Supreme Court Takes Suo Motu Cognisance Of Aravalli Definition Row

Amid a row over the definition of Aravalli hills approved by it, the Supreme Court has taken suo motu cognisance of the issue and is slated to hear the matter on Monday.

According to the cause list, the case is likely to be heard by a three-judge panel consisting of Chief Justice of India Surya Kant, Justices JK Maheshwari, and Augustine George Masih.

"In Re: Definition of Aravalli Hills and Ranges and Ancillary Issues" is the title of the case.

On November 20, the Supreme Court approved a unified definition of the Aravalli hills and ranges and prohibited the issuance of new mining licenses within its borders, which include Delhi, Haryana, Rajasthan, and Gujarat, until expert reports were received.

In order to preserve the oldest mountain system in the world, the MoEF&CC (Ministry of Environment, Forests, and Climate Change) committee's suggestions about the definition of Aravalli hills and ranges were approved by the highest court.

The committee suggested defining a "Aravalli Range" as a group of two or more such hills within 500 meters of one another, and "Aravalli Hill" as any landform in specified Aravalli districts having an elevation of 100 meters or more above its local relief.

The committee, while defining Aravalli hills, said, "Any landform located in the Aravalli districts, having an elevation of 100 metres or more from the local relief, shall be termed as Aravalli Hills... The entire landform lying within the area enclosed by such lowest contour, whether actual or extended notionally, together with the Hill, its supporting slopes and associated landforms irrespective of their gradient, shall be deemed to constitute part of the Aravalli Hills."

The panel also defined Aravalli Range and said, "Two or more Aravalli Hills ..., located within the proximity of 500m from each other, measured from the outermost point on the boundary of the lowest contour line on either side forms Aravalli Range. "The area between the two Aravalli hills is determined by first creating buffers with a width equal to the minimum distance between the lowest contour lines of both hills ... The entire area of landforms falling between the lowest contour lines of these Hills as explained, along with associated features such as Hills, Hillocks, supporting slopes, etc., shall also be included as part of Aravalli Range."

The SC delivered a 29-page judgement in the suo motu matter arising out of the long-running environmental litigation in TN Godavarman Thirumulpad case.

"We further accept the recommendations with regard to the prohibition of mining in core/inviolate areas with exception as carved out of the ... committee's report," CJI Gavai, who authored the judgement, said.

The bench also accepted the recommendations for sustainable mining and the steps to be taken for preventing illegal mining in Aravali Hills and Ranges.

It also directed the authorities to identify permissible areas for "mining and ecologically sensitive, conservation-critical and restoration priority areas within the Aravalli landscape where mining shall be strictly prohibited or permitted only under exceptional and scientifically justified circumstances".

"We further direct that till the MPSM (Management Plan for Sustainable Mining) is finalised by the MoEF&CC through ICFRE (Indian Council of Forestry Research and Education), no new mining leases should be granted," it said.

The bench further directed that mining can be permitted if sustainable mining is allowed as per the MPSM which will be finalised by MoEF&CC in consultation with the ICFRE.

"In the meantime, the mining activities in the mines which are already in operation would be continued in strict compliance with the recommendations made by the Committee," it said.

Calling the Aravallis a "green barrier" that prevents the eastward spread of the Thar desert and supports rich biodiversity, the court held that a clear, scientific definition was essential for ensuring environmental conservation, regulating land use, and determining permissible mining activities.