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File Aravalli report or face contempt: SC to panel
The Supreme Court warns the Centre to finalize a report on Aravalli mining by October 15, citing ecological threats from illegal mining activities.
The Supreme Court on Tuesday said that uncontrolled mining in the Aravalli range poses a grave threat to the country’s ecology as it directed a committee headed by the Union environment secretary to finalise its report on Aravalli hills within two months, failing which contempt proceedings will be initiated.
The court’s stern warning came after the Centre failed to meet repeated deadlines set by the top court to submit a report on formulating a uniform definition for Aravalli hills applicable across Rajasthan, Haryana, Delhi and Gujarat.
Senior advocate K Parmeshwar, who is assisting the court as amicus curiae, had suggested formation of the committee while pointing out that the lack of a uniform definition impeded efforts to curb illegal mining in Aravalli range. He had pointed out that Rajasthan prohibits mining on isolated hills up to a height of 100 metres, while Haryana does not have any definition in place. Without a definition, he said that the state was making hollow claims of denying any illegal mining.
The committee, also comprising the forest department secretaries of the four states besides other experts, was formed by the court on May 9, 2024. The court had set a deadline of two months for the committee to finish the report. On May 27 this year, the court granted an extension for final submission of the report. After expiry of this deadline, the central government on August 5 filed an affidavit requesting for a further extension of two months.
A bench headed by Chief Justice of India (CJI) Bhushan R Gavai said, “We could have taken a serious view of the matter. We are not interested in castigating officers, but protecting the Aravalli hills and range.”
As a last opportunity, the court extended the time for the committee to submit its report latest by October 15.
It said, “If by that date, the report and the recommendations are not filed, we will be constrained to take contempt action against the members of the committee.”
Reminding the Centre of the urgency that this exercise should have required, the bench, also comprising justices K Vinod Chandran and NV Anjaria said, “Aravalli hills act as a protection against the dry winds from the north. Uncontrolled mining activity will cause a grave threat to the ecology of the nation.”
The Aravalli range serves as a crucial climate barrier, blocking eastward winds from the Thar desert and preventing Delhi from experiencing dry, arid conditions.
The Supreme Court had banned mining activities across the entire Aravalli region in Haryana and Rajasthan in 2002 after Central Empowered Committee reports indicated that illegal mining had consumed 25% of the range.
By the May 2024 order, the court had directed that no final decision shall be taken by the states on grant of fresh or renewal of mining leases in the Aravali hills and ranges in the four states. The order was passed after the court was shown a 2018 report of the Forest Survey of India (FSI) showing vast deterioration of Aravali hills.
Recalling the report, the bench said, “We had seen the photographs. The hills have been turned barren, chopped from four sides appearing like a pyramid on the top.”
Additional solicitor general (ASG) Aishwarya Bhati appearing for Centre informed the court that the committee has held multiple meetings with the Survey of India and Geological Survey of India (GSI) and the maps obtained from them have to be analysed that requires more time.
The court did not appreciate the fact that even as the two-month period expired on July 27, neither the Centre moved an application for extension of time nor any oral request was made on behalf of the committee. The court was confronted with a request for additional time in an affidavit filed by the ministry of environment, forests and climate change (MoEFCC) on August 5.
ASG Bhati said that the committee is going to each individual district in the four states to survey the area as per the maps received. The bench suggested this task could have been assigned to a sub-committee for carrying out field work. The court said it was open to the committee members to hold online meetings.
The 8-member committee is headed by MoEFCC secretary, along with forest department secretaries of Delhi, Haryana, Rajasthan and Gujarat, besides representatives of GSI, FSI and the expert panel of central empowered committee (CEC) assisting the court on forest and environment issues.
In 2002, the top court banned mining activities in the entire Aravali region. The CEC in its reports from time to time indicated that despite the order, illegal mining was rampant and had destroyed 25% of the Aravalli range. The FSI report of 2018 affirmed this fact referring to the disappearance of 31 hillocks in the region on account of illegal mining at more than 3000 sites spread across Rajasthan and Haryana. Both CEC and FSI in their reports to the court endorsed the view that the definition of Aravali hills should encompass hills along with a uniform 100 metres wide buffer surrounding the downslide of hills.
