INTRODUCTION
India’s ongoing struggle to balance urban development with environmental conservation is a long battle to which the Gachibowli case in Hyderabad, Telangana, is a classic example. The Hyderabad Forest Case involves the clearance of forest land around Hyderabad for the development of projects, sparking concerns over the loss of green spaces, wildlife harm, and environmental damage, highlighting the conflict between “Green V Greed”. This blog article will deeply examine the conflict between destruction and development across India.
BACKDROP OF KANCHA GACHIBOWLI FOREST LAND
The history of Kancha Gachibowli forest [1]The land was started in 1975. Originally, the land allocated to the University of Hyderabad (UOH) for the establishment of an Educational Institution by the Congress government, which was in power at both the central and state levels, was 2324 acres.
On 13 January 2004, 400 acres of land were transferred to a private party named IMG Academies Bharata Pvt Ltd for the development of a sports academy.
Further, on 21 November 2006, the contract for allotment of land was revoked as there was no development for two years, which was challenged in the Andhra Pradesh High Court. After two decades of long-court battle, the land was transferred to the Government on 7 March 2024
Dissatisfied with the ongoing trial, IMG Academies Bharata Pvt Ltd filed a Special Leave Petition (SLP) before the Supreme Court of India, which was dismissed, thus, the land was securely transferred to the Government.
On 1 July 2024, the Government transferred the land to Telangana State Industrial Infrastructure Corporation Ltd (TGIIC).
The Kancha Gachibowli forest area has recently intensified and was transferred to Telangana State Industrial Infrastructure Corporation (TSIIC) to set up Information Technology and mixed-use projects. The Telangana State Industrial Infrastructure Corporation (TSIIC) claimed that the land had been surveyed and approved for the development of an IT park and its subsequent auction. However, the University of Hyderabad issued a clarification stating that no such survey was conducted by any authority on its campus in July 2024, and neither was the demarcation of 400 acres of land made by the state government in 2006.
The controversy has led to significant environmental and legal concerns. It is important to note that the State government argued that Kancha Gachibowli is not a forest land rather it’s a revenue land, so the removal of vegetation is not against any law. It also mentioned that it would attract Rs. 20,000 crore revenue with approx. 5,00,000 employments, which was clarified by environmentalists that the nature of the land is like a forest, so it should not be used for a non-forest activity.
The government further claimed that there are neither any water bodies nor any exclusive Flora and Fauna found on the land. The government’s initiation of the project with 100 acres of forest destruction instigates fear amongst the Environmentalists, students, and local communities, leading to the protest. Students were detained and were lathi-charged.
The fear grew to the extent that an NGO filed a PIL (Public Interest Litigation) before the High Court of Telangana to declare the land in question as a National Park under the Wildlife Protection Act. [2]And also demanded to grant the status of “Deemed Forest”.
In addition to this, two more PILs were filed, one by Vata foundation calling the transfer of land arbitrary, and the second was filed by a retired scientist, Dr. Babu Rao Kalpal, who called the deforestation a violation of the Forest Conservation Act, 1980[3]
The High Court issued an immediate stay on the clearing activity, responding to the petition, citing the environmental decline and absence of necessary clearance, and also mentioned that the Kancha Gachibowli falls under the category of Forest under the Forest Conservation Act,19803
Disobedience of the order of the High Court by the State government led the matter to a greater degree. On 3 April, 2025, the Supreme Court took SUO MOTO cognisance and directed the Chief Secretary of Telangana to ensure there are “NO FELLING OF TREES”[4]. It additionally asked to answer the compelling urgency for this development activity and whether an environmental survey has been conducted, asking them to submit the report by 3.30 pm on the same day.
The Report Highlighted the following facts:
Scrutiny of the report underscores[5] the following points: –
- VAST DEFORRESTATION: It was revealed that nearly 100 acres of land had been cleared, with multiple small to large-sized trees being felled.
- PRESENCE OF WILDLIFE: It was noted that the land is home to over 734 species of flowering plants, including 10 species of mammals, 15 species of reptiles, and 220 species of birds. It was also found that a rare species known as the “Hyderabad Tree Trunk Spider” is also present on the land, which is not found anywhere else in the world.
- PRESENCE OF WATER BODIES: The land contained water bodies like Peacock Lake and Buffalo Lake, with observed deer around the water, highlighting the importance of water bodies.
- The study also observed that it was home to a 2.5-billion-year-old mushroom rock formation.
- DEPLOYMENT OF HEAVY MACHINERIES: In addition to the above facts report also claimed that there was the usage of heavy machinery was used for land clearance.
Analysing the report, the Supreme Court ordered a halt to the ongoing activities on the land and mentioned that a further hearing to be held on 7th April 2025.
PROVISIONS UNDER SCRUTINY
- Forest Conservation Act, 1980[6]
The main purpose of the act is to ensure that the forest land is not used for non-forest activities. The ongoing operation on the land in question is violative of the Act, as the government didn’t seek proper forest clearance.
- Environment Protection Act, 1986[7]
This act provides a framework for the protection and improvement of the environment and also mandates Environmental Impact Assessment involving the cutting of trees and clearance.
In the current scenario, the government failed to conduct the Environmental Impact Assessment as claimed by the University of Hyderabad.
- Wildlife Protection Act, 1972[8]
The Act ensures that wildlife habitat is not disturbed and is properly managed during the clearance of the land. It was observed that the land was home to several species and also empowers the central government to declare any area as a national park if it is a zoologically rich area.
- Article 21 of the Constitution of India [9]i.e., Right to life and personal liberty
It states the right to a clean and healthy environment.
Hence, the Supreme Court intervened to protect the balance between Green and Greed.
CONCLUSION:
This case observes a critical balance between urban development and environmental conservation. The land in question is rich in biodiversity, having rare species of flora and fauna, which was later subjected to the felling of trees without a proper procedure of environmental clearance and surveys.
The main issue revolved around whether the questionable land is to be considered as forest or not. This blog discusses the landmark judgment of the Supreme Court, “Godavarman Thirumulpad v UOI,” which states the definition and widens the scope of the forest.
The government, in the urge for development, forgot to look at the land, which is considered as lungs of the state, and the destruction of the same would lead to a rise in temperature of as much as 1.4 degrees centigrade, which is catastrophic for the already existing repercussions of global warming.
Authors Name: Anshika Agarwal and Palak Chauhan (Ramaiah College of Law, Bengaluru)
References:
[1] Krishnadas Rajagopal, “Destruction in Kancha Gachibowli forest area , depicts an alarming picture”, The Hindu, (New Delhi, 04 April,2025) , Telangana deforestation: Supreme Court says destruction in Kancha Gachibowli ‘forest’ area depicts an ‘alarming picture’ – The Hindu , Accessed 08 April,2025
[2] Wildlife Protection Act 1972, s2(21)
[3] Forest Conservation Act 1980, s2
[4]Ayesha Minhaz, “Kancha Gachibowli and the battle for Hyderabad’s last green heaven” Frontline (3 April 2025), Supreme Court Halts 400-Acre Tree Felling in Telangana’s Kancha Gachibowli Forest – Frontline, Accessed on 08 April,2025
[5] Srinivasa Rao Apparasu,“as Hyderabad university row spirals scanner on Ravanth Reddy government”, Hindustan times (Hyderabad, 4 april,2025) https://www.hindustantimes.com/india-news/as-hyderabad-university-row-spirals-scanner-on-revanth-reddy-government-101743706630915.html Accessed on 08 April, 2025
[6] Forest conservation act 1980, s2.
[7] Environment Protection Act 1986, s3 & 5
[8] Wildlife Protection Act 1972, s35
[9] Constitution of India 1950, art. 21.
