Aravalli: Supreme Court permits sustainable mining, orders Centre to prepare plan; no new mining license till then

The Supreme Court on Thursday directed the Ministry of Environment, Forest and Climate Change (MOEFCC) to prepare a Management Plan for Sustainable Mining (MPSM) for the Aravalli hills and ranges.

Aravalli range spans across Delhi, Haryana, Rajasthan and Gujarat.

In May 2024, the top court in a matter related to illegal mining in Aravalli, had noted that States had adopted different definitions for “Aravalli Hills/Ranges”. It had then constituted a Committee to look into the issues.

The Committee then submitted a report in October this year, suggesting various measures to protect and preserve the Aravalli hills and range.

It said that any landform in the Aravalli districts having an elevation of 100 metres or more from the local relief shall be termed as Aravalli Hills.

Further, it defined the Aravalli Range as “two or more Aravalli Hills located within a proximity of 500m from each other, measured from the outermost point on the boundary of the lowest contour line on either side"

Today, the bench of Chief Justice of India (CJI) BR Gavai, Justice K Vinod Chandran and Justice NV Anjaria accepted the recommendations made by the Committee with regard to the definitions as well as prohibition of mining in core or inviolate areas.

The Court decided against imposing a complete ban on mining activities in the Aravalli, observing that such prohibition leads to illegal mining activities, mafias and criminalization.

"We also accept the recommendations for sustainable mining in Aravali Hills and Ranges and the steps to be taken for preventing illegal mining in Aravali Hills and Ranges," the Court said.

However, it also underscored that a study, as was conducted for Saranda and Chaibasa in Jharkhand's Singhbhum by Indian Council of Forestry Research and Education (ICFRE), be also done for Aravali Hills and Ranges. 

"No doubt that the Committee has taken care by recommending prohibition of mining in core/inviolate areas except in cases of critical, strategic and atomic minerals. However, we find that it would be appropriate that such a study be carried out taking into consideration the geological importance of the Aravali mountain ranges," the Court said.

It, thus, directed the Union government to prepare an MPSM through the ICFRE for the entire Aravallis on the lines of MPSM for Saranda.

The MPSM is for the following purposes,

1. Identify permissible areas for mining, ecologically sensitive, conservation-critical and restoration-priority areas within the Aravali landscape where mining shall be strictly prohibited or permitted only under exceptional and scientifically justified circumstances; 

2. Incorporate a thorough analysis of cumulative environmental impacts and the ecological carrying capacity of the region; and 

3. Include detailed post-mining restoration and rehabilitation measures 

Till the MPSM is finalized, the Court directed that no new mining licenses be granted.

"We further direct that upon the MPSM being finalised by MoEF&CC in consultation with the ICFRE, mining would be permitted as per the MPSM only in those areas wherein sustainable mining could be permitted," the Court ordered.

In the interim period, the Court directed that legal mining activities be allowed in accordance with the Committee's recommendations.

"In the meantime, the mining activities in the mines which are already in operation would be continued in strict compliance with the recommendations made by the Committee," it ordered.

Considering that the Aravali Hills and Ranges harbour rich biodiversity, with twenty-two wildlife sanctuaries, four tiger reserves, the Keoladeo National Park, along with wetlands like Sultanpur, Sambhar, Siliserh, and Asola Bhati, and aquifers that recharge river systems including the ones at Chambal, Sabarmati, Luni, Mahi, and Banas, the Court said that it would be more than appropriate that before permitting further sustainable mining activities, the same are preceded by preparation of an MPSM. 

"The MoEF&CC, if necessary, can also consider preparing MPSM for each of the districts in the Aravali Hills and Ranges. However, while doing that, it should be ensured that the continuity and integrity of the Aravali Hills and Ranges is maintained," it stressed.

Senior Advocate K Parameshwar was amicus curiae in the matter.

Additional Solicitor General Aishwarya Bhati represented the Centre. Senior Advocate Balbir Singh represented Haryana. Additional Solicitor General KM Natraj represented Rajasthan.

[Read Judgment]