Supreme Court halts mining in Aravali hills until new definition is established

Five months after staying its judgment accepting the controversial 100 metre-elevation definition for Aravali hills, Supreme Court on Friday said not an inch of Aravali would be allowed to be used for mining till an expert committee, to be constituted by the apex court, redefined what constitutes Aravali hills and ranges. As lawyers appearing for mining lease holders and those aspiring to get mining leases said the process for renewal and grant of leases could proceed without their finalisation, a bench of CJI Surya Kant and Justice Joymalya Bagchi said, “We will not pass any order to allow resumption of mining activities in Aravalis.” “We will not allow an inch of Aravali to be used for any purpose unless we are satisfied with the new definition that will be proposed by the expert committee to be constituted by us, taking into account the names suggested by amicus curiae K Parameshwar, Union govt and parties,” CJI said. Hailing from Haryana and aware of the deleterious impact of decades of illegal mining on environment and ecology of Aravalis, considered the green lung of north-western India, CJI Kant said, “The whole problem has arisen because of the powerful mining lobby. We are very clear in our minds. No activity will be permitted without us getting the report and satisfying us about the protective umbrella that needs to be put. ” On Dec 29 last year, a bench led by CJI Kant had taken suo motu cognisance of the uproarious concern expressed by environmentalists over Supreme Court’s Nov 20 judgment accepting the 100-metre elevation definition for Aravali hills. It had ordered all mining activities and grant of renewal or new mining leases in the Aravali region be stopped. Indefinitely keeping in abeyance the operation of Supreme Court’s Nov 20 judgment, the bench in its order had then said, “This stay shall remain in effect until the present proceedings reach a state of logical finality, ensuring that no irreversible administrative or ecological actions are taken based on the current framework.” The CJI-led bench had proposed to set up a committee of domain experts for an “exhaustive, holistic and scientific” examination of Aravali hills and ranges for a comprehensive definition to protect its “structural and ecological” integrity. Amicus curiae and senior advocate Parameshwar informed the court that in consultation with govt, a list of domain experts has been submitted to the court. The bench said it would soon list the matter to constitute the committee after hearing the parties.