Supreme Court stays own order on Aravalli Hills, seeks fresh expert advice

The Supreme Court on Monday stayed its own order issued last month accepting a revised definition of the Aravalli hills, amid concerns that the change could expose large parts of the fragile mountain range to unregulated mining.

A vacation bench led by Chief Justice of India Surya Kant said the court’s earlier directions and the recommendations of the committee whose report formed the basis of the revised definition would remain in abeyance until further examination.

“We deem it necessary that the recommendations of the committee and directions of this court be kept in abeyance,” the bench said.

Fresh expert panel, notices to Centre, states

The court ordered the constitution of a new, high-powered expert committee to examine issues relating to the definition of the Aravalli range, including aspects that may require reconsideration.

Notices were issued to the union government and the four states through which the Aravallis pass — Rajasthan, Gujarat, Delhi and Haryana. The bench fixed 21 January as the next date of hearing.

The court said the new panel would assess whether the revised definition had altered the scope of what constitutes the Aravalli range and whether such changes risked facilitating unregulated mining activity.

Background

The issue came up after the Supreme Court took suo motu cognisance on Saturday of protests and public criticism surrounding the revised definition notified by the Centre. Environmental activists and scientists have alleged that the definition was framed without adequate scientific assessment or public consultation.

They have argued that the criteria adopted could exclude large tracts of ecologically sensitive hill systems from protection, making them vulnerable to illegal mining.

In November, the court had directed the Union government to prepare a comprehensive management plan for sustainable mining before allowing any new mining-related activity in the Aravallis.

Court flags possible misinterpretation

Appearing for the Centre, Solicitor-General Tushar Mehta told the court that the court had already accepted the earlier committee report and management plan.

The chief justice, however, said there was a need for clarification, noting that the report and the court’s earlier observations appeared to be “misconstrued”.

“We feel the committee report and court observations are being misconstrued… some clarifications are required… and prior to implementation, a fair, impartial and independent expert opinion must be considered,” the chief justice said, adding that the court needed to determine whether the revised definition had “broadened the scope of non-Aravalli areas”, thereby enabling the continuation of unregulated mining.

Centre’s mining ban order

The hearing also comes days after the union government ordered a complete ban on the grant of new mining leases across the Aravalli range. For mines already in operation, state governments have been directed to ensure strict compliance with environmental safeguards and the Supreme Court’s orders.

Last week, the Supreme Court-backed definition, mass protests across Rajasthan and Delhi-NCR and a sudden ban on new mining leases turned the technical ruling into a national environmental flashpoint. Founder-editor Bhupendra Chaubey explained what the court actually said, why activists fear disaster and whether science-led regulation can really save one of the oldest mountain systems in the world:

The Aravalli range stretches roughly 670 km from near Delhi through Haryana and Rajasthan to Gujarat. It is considered India’s oldest fold-mountain system, with an estimated age of about two billion years.

The hills play a critical role in preventing desertification, supporting biodiversity and aiding groundwater recharge, particularly in the National Capital Region and adjoining areas.