SC Halts Mining Activity In Aravalli Until Revised Definition Is Finalised As It Receives 'Quite Disturbing' Feedback
A bench headed by Chief Justice Surya Kant and Justice Joymalya Bagchi stated that the court would not allow even a single part of the Aravalli region to be exploited 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 Ancillary Issue”, as per PTI.
“Lot of things are happening there. We are getting feedback and it is quite disturbing,” Kant observed during the hearing. The bench told the lawyer who stated the issue that any party whose mining lease is cancelled may contest the action through legal proceedings.
“We will not allow an inch of Aravali to be used for any purpose unless we are satisfied with the new definition that will be proposed by the expert committee to be constituted by us, taking into account the names suggested by amicus curiae K Parameshwar, Union govt and parties,” TOI quoted the Chief Justice as saying.
The bench further stated,“We will not pass any order in favour of the mining lease holders now. This is a sensitive matter.”
SC stays its own judgement defining AravalliThe apex court, on November 20, last year, adopted a standardised definition of the Aravalli Hills and prohibited the issuance of new mining leases across the range in Delhi, Haryana, Rajasthan, and Gujarat until expert committees submitted their reports.
Also Read | Aravalli case: Big relief as SC stays order limiting definition | Full statementThe court approved the recommendations of a committee constituted by the Union environment ministry, which was tasked with framing a definition to safeguard one of the world's oldest mountain systems.
According to the committee, an“Aravalli Hill” refers to any landform located in designated Aravalli districts that rises at least 100 metres above the surrounding terrain. An“Aravalli Range” was defined as a group of two or more such hills situated within 500 metres of one another.
However, on December 29, the court responded to widespread criticism of the revised definition by suspending its November 20 order. It also continued the stay on all mining activities in the Aravalli region pending further consideration.
Also Read | Centre asks states to ban new mining leases to protect AravalliThe SC observed that several“critical ambiguities” still need to be addressed, including concerns over whether the 100-metre elevation threshold and the 500-metre distance criterion between hills could leave a substantial part of the Aravalli Hills without environmental safeguards.
Earlier, the court noted that the previous committee report and its judgement had“omitted to expressly clarify certain critical issues” and emphasised that there is a“dire need to further probe” the matter to ensure that no regulatory loopholes compromise the ecological integrity of the Aravalli region.
Also Read | Centre rejects allegations, says 90% of Aravallis protectedThe bench also reiterated that, in line with its order dated May 9, 2024, no mining approvals may be granted in the“Aravalli Hills and Ranges”, as defined in the Forest Survey of India report issued on August 25, 2010, without obtaining prior permission from the court.
The bench had mentioned,“There has been a significant outcry among environmentalists, who have expressed profound concern about the potential for misinterpretation and improper implementation of the newly adopted definition and this court's directions.”
(With inputs from agency)
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