Justice Gavai-led Bench Says Aravalli Batch Matters Ought To Be Listed Before It; Asks Registry To Take Instructions From CJI

The Bench, which comprised Justices B.R. Gavai and Sandeep Mehta, based its reasoning on the fact that it has been monitoring this issue and has also appointed certain committees in this regard. Further, the Court mentioned that the 'Green Bench assignment' has been assigned to the Bench led by Justice B.R. Gavai.

“It will not be out of place to mention that the 'Green Bench assignment' has been assigned to the Bench presided over by one of us (B.R. Gavai, J.).”

To provide a brief background, the matters regarding the Aravalli Range in Delhi and NCR, as well as the State of Rajasthan, were listed before Justice BR Gavai's Bench. However, similar matters pertaining to the Aravalli Range in Haryana were pending before former Justice Sanjay Kishan Kaul.

The Range stretches through the states of Rajasthan, Haryana, and Delhi NCR, and the issues involved are common. Against this backdrop, the Court, in its previous order, had directed the Registrar to obtain an order and place the matter before the same bench. This was done to avoid any conflicting orders.

Despite the Court's previous order that the matter be listed on March 13, it was not.

“Vide order dated 10th January, 2024, this Court had directed that all the matters pertaining to the Aravalli Ranges falling in the States of Haryana and Rajasthan to be clubbed together and directed to be placed before one Bench on 13.03.2024 i.e. today.,” the Court marked.

The Court also mentioned that it has issued various directions regarding the Aravalli Range. Further, it stated that various issues pending with the Green Bench are interlinked with those pertaining to the Aravalli Range.

In view of the above projection, the Bench said that it would be appropriate for it to hear the aforementioned matter. However, it also considered that allotment of matters falls within the domain of the CJI. Thus, the Court directed its registrar to place the order before the CJI and obtain orders.

"We, therefore, find that it would be appropriate that all the matters with regard to Aravalli Range are heard together with the connected matters pending before the Green Bench.

However, the allotment of the matters is exclusively within the domain of the Hon'ble the Chief Justice of India, being the Master of Roster. Therefore, we find that it is necessary that this fact should be brought to the notice of the Hon'ble the Chief Justice of India. We, therefore, direct the Registrar (Judicial) concerned to place this order before the Hon'ble the Chief Justice of India, to obtain appropriate orders.," the Court stated in its order. 

Underscoring the rampant illegal mining on the Aravalli Range falls, the Court directed that the matter be placed “forthwith” before the CJI.

“In the event the Hon'ble the Chief Justice of India finds it appropriate to assign the said matters also to the Green Bench, the Registry is directed to place all these matters before this Bench on 03rd April, 2024.,” the order s.

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 conservation litigation efforts. 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.

It may be noted that the Bench presided over by Justice Gavai, while hearing a bunch of applications in this matter, had temporarily put a stop to such construction activities within core areas of tiger reserves, national parks, and wildlife sanctuaries. This was amidst the recent controversy over the Uttarakhand government's proposal to construct animal enclosures inside the Jim Corbett National Park.

Pursuant to this, in the recent development, the Court has also directed the constitution of a committee to decide the issue of zoos or safaris within tiger reserves, national parks, and wildlife sanctuaries.

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

Click here to read/ download the order