HYDERABAD: Stating that the entire 2,374 acres and two guntas, including the land assigned to the University of Hyderabad and the 400 acres in Kancha Gachibowli, appears to have all characteristics of a forest, the Supreme Court appointed Central Empowered Committee (CEC) opined that uprooting and clearing vegetation with heavy machinery caused extensive damage to the ecological integrity of the site.
However, the CEC’s report submitted to the apex court on Wednesday said that although there were significant “forest-like features,” they were insufficient for conclusive determination.
The report concluded that a vegetation density survey by the Forest Survey of India (FSI) would be the most reliable method to assess whether the deforested 100 acres and the rest of the 400 acres qualify as forest.
According to the CEC, of the 400 acres handed over to the Telangana Industrial Infrastructure Corporation (TGIIC) by the state government, development was initiated on 122 acres in the first phase.
Trees were uprooted using heavy machinery and the remains dumped at various locations. On April 3, during an inspection by the Forest Range Officer, Chilkur, 125 non-exempted trees were found to have been felled, leading to the booking of a case and relevant seizures.
As per the available records, 1,524 trees were felled in total, of which 1,399 were under the exempted category.
Signs of attempt to avoid legal scrutiny: CEC report
It was recorded that under the pretext of cutting exempted species, the contractor removed a large number of trees and shrubs using heavy equipment. The CEC also noted that sewage from nearby areas is entering the site and eventually reaching the lakes located there. Birds were observed around the adjacent lake.
The report stated that the speed at which the clearing was carried out by TGIIC appeared to be a deliberate effort to bypass the process of identifying forest-like areas, as mandated by the Supreme Court. Trees were cut nonstop using heavy machines, and the entire process was executed rapidly.
“This suggests an attempt to avoid legal scrutiny. A large police presence and round-the-clock operations indicated efforts to prevent protests and sidestep legal procedures. The covert and forceful nature of the operation raises concerns about legality and public transparency,” the report said.
It concluded that this may constitute a violation of Supreme Court directives and warrants urgent attention.
“On initial observation, the cleared area resembles a forest in both natural and ecological terms, making the clearing non-compliant with forest conservation and environmental laws. Additionally, the ownership of the land, now claimed by TGIIC, appears contested. Historical and legal records suggest the land was originally granted to the UoH under a conditional MoU, and any diversion from educational use would require prior approval,” it said.
The CEC stated that several rare rock formations were damaged during the clearing operations. This resulted in habitat loss and ecological imbalance, with species that depended on these formations displaced. No environmental assessment was conducted prior to these actions, which the report notes reflects a lack of due diligence.
Key recommendations
Supreme Court may kindly direct the reconstitution of the Expert Committee to include field forest officers, wildlife experts, ecologists, IT and remote sensing professionals, and survey agencies to ensure proper identification of forest-like areas as per the court’s orders
Supreme Court may direct the adoption of differentiated criteria for rural and urban areas in the identification process, ensuring a nuanced, accurate and environmentally sound classification in alignment with the objectives of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 2023
TGIIC has deliberately applied only for CFE under the Air (Prevention and Control of Pollution) Act, 1981, and Water (Prevention and Control of Pollution) Act, 1974, while avoiding EC under the EIA Notification, 2006. The state government shall be directed to examine as to what was the basis for piecemealing of the land, as it appears that it has been done to avoid the process of conducting Environment Impact Assessment (EIA) and preparing Environment Management Plan (EMP). In that event, the state government shall initiate disciplinary proceedings against the officers concerned of TGIIC for such act, and the CFE dated January 30, 2025, issued in favour of TGIIC, shall be cancelled by the Telangana State Pollution Control Board immediately
In light of the area’s rich biodiversity, presence of wildlife and ecologically significant lakes, Supreme Court may kindly consider protecting the entire vacant land of University of Hyderabad, including the subject land, as an ecologically sensitive zone and restrain further clearing or development activities until a comprehensive ecological assessment is conducted, preferably by the Wild Life Institute of India
Strict punitive action, including confiscation of machine used to fell/pull out trees, shall be taken against the officials concerned of the TGIIC who gave a false declaration in Form 13A and the contractor M/s Delta Global Services, who resorted to massive destruction of trees, of both exempted and non-exempted species, and shrubs present in the area under garb of felling trees of exempted species and clearing of vegetation
Prima facie, the subject land seems to be under the ownership of the University of Hyderabad. However, a thorough legal and administrative review of the land ownership status, especially in light of the conditional MoU with the University of Hyderabad, shall be undertaken to determine whether TGIIC’s claims are valid and free of encumbrance.
Until the ownership and legality of the land use are settled by the Supreme Court, all ongoing or proposed actions to mortgage, lease or commercially exploit the land by TGIIC may be stayed by the court to prevent further financial and legal complications
The Greater Hyderabad Municipal Corporation shall ensure that all sewage outlets flowing into the university campus are closed within the next 12 months after establishing suitable STPs outside the campus of the University of Hyderabad
In view of the seriousness of the violations and potential financial impropriety, an independent investigation by any specialised agency may be ordered to examine the legality of the clearance, the creation of third-party rights, the role of various TGIIC officials, and the possible misuse of public land for private gain
