SC Continues Stay On New Aravalli Definition, Seeks Expert Inputs; Bars Mining In Region

The Supreme Court on Tuesday continued its stay on the controversial revised definition of the Aravalli Hills, saying further clarifications were required before it could take a final view.

A three-judge Bench led by Chief Justice of India Surya Kant said the court needed a “comprehensive” assessment of the definition and its implications. The stay will remain in force as directed by the court in its December 29 order.

The Bench asked the court-appointed, senior advocate K. Parameshwar, to prepare a detailed note on the issue within four weeks.

The court also directed that names of eminent environmentalists, forest experts and scientists be suggested for constituting an expert body to assist the court.

“We have also asked for names to be suggested of eminent environmentalists, forest experts etc, so that an expert body can be formed to look into all aspects and assist the court. Such a committee shall work under the direct control and supervision of this court,” Bar and Bench quoted the CJI as saying.

During the hearing, the Chief Justice expressed concern that illegal activities were continuing in parts of the Aravalli region, warning that illegal mining could have irreversible environmental consequences.

The Supreme Court also took an assurance from the Rajasthan government that no mining activity would be allowed in the Aravalli region. Appearing for the state, Additional Solicitor General K.M. Natraj told the court that Rajasthan would immediately ensure that no illegal mining takes place. The Bench specifically directed the state to ensure that no mining activities occur in the area, and formally recorded the assurance.

The matter stems from the Supreme Court taking suo motu cognisance in December last year following public protests and concerns raised by environmental groups and civil society organisations over the revised definition of the Aravalli Hills. Critics had warned that dilution of the definition could legitimise mining and construction in areas that were earlier treated as ecologically protected.

The Aravallis are considered crucial for preventing desertification and sustaining groundwater levels. The controversy also arose due to varying definitions of the Aravalli Hills and Aravalli Ranges adopted by Delhi, Haryana, Rajasthan and Gujarat, which led to regulatory gaps and instances of illegal mining.

To address these inconsistencies, the Supreme Court had earlier constituted a high-level committee. In a judgment delivered in November last year, the court accepted an operational definition recommended by a committee of the Ministry of Environment, Forest and Climate Change in the context of mining.

Under this definition, “Aravalli Hills” refer to any landform in designated districts with a minimum elevation of 100 metres from the local relief, including supporting slopes and connected landforms. An “Aravalli Range” is formed when two or more such hills are located within 500 metres of each other.

While accepting this definition, the court had also directed the Union government to prepare a comprehensive Management Plan for Sustainable Mining before permitting any new mining activity in the ecologically sensitive Aravalli region.