Restore Forest Or Officials Will Go To Jail, SC Tells Telangana

Hyderabad:A Supreme Court bench headed by Chief Justice B.R. Gavai on Thursday, once again asked the state government to restore the devastated forests in the Kanchi Gachibowlu land adjacent to the University of Hyderabad, or be ready to face contempt proceedings. The court made it clear that the Chief Secretary and other officers would have to go to prison, if the state government wanted to debate or defend its action instead of taking up restoration works.

The bench said that it appeared, prima facie, that the devastation of the forest was pre-planned by the state government which took advantage of a long weekend, when the courts were not available, to cut down the trees.

The bench, also comprising Justice Augustine George Masih, was dealing with a suo motu case of deforestation activities in the Kancha Gachibowli land by deploying a larger number of bulldozers. The bench gave a clear indication that it was for the state government to make a choice between restoring the forest or wanting to send their officials to prison.

"You should not have indulged in this. Taking advantage of a long weekend, you did all this thing. If you had the bonafides, why did you not start it on a Monday? Why did you only start it at the beginning of a long weekend,” CJI Gavai questioned the state government.

He added that the authorities had managed to arrange dozens of bulldozers to fell the trees but had not taken the requisite environment clearances. The court discarded the state government’s arguments that there were exemptions with regard to cutting small sized plants, and that there was a provision for self-declaration. The CJI asked: “Did you take permission or not ? Why did you start work on the long weekend,” and said: “Other than restoration works, nothing will be heard.”

Senior advocate Abhishek Singhvi, representing the state government, submitted that there was no activity being carried out at the site and assured the court that its directives would be implemented in "letter and spirit". Further, he appealed for an opportunity to make the case that development and environmental preservation could co-exist.

“I am here to persuade My Lords that ecology and IT can go together. Can I not persuade Your Lordships? Must I drop my case here and now,” Singhvi said.

Reacting to it, the CJI observed that it was not the issue of compatibility between ecology and IT … “whether you have followed the rules and law before cutting the trees.” Moreover, Chief Justice Gavai clearly expressed that the court`s priority was to preserve the environment and sustainable development.

Senior advocate K. Parameshwar, amicus curiae, brought to the notice of the court that the Forest Survey of India (FSI) had given a report to the Central Empowered Committee (CEC) after using satellite imagery, indicating that only 60 per cent of the total 104 acres where trees were felled, was moderately dense and heavily dense forest.

During the hearing, another advocate said he had filed an application on behalf of whistleblower students who wanted to save the forest. He filed an interim application seeking to set aside the criminal cases filed against the students, who had protested against the deforestation activities. He submitted that the students were facing criminal charges and that examinations in the university were underway.

The CJI said the applicants could move a separate plea raising their grievances. "We are concerned only with the protection of the forest. Don't enlarge the scope," the bench said. The court adjourned the hearing to July 23 and by that time, the state government has to furnish a report on the restoration works it has carried out.