SC warns Telangana govt: Restore Gachibowli forest or face jail time

The Supreme Court has come down hard on the Telangana government for unauthorised tree felling in the ecologically rich Kancha Gachibowli area.

During the latest hearing on Wednesday (April 16), the bench led by Justices BR Gavai and AG Masih directed the state to present a concrete plan for restoring 100 acres of forest that were cleared, or risk jail time for its officers.

The apex court sternly expressed that restoration of status quo at the site will be the Court's top priority and directed the Wildlife Warden of the State to take immediate steps to protect wildlife affected by the deforestation.

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Telangana faces heat

The apex court warned that top bureaucrats in Telangana, including the Chief Secretary, could face “temporary imprisonment” if a credible restoration plan is not presented within four weeks.

The SC sternly expressed that the restoration of status quo at the site will be the Court's first priority and directed the Wildlife Warden of Telangana to take immediate steps to protect the wildlife affected by the deforestation.

The deforestation, carried out over a long weekend in March 2025, included the felling of over 1,300 trees using bulldozers and heavy machinery.

The state government claimed that the trees were “exempted species” under the Telangana WALTA Act, requiring only self-certification for clearance.

No more felling trees

The bench rejected Telangana's defence, emphasising that no administrative rule can override the Supreme Court’s landmark 1996 judgment which defined forests by their dictionary meaning and required permissions for tree removal, regardless of ownership.

Drawing parallels with the Union and Maharashtra governments — which had engaged in prolonged legal battles over tree felling for important projects — Justice Gavai questioned if there is any such self-certification in Telangana that would contravene the 1996 Supreme Court judgment.

The Court ordered an immediate halt to any tree-felling activity. It also warned Telangana government about sending its officers to a "temporary prison" if the state chooses to oppose restoration.

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State under fire

Senior Advocate Abhishek Manu Singhvi, appearing on behalf of Telangana, informed the court that all developmental work in the disputed area had been halted. He further submitted that any perceived procedural lapses were “bonafide and inadvertent.”

Responding to a specific query as to whether the state had obtained requisite permissions from the tree authorities before felling trees, Singhvi replied, “Yes, except for a small number of trees.”

He asserted that around 1,300 trees had been exempted based on self-certification, as permitted under the relevant provisions of the WALTA Act and its accompanying rules.

Justice Gavai questioned this justification: “Even in light of our 1996 ruling, which established that the term ‘forest’ must be interpreted in its dictionary sense? Does this imply that such actions are above the Supreme Court’s orders?”

“We will not rely on interpretations offered by bureaucrats or ministers,” the bench remarked. “The state must explain how it sought to circumvent the Court’s 1996 ruling.”

Justice Gavai further probed the rationale behind initiating bulldozing activities during a three-day holiday period in March 2025, questioning the urgency of the move.

'Come up with a plan'

Senior Advocate K Parameswar, appearing as Amicus Curiae, informed the Court that the State of Telangana had adopted a “self-certification” mechanism, whereby it unilaterally determined that certain tree species were exempt from the purview of the Supreme Court’s 1996 judgment, bypassing the requirement for prior approval before fellingthe trees.

Citing the latest report by the Centrally Empowered Committee (CEC), Parameswar alleged that the state had mortgaged land in the subject area to a private party for ₹10,000 crore, shortly before bulldozers were deployed to clear the area.

Notably, the affidavit submitted by the State’s Chief Secretary failed to address or even mention this transaction. Parameswar further conveyed the CEC’s apprehension that, following this mortgage deal, private entities might assert claims over the subject land.

Upon hearing these submissions, the Court clarified that its immediate concerns centred around four key issues: the restoration of the status quo on the 100-acre site, preservation of the ecological balance, the presence of heavy machinery (bulldozers) at the location, and the cutting of trees without securing due permissions.

The bench directed the State of Telangana to submit a concrete plan for reforestation and ecological restoration of the affected area.

“If you want 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 warned. “Otherwise, we cannot say how many of your officers may end up spending time in temporary custody.”

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Wildlife at risk

Additional evidence presented by an intervenor highlighted the plight of wild animals displaced due to rampant clearing. The Court noted that it was appalled to see videos of herbivores being attacked due to lack of cover.

Expressing shock over visuals of displaced wildlife, including deer and peacocks attacked by stray dogs, the court ordered the Telangana government to take urgent steps to protect the remaining animals.

The bench compared the need for “green lungs” in urban spaces like Guindy National Park in Chennai, and Sanjay Gandhi National Park in Mumbai.

The Court underscored that its foremost priority lies in safeguarding the environment and addressing the damage already done to it.

It made clear that any enactment that runs contrary to the Supreme Court’s 1996 judgment would not be tolerated.

Responding to the CEC’s concern that private entities might stake claims over the disputed land owing to the alleged mortgage, Justice Gavai remarked that the bench would go out of its way, if need be, to protect the environment.

“Under Article 142 of the Constitution, this Court has wide-ranging powers. For the protection of the environment and ecology, we will not hesitate go out of the way if needed,” the judge declared.

Background context

The controversy erupted after the Telangana State Industrial Infrastructure Corporation (TSIIC) initiated efforts to clear approximately 400 acres of green cover in the Kancha Gachibowli region, to establish IT infrastructure.

Reports indicated that the state authorities attempted to convert this green zone into an IT corridor without obtaining the requisite environmental clearances.

In its defence, the Telangana government contended that the land in question was designated as "industrial land," dismissing the petitioners’ objections as being primarily based on Google images.

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What's next?

The state has until May 15 to submit a comprehensive revival plan. Failing this, the court hinted at strict consequences, stating its willingness to invoke Article 142 to ensure complete justice and protect the environment.

“Under Article 142 of the Constitution, this Court has wide-ranging powers. For the protection of the environment and ecology, we will not hesitate go out of the way if needed,” the bench declared.