The Aravalli ranges have always been between a dichotomy of protection and mining resources. The Supreme Court on Thursday stopped the grant of fresh mining leases and renewals in the Aravalli ranges and hills until further orders. This Order was directed towards Delhi, Haryana, Rajasthan and Gujarat.
“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.
This was done on the basis of the report submitted by the Forest Survey of India (FSI) report. The report, submitted by the Central Empowered Committee in court, defined the Aravallis to include the hills and a uniform 100-metre-wide buffer zone around the downsides of the hills.
“We find that the issue with regard to the mining activities in the Aravalli hills needs to be addressed jointly by the Ministry of Environment, Forest and Climate Change (MoEF&CC) as well all the four states — Government of National Capital Territory of Delhi, state of Rajasthan, state of Haryana and state of Gujarat,” it said.
The court only banned annual permission but didn’t stop the mining with legal permits and licenses.
“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.
‘cascading effects’
The apex court noted that the Aravallis doesn’t have a boundary and there exists no specific identification of the range. This encourages illegal mining outside of permits. The bench noted that the ban on mining would lead to cascading effects on livelihood as the income of many labourers is dependent on mining. Thus, the court didn’t ban the mining in totality and allowed mining with permits.
The Bench has ordered the committee to arrive at a proper definition of Aravalli hills and ranges. It said the committee shall comprise, among others, the Secretary of MoEF&CC, the secretaries of the forest of all these four states and one representative each of the FSI and CEC.
Further hearings will be held in August.
Disappearing Aravallis
In February 2019, the Haryana Assembly amended the Punjab Land Preservation Act (PLPA). This amendment removed several hills of the Aravallis from the category of “restricted area”, thus making 63,000 acres of mountains available for mining and construction activities.
The Supreme Court on 23rd October 2018 expressed shock over the “vanished” 31 hills in the Aravalli area of Rajasthan due to illegal mining.
“31 hills or hillocks have disappeared. If hills will disappear in the country, what will happen? Have people become ‘Hanuman’ that they are running away with hills?,” Justice Lokur asked the counsel appearing for Rajasthan.
“Precautionary principle”
The Supreme Court laid down the precautionary principle which stated that governments while considering a project, must look at the environmental degradation and prevent it.
This principle was also adopted by the National Green Tribunal and always applied while passing any order.
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