Tree felling SC says no activity till further orders asks Telangana to explain compelling urgency

     New Delhi, Apr 3 (PTI) The Supreme Court on Thursday asked the Telangana government to explain the "compelling urgency" for clearing a large tree cover on a land parcel next to University of Hyderabad, and stayed any future activity till further orders.
     A bench of Justices B R Gavai and Augustine George Masih, which took suo motu cognisance of the state's tree felling drive in Kancha Gachibowli Forest, called it a "very serious" matter.
     It said the interim report placed before it by the registrar (judicial) of the Telangana High Court depicted an "alarming picture" as a huge number of trees were being felled aside from the deployment of huge machineries.
     "We direct that until further orders, no activities of any sorts, except the protection of the trees already existing, shall be undertaken by the state," the bench said.
     The state chief secretary was ordered to answer several of its questions, including, the "compelling urgency" in clearing the green cover for developmental activities from a purported forest area.
     The top court cautioned if it found lapses on the part of the state, it would take action against the chief secretary.
     "He will go to temporary prison constructed at the same spot near the lake," the bench said, "if your chief secretary wants to enjoy the state hospitality, one can't help it."
     The chief secretary was directed to explain whether the state had obtained the environmental impact assessment certificate for the development activities.
     The bench asked whether for felling the trees, requisite permission from the forest authority or any other local statutes was obtained.
     In case the state authorities were found in the violation of any of its directions in true letter and spirit, the onus would fall on the state's chief secretary, it added.
     The court enquired about the status of the felled trees.
     A central empowered committee was directed to visit the place in question and submit its report prior to April 16, when the matter would be heard again.
     The committee was formed in 2002 after a top court order for monitoring and ensuring compliance of the directions of the apex court on preservation of forests and wildlife.
     The apex court referred to its March 4 order in a separate matter in which it had directed the states and union territories to constitute within a month an expert committee for preparing a consolidated record of lands, including forest like areas, unclassed and community forest lands.
     The bench said it had also directed that the expert committee to complete within six months the exercise as required under Rule 16 (1) of the Van (Sanrakshan Evam Samvardhan) Rules, 2023.
     On March 4, the court said it had reiterated the Centre's previous stand of taking no steps, even by the state, that led to the reduction of forest land unless a compensatory land was provided.
     The bench observed as per a compilation placed before it by senior advocate K Parameshwar, assisting it as an amicus curiae, the committee was constituted under the provision of Rule 16 (1) by Telangana on March 15.
     The apex court found it difficult to fathom the "alarming urgency" to start the deforestation activities immediately after the committee was constituted.
     The bench also asked the chief secretary to explain the necessity of having certain officers in the committee, when prima facie "such officers had nothing to do with identification of the forest".
     Referring to a report of the registrar (judicial) and the photographs he shared, the court said peacocks, deers and birds were also seen in the area, indicating signs of a forest.
     The bench said the report also showed a lake beside the deforested area.
     Earlier in the day, the bench took note of the felling of trees, and directed the registrar (judicial) to visit the site.
     When the matter was again taken up for hearing at around 3.45 pm, the bench noted the registrar (judicial) had gone to the spot and filed his interim report.
     "We would only like to remind... howsoever high one may be, not above the law," Justice Gavai observed.      The court was only interested in protecting the trees, he added.
     The matter was mentioned before the bench earlier in the day by Parameshwar, who referred to the news reports on tree felling.
     "From the newspapers, it depicts that a vast deforestation is being carried out in the Kancha Gachibowli forest. It shows that large number of trees are being felled," the bench noted.
     The news items, it said, showed that the authorities "taking advantage of long holidays over the weekend" have rushed to fell trees.
     "Additionally, the forest is said to be home to eight species of scheduled animals," the bench said.
     The bench was informed that the Telangana High Court was also seized of the same issue.
     "We clarify that we are not staying the proceedings before the High Court of Telangana," it said.
     Students of the University of Hyderabad are protesting against the state government's plans to develop the 400-acre land parcel bordering the university.
     The Telangana High Court on Thursday posted the hearing in the matter on April 7.
     On March 2, the high court directed the state government to halt all work on the land parcel for a day till Thursday.
     The University of Hyderabad Students' Union and other unions and associated parties have launched an indefinite protest and announced a boycott of classes from April 1, demanding withdrawal of the police personnel from the campus and removal of earth-moving machinery.

(This story has not been edited by THE WEEK and is auto-generated from PTI)