SC’s BIG order on Aravalli, puts revised hills definition in abeyance, mulls fresh expert committee

The Supreme Court left its earlier orders to revise the definition of the Aravalli Hills unimplemented. The three-judge bench, headed by Chief Justice of India (CJI) Surya Kant, observed that the report of the expert committee and the observations of the apex court were misinterpreted and said further clarification was required before the recommendations or judicial directions could be implemented.

The Bench, also comprising Justices JK Maheshwari and AG Masih, issued a notice in the suo motu writ petition titled “Definition of Aravalli Hills and Ranges and Ancillary Issues”, making the petition returnable on January 21. “We consider it necessary to suspend the recommendation of the committee and the directions of this court. This stay shall remain in force until the (new) committee is constituted,” the high court ordered.

The CJI-chaired Bench considered constituting a new powerful expert committee to holistically consider the recommendations of all earlier panels regarding the definition of the Aravalli range. The proposed committee will examine whether regulated mining should be allowed in 500-metre gaps between hills and, if so, what structural parameters would be required to ensure ecological continuity is not compromised.

The high court emphasized that it was necessary to evaluate whether the 100-meter height threshold was scientifically sound and whether a detailed geological survey was needed. During the hearing, Solicitor General (SG) Tushar Mehta informed the bench that directives have been issued to the Aravalli states to stop all mining activities.

The Centre’s second-highest legal officer also clarified that directions were in place to ensure that no new mining licenses were issued in the Aravalli region. In its order, the Supreme Court also asked Solicitor General R. Venkataramani and senior advocate PS Parmeswar to assist it, including in the formation of the proposed expert committee.

Widespread concerns over the protection of this ecologically sensitive region have been triggered after the apex court ruled on November 20 that only landforms with an altitude of 100 meters or more would be classified as Aravalli hills.

Following protests against approval of mining activities in the Aravalli ranges in various districts of Rajasthan, including Udaipur, Jodhpur, Sikar and Alwar, the Union Ministry of Environment, Forest and Climate Change has completely banned the issuance of new mining leases in the Aravalli region. It tasked the Indian Council of Forestry Research and Education (ICFRE) to identify additional no-mining zones and prepare a comprehensive Sustainable Mining Management Plan for the entire area.