Supreme Court Asks CEC To Examine Issues Related To Mining In Aravali Hills

“We, prima facie, feel that if the State is of the view that the mining activities in the Aravali Range is also detrimental to the environmental interest, nothing stops the State Government from preventing mining activities in the Aravalli Range as well.”

The Division Bench of Justices B.R Gavai and Sandeep Mehta made these observations while hearing applications about the renewal and continuance of the mining operations. Accordingly, the Court directed the State Government to consider these applications following the law.

The Court also perused a report of the Central Empowered Committee, which was constituted by the Court to monitor the issues related to environemnt. The Court found that the mining lease of the applicant(s) does not fall in the Aravali Hills and further that no illegal mining was found.

However, it further noted that though the Forest Survey of India report endorses no illegal mining, the report suggests that the areas fall within the Aravali Hill Range.

Thus, for the issue of whether the classification of Aravali Hills and Ranges regarding the mining permit needs to be continued, the Court requested the CEC to examine the same.

The Court's order stated :

"In so far as mining activities in Aravali Hills and Ranges are concerned, Mr. K. Parameshwaran, learned Amicus Curiae states that it will be in the larger public interest, if all these issues are examined by the CEC and a comprehensive direction is issued by this Court in that regard.

We find the suggestion of the learned Amicus Curiae reasonable.

We request the CEC to examine the issue as to whether the classification of Aravali Hills and Ranges in so far as permitting mining is concerned, needs to be continued or not. We also request the CEC to take on board the experts in Geology before finalizing its report. The same shall be done within a period of eight weeks from today."

Before parting, the Court also noted these issues involved in Haryana and Rajasthan are common. Thus, taking into consideration that the applications with regard to the mining in the State of Haryana are placed before another Bench, the Court directed the Registrar to obtain an order and place the matter before the same bench.

“We are of the view that since the issues with regard to mining in the Aravali Hills and Ranges are common for both the States, it will be appropriate that the said matters are heard and decided by the Same Bench of this Court, so as to avoid any conflicting order(s). We, therefore, direct the Registrar (Judicial) to place the matter(s) before Hon'ble the Chief Justice of India to obtain appropriate order(s) and place the same before the Bench as directed by the Hon'ble the Chief Justice of India.”

Interestingly, the main matter to which the present application is tagged is a landmark case. This case was filed in 1995 by T.N. Godavarman Thirumulpad, also known as “the green man,” for his litigation efforts for conservation. He filed this writ petition to protect the Nilgiris forest land from deforestation by illegal timber operations. The Court issued detailed directions for the sustainable use of forests and created its own monitoring and implementation system through regional and state-level communities.

Case Title: IN RE: T.N. GODAVARMAN THIRUMULPAD vs. UNION OF INDIA AND ORS., Diary No.- 2997 – 1995

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