Kamal Ghorui
NEW DELHI: The Supreme Court on Wednesday said illegal mining continues in the Aravali hills and ranges despite its ban, causing irreversible ecological damage, and ordered Delhi, Haryana and Rajasthan to take all measures to stop it. “There are people who are incorrigibly engaged in illegal mining, which has devastating consequences for Aravalis. Illicit mining has to be stopped at all costs,” said a bench of Chief Justice Surya Kant, and Justices Joymalya Bagchi and Vipul M Pancholi. On Dec 29, the bench took suo motu cognisance of environmentalists’ concerns over its Nov 20 order accepting the 100-metre-elevation definition of Aravali hills and ranges, and stopped all mining, including renewal and grant of new leases, across the Aravalis in four states. It also put on hold its earlier order allowing preparation of a management plan for sustainable mining. The SC will also constitute an expert body for Aravalis, which will function under the apex court.The bench asked amicus curiae K Parameshwar, additional solicitors general Aishwarya Bhati and K M Nataraj, and senior advocates, including Kapil Sibal, to suggest names of experts — environmentalists, geologists, naturalists and forest experts – within four weeks. These names will help the court form an expert body to carry out an “exhaustive, holistic and scientific” examination of the Aravali Hills and Ranges for a comprehensive definition to protect its “structural and ecological” integrity. “The expert body will work under the direct supervision and control of the Supreme Court,” the CJI-led bench said in its order.Till the expert body is formed, a comprehensive study is conducted and recommendations submitted to the court, the states shall “take all possible steps to stop illegal mining activities and prosecute the offenders,” the court said. Refusing to entertain multiple intervention applications, the bench said it would not allow certain vested interests to derail the attempts to preserve and protect Aravali ranges, which is the last defence against Thar desert extending its debilitating influence on the fertile Gangetic plain. Issues that had pricked the court’s mind and led to reopening of the issue are – whether the 500-metre separation between two Aravali Hills created a structural paradox for the Range; whether it broadened the non-Aravali areas within the Range to allow unregulated mining activities; and, the sanctity of the 100-metre-elevation definition. Another issue flagged by court was: “Whether the widely publicised criticism asserting only 1,048 hills out of 12,081 in Rajasthan meet the 100-metre-elevation threshold, thereby stripping the remaining lower ranges of environmental protection, is factually and scientifically accurate?”
