it was contended that no Environmental Clearance was taken and neither was any Environmental Impact Assessment conducted before alienating of the land.

Thus, it is prayed that the State, having power under section 35 of the Wildlife Protection Act, 1972, be directed to designate the land in question as a National Park as was done in case of the Kasu Brahma Reddy Park, which is located in the centre of Hyderabad City.

Case title: Vata Foundation ENPO vs. State of TS

Counsel for petitioner: S. Niranjan Reddy, Senior Counsel representing Omer Farooq.

Counsel for respondents: A. Sudarshan Reddy (AG), B. Narasimha Sharma (ASG)