The Supreme Court on Thursday stopped the grant of fresh mining leases and renewals in what, according to a Forest Survey of India report, constitute the Aravalli ranges and hills.
The Forest Survey of India (FSI) report, submitted by the Central Empowered Committee (CEC) in court, defined the Aravallis to include the hills and a uniform 100-metre-wide buffer zone around the downsides of the hills.
“Until further orders, though all States wherein the Aravalli ranges are situated will be at liberty to consider and process applications for grant of mining leases and renewals thereof, no annual permission shall be granted for mining in the Aravalli hills and ranges as defined in the FSI report,” a Special Bench of Justices B.R. Gavai and A.S. Oka directed.
The court made it clear that its order should not be construed as a ban on legal mining activities carried out through valid permits and licences.
“In our experience, a total ban on mining is not conducive even to the interest of the environment in as much as it gives scope for illegal mining,” the Bench observed.
The court’s order covers Delhi, Rajasthan, Haryana and Gujarat — the four States where the Aravallis reside.
On a request by Rajasthan and Haryana that the order may affect sand mining activities, the Bench said its directions would be restricted to the Aravalli hills and ranges.
“But there is no sand in the hills,” Justice Gavai said with a smile to Solicitor-General Tushar Mehta and Additional Solicitor-General K.M. Nataraj, appearing for Haryana and Rajasthan, respectively.
The prohibition on fresh mining leases and renewals would extend to statutory clearances by the various authorities.
Haryana and Rajasthan had vehemently opposed a recommendation made by amicus curiae, advocate K. Parameshwar, to the court to stop the issuance of fresh mining leases and renewals of existing mining leases operating in the Aravalli ranges and hills.
The two States and the Federation of Associations of Mining in Rajasthan had referred to the “cascading effect” a complete ban on mining would have on the livelihood of labourers.
The report submitted by the CEC, represented by senior advocate A.D.N. Rao, had provided to the court extensive district wise details of illegal mining carried out in Rajasthan.
The court agreed with Mr. Parameshwar that all four States varied in their definition of what actually constituted the Aravalli ranges and hills. The amicus curiae said Haryana did not even have a definition.
The Bench ordered the Ministry of Environment and Forests to constitute a committee headed by its Secretary and including representatives of the four States, FSI, CEC, and the Geological Survey of India to come up with a common and uniform definition of the Aravalli hills and ranges. The committee was directed to submit a report in two months.
“Aravalli is the only geographical feature that stops dry winds from coming to the Gangetic plains. Dry winds that come from Afghanistan and Pakistan. Aravalli is a natural barrier. If we lose the Aravalli, we invite the arid, dry climate to enter from Afghanistan and Pakistan,” Mr. Parameshwar had highlighted in court.
