India’s Supreme Court said on Friday that no mining or related activity can take place in the Aravalli Hills until a court-appointed panel of experts completes a revised definition of what constitutes the ecologically sensitive region, according to the Times Of India.
A bench headed by Chief Justice Surya Kant and Justice Joymalya Bagchi said the court will not allow even a single part of the Aravalli region to be used or altered until it is satisfied with the new framework prepared by the expert committee.
The court was hearing a suo motu matter titled “In Re: Definition of Aravalli Hills and Ranges and a collateral issue”, according to PTI.
“There’s a lot going on there. We’re getting feedback and it’s pretty concerning,” Kant noted during the hearing. The lawyer who raised the issue told the court that any party whose mining lease is revoked can challenge the action in court.
“We will not allow even an inch of Aravali to be used for any purpose unless we are satisfied with the new definition proposed by the expert committee we are to constitute, taking into account the names suggested by amicus curiae K Parameshwar, the Union government and the parties,” TOI quoted the chief justice as saying.
The bench further said, “Now we will not pass any order in favor of the mining lease holders. This is a sensitive matter.”
SC remains on its own judgment defining Aravalli
On November 20 last year, the Supreme Court adopted a standardized definition of the Aravalli Range and banned the issuance of new mining leases in the entire area in Delhi, Haryana, Rajasthan and Gujarat until an expert panel submits its report.
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The court approved the recommendation of a committee set up by the Union Environment Ministry to come up with a definition to protect one of the world’s oldest mountain systems.
According to the committee, “Aravalli hill” means any terrain located in the designated Aravalli districts that rises at least 100 meters above the surrounding terrain. The “Aravalli Range” has been defined as a group of two or more such hills located within 500 meters of each other.
On December 29, however, the court responded to widespread criticism of the revised definition by suspending its November 20 order. It also continued to suspend all mining activities in the Aravalli region pending further consideration.
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The monitoring committee noted that several “critical uncertainties” still needed to be resolved, including concerns over whether the 100-metre height threshold and the 500-metre distance between hills criterion could leave a substantial part of the Aravalli range without ecological safeguards.
Earlier, the court observed that the committee’s previous report and its judgment “failed to expressly clarify certain critical issues” and stressed that there was an “urgent need to further examine” the matter to ensure that no regulatory loopholes jeopardize the ecological integrity of the Aravalli region.
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The bench also reiterated that as per its order dated May 9, 2024, no mining permits can be granted in the “Aravalli Hills and Ranges” as defined in the Forest Survey of India report issued on August 25, 2010, without prior permission from the court.
The bench noted, “There has been significant outcry among environmentalists, who have expressed deep concern about the potential for misinterpretation and misapplication of this court’s newly adopted definition and guidelines.”
(With agency input)
