Amid outcry from activists, the top court kept in abeyance its November 20 directions that accepted a uniform definition of the Aravalli hills and ranges and imposed a ban on granting fresh mining leases across areas in Delhi, Haryana, Rajasthan, and Gujarat until expert reports are submitted
The matter has been listed for hearing on January 21. Representational Pic
The Supreme Court on Monday said public dissent and criticism over the definition of the Aravalli hills and ranges appeared to arise from perceived ambiguity and a “lack of clarity” in certain terms and directives issued by the apex court.
Amid outcry from activists, the top court kept in abeyance its November 20 directions that accepted a uniform definition of the Aravalli hills and ranges and imposed a ban on granting fresh mining leases across areas in Delhi, Haryana, Rajasthan, and Gujarat until expert reports are submitted, reported news agency PTI.
On November 20, the court had accepted the recommendations of a committee of the Ministry of Environment, Forest and Climate Change on defining the Aravalli hills and ranges to protect the world’s oldest mountain system.
On Monday, a three-judge vacation bench headed by Chief Justice Surya Kant said there had been a significant outcry from environmentalists, who expressed deep concern over the potential misinterpretation and improper implementation of the newly adopted definition and the court’s directions.
“This public dissent and criticism appear to stem from the perceived ambiguity and lack of clarity in certain terms and directives issued by this court,” the bench, also comprising Justices J K Maheshwari and Augustine George Masih, stated.
The court said there was a pressing need to further examine and clarify the issues to prevent any “regulatory gaps” that could undermine the ecological integrity of the Aravalli region.
The order was passed in a suo motu matter titled In Re: Definition of Aravalli Hills and Ranges and Ancillary Issues.
The bench noted that the Aravalli hills and ranges, often described as the “green lungs” of northwestern India, have for centuries sustained diverse ecosystems and supported the livelihoods of numerous communities.
“They serve as an indispensable ecological and socioeconomic backbone of the region, functioning as the primary geographical barrier separating the arid northwestern desert from the fertile northern plains,” it said.
Owing to their ancient geological formation, the Aravallis host some of the country’s most significant mineral deposits, the bench noted.
It further observed that the region has repeatedly been subjected to escalating anthropogenic pressures.
“Decades of unchecked urbanisation, systematic deforestation, and intensive resource extraction are said to have exerted immense strain on this inherently fragile ecosystem,” the bench stated.
The court recalled that since 2002, the apex court has been actively seized of issues concerning mining operations in the Aravallis and the need to protect their fragile ecology.
It said that before implementing the committee’s report or executing the November 20 directions, a “fair, impartial and independent expert opinion” must be obtained after involving all relevant stakeholders, PTI reported.
Such a step was essential to resolve “critical ambiguities” and provide definitive guidance on whether additional issues or systemic vulnerabilities might arise during the proceedings, warranting further judicial intervention, the bench said.
The court proposed constituting a high-powered expert panel comprising domain specialists to conduct a comprehensive assessment of the committee’s report, PTI reported.
The study would include a detailed identification of territories that may be excluded from protection under the proposed criteria and an analysis of whether “sustainable” or “regulated” mining within the newly demarcated Aravalli areas could cause adverse ecological consequences despite regulatory oversight.
It would also assess whether areas excluded from the definition risk eventual degradation or erasure, thereby compromising the overall ecological integrity of the Aravalli range.
The bench further directed a multi-temporal evaluation of the short-term and long-term environmental impacts resulting from the implementation of the recommended definition and associated directions.
Notice was issued to the Centre and the governments of Delhi, Rajasthan, Haryana, and Gujarat. The matter has been listed for hearing on January 21.
(With PTI inputs)
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