SC halts Telangana’s forest destruction in Kancha Gachibowli, demands accountability, and warns officials of legal consequences for violating environmental laws.
SUPREME COURT STOPS KANCHA GACHIBOWLI’S FOREST DESTRUCTION
CASE IN NEWS
The Supreme Court took suo motu cognizance of Telangana’s clearing of 100 acres in Kancha Gachibowli, warning the Chief Secretary and halting further activity.
CASE OVERVIEW
CASE NAME: In Re: Destruction of Kancha Gachibowli Forest, Telangana
- 100 acres of land flattened in Kancha Gachibowli, allegedly a forest area.
- The Supreme Court acted suo motu against the incident that happened on March 3, 2025, and directed the inspection by High Court Registrar.
- The defense of the state government: It claims that the land was not marked as forest land.
- SC’s response: Cites peacocks, deer, and other wildlife to indicate the presence of a forest ecosystem.
- March 4, 2025: SC had formally ordered nationwide prohibition on deforestation already.
- April 16, 2025: Last date for Telangana Chief Secretary to submit affidavit explaining the clearance process.
LANDMARK JUDGMENTS
- T.N. Godavarman Thirumulpad vs. Union of India (1996): Enlarged the conception of “forest” beyond what is recorded in government documents to include areas with characteristics similar to forests
- M.C. Mehta vs. Union of India (2002): Underlined the basis for the right to a healthy environment within Article 21.
- Lafarge Umiam Mining Case (2011): Underlined the necessity of Forest Advisory Committee clearance before using forest land for purpose other than forest.
- Hinch Lal Tiwari vs. Kamala Devi (2001): Recognition of public interest in natural resources such as lakes and catchment areas.
LEGAL FRAMEWORK
- Forest Conservation Act, 1980: It involves guidance on deforestation and mandates government approvals for the use of land change.
- Environment Protection Act, 1986: The Act provides the powers to the government to take preventive steps to protect the environment.
- Van (Sanrakshan Evam Samvardhan) Rules, 2023: These rules entail that states will identify and document forests to thwart illegal deforestation.
- Environmental Impact Assessment (EIA): Mandatory for project affectation.
- SC’s order of March 4, 2025: This bans activities that result in loss of forest cover across the whole of India and hold officials accountable.
CONSTITUTIONALITY
- Article 21: The right to life entails the right to a clean and healthy environment.
- Article 48A: Directive Principle provides the state a mandate to protect and improve the environment and to safeguard forests and wildlife.
- Article 51A(g): Fundamental duty of the citizen to protect the environment and to show compassion towards living creatures.
IMPACT
- Legal consequences: Telangana Chief Secretary faces personal liability; further legal action is possible.
- Environmental damage: Loss of biodiversity, depletion of water catchment areas, and habitat destruction.
- Ground-breaking case: More judicial oversight will be put to deforestation and urban expansion projects.
- Increased scrutiny: Future government projects may need to comply with environmental laws with utmost strictness.
COURT’S VERDICT
- Halt all actions immediately, except for preserving the remaining trees.
- Further devastation will be held against the Chief Secretary.
- To investigate and report findings, to the Central Empowered Committee.
- The affidavit thus made compulsory from the Telangana state government should detail approvals, environmental clearances and handling of the cut trees.
- Warnings of potential jail time: Justice Gavai said that if the violations continued then the chief secretary could be sent to a “temporary prison,” which would be established at the site.
This case demonstrates the hard line taken by the judiciary to protect the environment and sends the strong message that development cannot be realized at the cost of devastation of ecology.
SUPREME COURT STOPS KANCHA GACHIBOWLI’S FOREST DESTRUCTION
Source: Supreme Court of India
Also Read: SUPREME COURT STOPS TREE FELLING IN TELANGANA FOREST
