'No New Mining Leases In Aravalis Until Scientific Mapping Is Done', Supreme Court Directs Centre To Prepare Sustainable Mining Plan

The Supreme Court on Thursday (November 20) directed the Centre to prepare a comprehensive Management Plan for Sustainable Mining (MPSM) before any new mining activity is permitted in the ecologically fragile region of “Aravali Hills and Ranges” spread across the states of Delhi, Haryana, Rajasthan, and Gujarat. “it may not be in the interest of ecology and environment if further mining activities are permitted to be carried out without a body of experts, such as ICFRE, examining the issue of protection of the conservation areas. The MPSM will provide adequate data on the basis of geo-referenced ecological assessment and identify the areas which have wildlife and other high eco-sensitive areas, which are required to be conserved. The MPSM will also provide data as to how sustainable mining is to be conducted.” observed a bench of Chief Justice BR Gavai and Justices K Vinod Chandran and NV Anjaria. The Court was hearing a decades-old plea in the case of T.N. Godavarman Thirumulpad vs. Union of India (1995), which deals with forest conservation.Court Accepts MoEFCC's Definition Of Aravalis The issue of conflicting definitions of the Aravali Hills and Ranges across the states of Delhi, Haryana, Rajasthan, and Gujarat had led to regulatory gaps and illegal mining.To resolve this, the Court had earlier constituted a high-level committee. In its judgment delivered today, the Court accepted the committee's recommended operational definition for the Aravali Hills and Ranges in the context of mining. It also laid emphasise on the sustainability of the Aravalli ecosystem calling it “an effective “shield” against desertification by preventing the eastward spread of the Thar Desert towards the Indo-Gangetic plains, Haryana and western Uttar Pradesh.”The Court also formally adopted the MoEFCC Committee's operational definition of Aravali Hills and Aravali Ranges for mining regulation purposes. Under this definition:• “Aravali Hills” refer to any landform in designated districts with a minimum 100-metre elevation from the local relief, including supporting slopes and connected landforms.• “Aravali Range” is formed when two or more such hills lie within 500 metres of each other.The Amicus Curiae had argued that this approach could leave out hills below 100 metres and break ecological continuity. However, the Court accepted the MoEFCC's assurance that the definition covers larger areas than earlier methods and will be supplemented by the upcoming ecological assessment.To ensure sustainability and development goes hand in hand, the judgment authored by CJI Gavai mandated a scientific and ecological deep-dive before any new mining leases are granted. It directed the Ministry of Environment, Forest and Climate Change (MoEF&CC) to prepare a MPSM through the Indian Council of Forestry Research and Education (ICFRE) for the entire Aravali landscape, where it must: "a. 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; b. Incorporate a thorough analysis of cumulative environmental impacts and the ecological carrying capacity of the region; and c. Include detailed post-mining restoration and rehabilitation measures."It was argued for a ban on an entire mining activities in the Aravalli ecosystem; however, the Court turned down such a request, stating that prohibiting all operations could incentivise illegal extraction. Thus, the Court ordered that existing legal mines may continue subject to strict compliance with environmental norms, but the ruling prevents new mining until scientific mapping is finalised. “We further direct that till the MPSM is finalised by the MoEF&CC through ICFRE, no new mining leases should be granted.”, the court ordered adding 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; and the mining activities in the mines which are already in operation would be continued in strict compliance with the recommendations made by the Committee in paragraph 8 of its Report.”The Court recorded its appreciation for Amicus Curiae K. Parameshwar, who was ably assisted by Mr. M. V. Mukunda, Ms. Kanti, Ms. Raji Gururaj and Mr. Shreenivas Patil, and also expressed appreciation for ASG Aishwarya Bhati (MoEF&CC), Senior Counsel Balbir Singh (Haryana) and ASG K. M. Nataraj (Rajasthan).Cause Title: IN RE : ISSUE RELATING TO DEFINITION OF ARAVALI HILLS AND RANGESCitation : 2025 LiveLaw (SC) 1127Click here to read judgment

'No New Mining Leases In Aravalis Until Scientific Mapping Is Done', Supreme Court Directs Centre To Prepare Sustainable Mining Plan

Yash Mittal

The Court allowed the existing mines to continue.

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Yash Mittal

'No New Mining Leases In Aravalis Until Scientific Mapping Is Done', Supreme Court Directs Centre To Prepare Sustainable Mining Plan

Yash Mittal

The Court allowed the existing mines to continue.

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INR 1099+GST

Tags

Yash Mittal

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