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During hearing, lawyers representing mining leaseholders and those seeking fresh leases argued that process of granting leases could continue even if final approvals were delayed.
Supreme Court of India (Image used for representation)
The Supreme Court of India on Friday said no mining activity would be allowed in the Aravali hills until a court-appointed expert committee submits a fresh definition of the ecologically sensitive mountain range.
A bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi said the court would not permit even “an inch” of the Aravali region to be used for mining or any other purpose until it is satisfied with the new framework prepared by the committee.
“We will not allow an inch of Aravali to be used for any purpose unless we are satisfied with the new definition,” the Chief Justice said during the hearing.
The court’s observations came five months after it stayed an earlier judgment that accepted the controversial 100 metre elevation criteria for defining the Aravali hills. Environmentalists had opposed the definition, warning that it could expose large parts of the region to mining activities.
During the hearing, lawyers representing mining lease holders and those seeking fresh leases argued that the process of granting or renewing leases could continue even if final approvals were delayed. The bench, however, refused to allow any relaxation.
Referring to the environmental damage caused by years of illegal mining in the Aravali region, CJI Kant said the issue had emerged because of the influence of a “powerful mining lobby”. Calling the Aravalis the green lungs of north western India, he said the court would ensure strict environmental protection before allowing any activity.
“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,” the Chief Justice observed.
On December 29 last year, a bench headed by CJI Kant had taken suo motu cognisance of concerns raised over the November 20 judgment that accepted the 100 metre elevation definition. The court then ordered an immediate halt to all mining operations and stopped the grant and renewal of mining leases in the Aravali region.
The Supreme Court had also kept the operation of its earlier judgment in abeyance indefinitely, saying the stay would continue until the matter reached its “logical finality” so that no irreversible ecological damage takes place.
The bench proposed setting up a panel of domain experts to carry out a detailed scientific study of the Aravali hills and prepare a comprehensive definition aimed at protecting the region’s structural and ecological integrity.
Senior advocate and amicus curiae K Parameshwar informed the court that a list of experts had already been submitted after consultations with the government. The bench said the matter would soon be listed again for the formal constitution of the expert committee.
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