The state forest department has endorsed the stance of IIT-Madras that its campus was not situated in a reserved forest area. However, citing a 1996 Supreme Court judgment, the department argued that vast areas of the campus still qualify as forest and hence the institution violated law by not getting permission for construction activities in the campus as mandated by the apex court.
Wildlife warden K Geethanjali, in an affidavit submitted before the southern bench of the National Green Tribunal on Monday, said the 383 acres of land originally classified as reserve forest was denotified by a government order in 1961 and subsequently assigned to IIT-Madras. While the area was not strictly classified as a reserve forest, the institution was still bound to get permission from the Central government for construction activities, the affidavit said.
The tribunal was hearing a petition filed by E Seshan, an environmental activist, stating that IIT-Madras, one of the premier technology institutions in the country, violated the law by felling a large number of trees on its campus for construction activities. Seshan had alleged that the institute failed to get permission from state or central authorities for the construction. The tribunal had already issued an interim order restraining IIT- Madras from carrying out any further construction activity on the campus.
In its affidavit filed on May 5, IIT-Madras had maintained that the campus was not forest land.
However, the Forest Department on Monday argued that as large areas of the campus qualify to be forest due to tree cover and presence of wild animals and hence comes under the provisions of the Forest (Conservation) Act, 1980. “There are large undeveloped/unutilised areas in the campus, which, because of presence of wild animals and tree cover qualify to be a forest as defined by the Hon’ble Supreme Court of India. The IIT-Madras can develop the area, which is qualified to be a forest, only with the permission of Government of India,” read the affidavit.
Further, the forest department also cited that the IIT-M campus falls within 10 km of the Guindy National Park and hence prior permission is mandatory for any new building above 20,000 sqm. An inspection by the wildlife warden found that buildings spread about 84,040 sqm is under construction on the campus. These constructions are being made in the areas of existing or demolished buildings.
The department argued that IIT-M should not develop the forest areas without permission from competent authorities and must not do anything harmful to the habitat and movement of wildlife. The institution must be directed to plant ten saplings for every tree it had cut on the campus so far. In another affidavit filed by CMDA, the agency said IIT-Madras had submitted proposals seeking permission for construction and they were under consideration.