Justice BR Gavai reaffirmed the court's commitment, saying it would go out of its way to ensure justice under the powers of Article 142 of the Indian Constitution.
Published Apr 16, 2025 | 3:07 PM ⚊ Updated Apr 16, 2025 | 3:07 PM
The apex court ordered Telangana's chief wildlife warden to ensure the safety of all wildlife in the area.
Synopsis: The Supreme Court rapped the Telangana government’s hurry in felling the trees at Kancha Gachibowli on a three-day holiday. The court demanded an explanation and emphasised the need for a restoration plan, stating that it took precedence over any justification the state had for its actions. The Bench informed the state that it could either present a plan or see some of its officers heading to prison.
Coming down heavily on the Telangana government for large-scale felling of trees at Kancha Gachibowli near Hyderabad, the Supreme Court on Wednesday, 16 April, ordered the immediate restoration of the forested land rather than providing justifications.
A Bench of Justice BR Gavai said that the court was less interested in the interpretation of bureaucrats and ministers and more concerned about the wildlife in the area. It expressed surprise at various videos of herbivore animals being attacked by stray dogs in the area.
Hearing a suo motu petition, the apex court ordered Telangana’s chief wildlife warden to ensure the safety of all wildlife in the area.
“What is the tearing urgency to do it in 3 days’ holidays?” Justice Gavai questioned. “Bulldozers were brought in during those holidays. We are here to protect the environment.” He emphasised the need for a restoration plan, stating that it took precedence over any justification the state had for its actions.
Reiterating its importance, the Bench informed, “If you want the Chief Secretary to be saved from severe action, you have to come out with a plan as to how you would restore those hundred acres.”
Justice Gavai also reaffirmed the court’s commitment, “Under Article 142, we can do anything. For the protection of the environment and ecology, we will go out of our way if needed,” he said.
Earlier on 3 April, the Supreme Court expressed shock at the large-scale deforestation. It sought a response from the Chief Secretary, Shanthi Kumari, warning that she would face legal action for any lapses.
Expressing shock at the incident, the court directed the state to maintain status quo at the land. It further directed a Centrally Empowered Committee (CEC) to submit a report on the issue. Subsequently, the CEC visited the land on 10 April.
While hearing the case on Wednesday, the court asked the state if it had permission to fell trees. Responding, Senior Advocate A M Singhvi said on behalf of the state that it had due permission for axing trees, barring a few.
Retorting, Advocate Parmeswar stated that the state was self-certifying. Parmeswar further pointed out the mortgage of the land for ₹10,000 crore. However, the Bench reiterated its focus on the environmental toll.
“We will not go by the interpretation of bureaucrats or ministers. We are surprised to see herbivorous animals in the videos, they are running to seek shelter, bitten by stray dogs,” LiveLaw reported, quoting Justice Gavai.
“Better course for you, rather than justifying, would be to give a plan how you are going to restore,” Justice Gavai proposed. It also highlighted the need for the chief wildlife warden to come up with a plan to protect the fauna of the area.
It further stated the importance of green spaces in a city, citing the example of the Sanjiv Gandhi National Park in Mumbai.
Speaking of the restoration, Justice Gavai warned, “If you try to oppose restoration, then temporary prison for your officers.” “It’s up to the state…whether it wants some of its officers to go to a temporary prison,” he added, asserting the need for a restoration plan.
Listing the case for 15 May, the court ordered, “Pursuant to our last order, the CEC has inspected the spot and submitted report. Dr Singhvi appearing on behalf of respondent-state states that report is voluminous and state would take some time to respond. Four weeks’ time is granted.”
Welcoming the Supreme Court order, the Opposition BRS said it was “a huge win for all those who care for the environment, and its protection in Hyderabad and rest of Telangana”.
Taking to X, BRS working president KT Rama Rao thanked “everyone who stood up for the voiceless tress, and wildlife in Kancha Gachibowli, particularly the students and faculty of the University of Hyderabad for their tireless hard work to protect 400 acres of forest in the city”.
“The BRS party also welcomes the recommendation of the Central Empowered Committee of the Supreme Court which took note of possible financial fraud in mortgaging Kancha Gachibowli to a private party by the Revanth Reddy government
This validates the BRS party’s stand that there was a massive financial fraud and reiterates that Chief Minister A Revanth Reddy is responsible for perpetrating a Rs 10,000 crore scam on the people of Telangana, and in the process, becoming villain No. 1 against the state’s forests and wildlife,” he said.
(Edited by Majnu Babu).