A Public Interest Litigation (PIL) has been filed before the Telangana High Court, challenging the decision of the Telangana State Industrial Infrastructure Corporation (TSIIC) to auction 400 acres of green land in Kancha Gachibowli, Serlingampally Mandal, for IT infrastructure development. The petitioner argues that this action is in violation of the Forest Conservation Act, 1980, and has sought the cancellation of all steps taken by the State in furtherance of this decision. The PIL also urges the Court to declare the land in question as a 'National Park.'

A Division Bench comprising Acting Chief Justice Sujoy Paul and Justice Renuka Yara has issued notice on the PIL and scheduled the matter for hearing on April 7, 2025. During this hearing, the Court will consider the interim relief sought by the petitioner to prevent further clearing of vegetation from the land.

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"List on 07.04.2025 in Motion hearing for considering the prayer for interim relief," the Court ordered.

The petitioner, Vata Foundation ENPO, contends that the land has remained untouched for centuries and is home to approximately 237 species of birds, as well as spotted deer, wild boars, star tortoises, snakes, and unique rock formations and lakes. The PIL highlights the ecological significance of the land and raises concerns about its potential destruction.

According to the petitioner, TSIIC acquired the land in 2012 and issued a Government Order (GO) in 2024 to alienate the land for IT sector expansion. Following this, tree felling commenced at an increasing pace, prompting the petitioner to seek judicial intervention. The plea also brings to light the necessity of protecting land belonging to the University of Hyderabad, which is ecologically connected to the disputed land and forms part of the forested region.

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The petitioner further informed the Court that, in response to environmental concerns, TSIIC issued a press note stating that the mushroom rock formation within the area would be designated as a 'green zone' under the master plan. However, the petitioner contends that such measures would not sufficiently compensate for the ecological damage caused by deforestation.

Relying on the landmark case of T.N. Godavarman Thirumulpad v. Union of India, the petitioner argued that forests must be preserved regardless of ownership. The plea emphasizes that, as per the Wildlife Conservation Act, forest land can only be alienated with prior approval from the Central Government. However, no such approval was obtained before the auctioning of this land, rendering the decision legally questionable.

Additionally, the petitioner cited Rule 16(1) of the Forest Conservation Rules, 2023, which mandates State Governments to identify 'forest-like areas' and establish an Expert Committee for their management. The plea also referenced the Supreme Court's directive in Ashok Kumar Sharma v. Union of India and Others, which required all States to comply with this rule within one month. The petitioner argued that the State Government's failure to adhere to this directive renders the GO illegal.

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Another major contention raised in the PIL is that no Environmental Clearance was sought, nor was an Environmental Impact Assessment (EIA) conducted before initiating the land alienation process. The petitioner asserts that such omissions violate environmental regulations and pose a significant threat to the region’s biodiversity.

In light of these concerns, the petitioner has urged the Court to invoke its powers under Section 35 of the Wildlife Protection Act, 1972, to designate the land as a National Park. The PIL draws a parallel with the Kasu Brahma Reddy Park, which was declared a National Park despite being located in the heart of Hyderabad, arguing that a similar approach should be adopted for this ecologically significant land.

Case title: Vata Foundation ENPO vs. State of TS

Counsel for petitioner: S. Niranjan Reddy, Senior Counsel representing Omer Farooq.

Counsel for respondents: A. Sudarshan Reddy (AG), B. Narasimha Sharma (ASG)