'Needs clarification': Supreme Court puts earlier order on definition of Aravallis 'in abeyance'
'Needs clarification': Supreme Court puts earlier order on definition of Aravallis 'in abeyance'
New Delhi:
The Supreme Court on Monday put its earlier order (issued on November 20) accepting the Union Environment Ministry's definition of Aravalli Hills and Aravalli Range in 'abeyance'. A three-judge bench headed by Chief Justice of India (CJI) Surya Kant said that a high-powered expert committee should be constituted to analyse the report submitted by the expert committee earlier.
The bench, which also included Justices JK Maheshwari and AG Masih, also issued notices to the union government and four Aravalli States - Rajasthan, Gujarat, Delhi and Haryana - seeking their response in the matter. The court said it will next hear the matter on January 21.
"We feel that the report of the expert committee and the some resultant observation made by this court... Which is generating misunderstood notions... it will need some clarifications," CJI Kant said.
The top court also said that an independent exercise is needed to provide details on whether the definition of Aravallis restricted to 500 metre area creates a "structural paradox where conservation area is narrowed". It also wondered whether there is a scope of regulated mining in non-Aravalli area.
"An analysis of whether sustainable mining or regulated mining within the newly demarcated Aravalli area, notwithstanding the regulated oversight, would result in any adverse ecological consequences... that aspect can be examined," the court said.
Supreme Court's earlier order and row over mining
On November 20, the Supreme Court had accepted a uniform definition of the Aravalli hills and ranges, banning grant of fresh mining leases inside its areas spanning Delhi, Haryana, Rajasthan and Gujarat until experts' reports are out. The recommendations given by a committee of the Ministry of Environment, Forest and Climate Change on definition of Aravallis were accepted by the court.
"Any landform located in the Aravalli districts, having an elevation of 100 metres or more from the local relief, shall be termed as Aravalli Hills... The entire landform lying within the area enclosed by such lowest contour, whether actual or extended notionally, together with the Hill, its supporting slopes and associated landforms irrespective of their gradient, shall be deemed to constitute part of the Aravalli Hills," the committee had said.
The court had also accepted the recommendations for sustainable mining and the steps to be taken for preventing illegal mining in Aravali Hills and Ranges. It had directed the authorities to identify permissible areas for "mining and ecologically sensitive, conservation-critical and restoration priority areas within the Aravalli landscape where mining shall be strictly prohibited or permitted only under exceptional and scientifically justified circumstances".
