The Telangana High Court has postponed the hearing on multiple petitions concerning the felling of trees in the Kancha Gachibowli forest area near the Hyderabad Central University campus. The new date for the hearing is set for April 24. This decision comes in light of the Supreme Court's current engagement with the issue.
A division bench comprising Acting Chief Justice Sujoy Paul and Justice Renuka Yara noted that the State had yet to submit its response, which was due. The bench is addressing a petition from the Vata Foundation challenging a government order that allegedly allocates 400 acres of green land in the area for IT infrastructure development. Additionally, the court is considering a Public Interest Litigation (PIL) filed by retired scientist Kalapala Babu Rao seeking similar remedies, and a plea from the Student's Union asserting that the land belongs to the University.
Read Also:- Supreme Court Reserves Verdict on BRS MLAs' Defection Case: Delay by Speaker Under Scrutiny
The court stated, "Parties have jointly agreed, list this matter on April 24. In the meantime, it will be open for the respondents to file their respective counters/records."
Senior advocate S Niranjan Reddy, representing the Vata Foundation, informed the bench that following the High Court's directive for the State to file a counter on April 3, a report from the High Court's Registrar was submitted to the Supreme Court. He noted that the Supreme Court is now handling the matter and has ordered a further inquiry. Reddy suggested that since the Supreme Court has issued a protective interim order, it might be appropriate for the High Court to allow the Supreme Court to decide on the matter.
Read Also:- Supreme Court Blocks Tree Cutting in Kancha Gachibowli, Demands Answers from Telangana Government
The bench responded, "Since Supreme Court has taken up the matter, all of you agree we will keep it after vacations."
On April 3, the Supreme Court expressed concern over the extensive tree felling in the Kancha Gachibowli area and ordered a halt to all developmental activities there.
Senior advocate Menaka Guruswamy, representing the State's forest department, highlighted that the Supreme Court is addressing the matter. She raised concerns about the legal case being misrepresented as fake news, potentially disrupting social harmony. Guruswamy sought permission to file a preliminary report on behalf of the police regarding the generation of such fake news.
Read Also:- Supreme Court Rebukes Telangana CM Again Over Controversial Assembly Remarks
The bench advised, "This is not your petition. You are not petitioner before us. You file your counter, whatever you want to say."
The central government's counsel mentioned that the central authorities had also requested a report from the State government.
The court scheduled the Student's Union plea for April 24.
Previously, on April 2, the court had directed that "no coercive steps" be taken by the State until the next hearing on April 3, a protection that was subsequently extended.
Concurrently, the Supreme Court, on April 3, took suo motu cognizance of the matter and directed the State's Chief Secretary to file an affidavit addressing specific queries:
- What was the compelling urgency to undertake the developmental activities, including the removal of trees from the alleged forest area?
- Whether for such development activity, the State has obtained the Environmental Impact Assessment certification. Whether for felling the trees, requisite permissions from the forest authorities, or any other local statutes have been obtained or not?
- What is the necessity of having officers (specified in the order) in the committee constituted by the State of Telangana in as much as prima facie they have nothing to do with the identification of forests?
- What the State is doing with the felled trees?
Earlier that day, the apex court issued an interim order halting tree felling in the area and directed the Registrar (Judicial) of the High Court to inspect the site and submit a report by 3:30 PM on April 3. Upon reviewing the Registrar's report, the Supreme Court observed that significant development activities were underway in the area.
Case title: Vata Foundation ENPO vs. State of Telangana and batch
