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Synopsis

The Supreme Court on April 3, 2025, pulled up the Telangana government over its haste in initiating deforestation in the Kancha Gachibowli Forest. Taking note of a report by the High Court Registrar (Judicial) and accompanying photographs, the court observed a disturbing picture of widespread tree-felling and heavy machinery operations over nearly 100 acres.

Acting on a suo motu case registered following a mention by senior advocate and amicus curiae K Parameshwara, a bench of Justices B R Gavai and Augustine George Masih ordered that no activity—except for the protection of existing trees—shall be carried out by the State or any of its authorities until further notice

"In case, we find that any of the directions issued by this court are not complied with in true letter and spirit, the Chief Secretary of the State of Telangana would be held personally responsible for the same and proceeded further against," the bench warned.  

The court asked the Central Empowered Committee to personally visit the site in question and submit its report before April 16, 2025, the next date of hearing.  

Upon the mentioning, the court directed the Registrar (Judicial) of the High Court of Telangana to immediately go to the spot and submit his interim report by 03:30 p.m. on that day itself.

The Registrar, who immediately went to the spot and found, “The shrubs, bushes; small, medium size tress are being felled for the past few days. Big boulders and rocks were removed with the help of machineries. Some peacocks, some deers and some birds are seen in the said area. A large number of small, medium size trees and some big trees are being destroyed. Nearly, 100 acres of the said area was destroyed. A lake is there beside the deforested area. Deers are seen beside the lake. Adjacent to the said deforested area, HCU (Hyderabad Central University) administrative building is located. Near the said administrative block of HCU, three (3) helipads are seen."

The court noted the perusal of the report revealed that a huge development activity was being undertaken on the said Kancha Gachibowli Forest area.

On March 04, 2025, in a case titled as “Ashok Kumar Sharma, Indian Forest Service (Retd) Vs Union of India”, the bench took note of the fact that in various States the Expert Committees which were to undertake the task under Rule 16(1) of the Van (Sanrakshan Evam Samvardhan) Rules, 2023 had not been constituted.

"We had directed the Committees to be constituted within a period of one month from the said date. We had also directed that the said Committees shall complete the exercise, as required under Rule 16(1) of the Rules of 2023, within a period of six months from the date of the said order," the bench pointed out.

The court said it was recorded no steps would be taken by either the Union of India or the State, which would lead to reduction of the forest land unless the compensatory land was provided by either the Union of India or the State.

The report by the amicus curiae revealed that in accordance with the directions, a committee was constituted under the provisions of Rule 16(1) of the Rules of 2023 by the State of Telangana on March 15, 2025.          

"It is difficult to appreciate as to what was the alarming urgency to start the deforestation activity immediately after the said committee was constituted when the exercise as required under the Rule 16(1) of the Rules of 2023 was yet to be undertaken," the bench said.

The court noted the report also found that a certain number of peacocks, deer, and birds were also seen in the said area. These are, prima facie, indication that there existed a forest inhabited by the wild animals. It further shows that there is also a lake beside the deforested area and deers are seen beside the lake, it said.

After registering the suo motu case, the bench made the Chief Secretary one of the party respondents.

The court directed the respondent-Chief Secretary, State of Telangana to answer the queries: 

(i) What was the compelling urgency to undertake the developmental activities, including removal of trees from the said alleged forest area. 

(ii) As to whether for such developmental activities, the State has obtained the Environmental Impact Assessment Certificate. 

(iii) As to whether for felling the trees, the requisite permission from the forest authorities or any other local statutes has been obtained or not.

Case Title: In Re: Kancha Gachibowli Forest, State of Telangana