Tuesday, 02 January 2024 12:17 GMT

Aravalli Case: Big Relief As SC Stays November 20 Verdict That Limited Definition - Full Court Statement Here


(MENAFN- Live Mint) In a big relief to protesters and environmentalists, the Supreme Court stayed the verdict that limited the definition of the Aravalli range and decided against imposing a complete ban on mining activities in the Aravallis.

The Supreme Court bench of Chief Justice of India Surya Kant, Justice JK Maheshwari and Justice AG Masih heard on Monday, December 29, the suo motu case on the issues concerning the definition of the Aravalli Hills.

Also Read | Supreme Court steps in to review Aravalli hills issue; to hear matter tomorrow

The case was initiated amid concerns that the recent change in the definition of the Aravalli hills could open doors to unregulated mining and environmental damage.

On November 20, the Supreme Court had decided against imposing a complete ban on mining in the Aravallis, observing that such a prohibition could lead to illegal mining activities.

What did SC say during December 29 hearing?

The Supreme Court said on Monday that certain clarifications were necessary regarding the definitions it recently approved for the Aravalli Hills, while staying a ruling passed last month on the issue.

"We direct that recommendations of the committee and findings of the Supreme Court... shall remain in abeyance till then. Case to be taken up on January 21, 2026," the court ordered, according to the Bar and Bench.

Also Read | Centre rejects allegations, says 90% of Aravallis protected

The court decided to revisit the contentious issue of what constitutes the Aravallis and proposed forming an expert panel to comprehensively examine questions relating to their height and permissible mining in the region.

“We propose that a high-powered expert committee of domain experts be formed to analyse the report submitted by the expert committee,” the CJI was quoted as saying.

We deem it necessary that Committee's recommendation and directions of this Court be kept in abeyance. Stay to remain in effect till the constitution of the Committee

As per the report, the CJI said, "Prior to the implementation of the report or implementation of the judgment of this court...a fair independent exercise is needed to provide guidance" on:

1. Whether the definition of Aravalli restricted to a 500m area creates a structural paradox where the conservation area is narrowed

2. Has it broadened the scope of the non-Aravalli area where regulated mining can be conducted?

Also Read | Centre asks states to ban new mining leases to protect Aravalli

3. Whether regulated mining shall be allowed in the gaps, suppose there are two areas of 100 m and above and what is above the gap of 700 m between them

4. How to ensure ecological continuity can be preserved?

5. If a significant regulatory lacunae is discovered, then whether a significant assessment would be needed to maintain the structural integrity of the range.

What's the Aravalli case?

The suo motu case regarted to Aravalli ranges was initiated amid protests over a potential threat to the Aravallis following the Supreme Court's decision to accept a committee's recommendations on the mountain range.

The Aravalli range spans across Delhi, Haryana, Rajasthan and Gujarat.

In November, the Supreme Court had approved an elevation-linked definition for classifying landforms as part of the Aravalli Hills for the purpose of mining regulation.

According to reports, the definition would have excluded more than 90 per cent of the Aravallis for the purpose of mining.

What's November 20 order?

In May 2024, the Supreme Court, in a matter related to illegal mining in Aravalli, had called for properly defining the mountain range.

It was then noted that states had adopted different definitions for“Aravalli Hills/Ranges”.

A committee was then constituted to look into the issues. It then submitted a report in October this year, suggesting various measures to protect and preserve the Aravalli Hills.

It said that any landform in the Aravalli districts having an elevation of 100 metres or more from the local relief shall be termed as Aravalli Hills, Bar and Bench reported.

Also Read | Centre rejects allegations, says 90% of Aravallis protected

Further, it defined the Aravalli Range as“two or more Aravalli Hills located within a proximity of 500m from each other, measured from the outermost point on the boundary of the lowest contour line on either side."

In the judgment dated November 20, a bench of then CJI BR Gavai and Justices K Vinod Chandran and NV Anjaria had accepted the recommendations made by the Committee with regard to the definitions as well as the prohibition of mining in core or inviolate areas.

The court had also decided against imposing a complete ban on mining activities in the Aravallis, observing that such a prohibition leads to illegal mining activities, mafias and criminalisation.

(With inputs from Bar and Bench)

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