SC puts Aravalli definition order on hold amid ‘lack of clarity’ concerns

The Supreme Court on Monday said public dissent and criticism over the definition of the Aravalli hills and ranges appeared to arise from perceived ambiguity and a ldquolack of clarityrdquo in certain terms and directives issued by the apex courtAmid outcry from activists the top court kept in abeyance its November 20 directions that accepted a uniform definition of the Aravalli hills and ranges and imposed a ban on granting fresh mining leases across areas in Delhi Haryana Rajasthan and Gujarat until expert reports are submitted reported news agency PTIOn November 20 the court had accepted the recommendations of a committee of the Ministry of Environment Forest and Climate Change on defining the Aravalli hills and ranges to protect the worldrsquos oldest mountain systemOn Monday a threejudge vacation bench headed by Chief Justice Surya Kant said there had been a significant outcry from environmentalists who expressed deep concern over the potential misinterpretation and improper implementation of the newly adopted definition and the courtrsquos directionsldquoThis public dissent and criticism appear to stem from the perceived ambiguity and lack of clarity in certain terms and directives issued by this courtrdquo the bench also comprising Justices J K Maheshwari and Augustine George Masih statedThe court said there was a pressing need to further examine and clarify the issues to prevent any ldquoregulatory gapsrdquo that could undermine the ecological integrity of the Aravalli regionThe order was passed in a suo motu matter titled In Re Definition of Aravalli Hills and Ranges and Ancillary IssuesThe bench noted that the Aravalli hills and ranges often described as the ldquogreen lungsrdquo of northwestern India have for centuries sustained diverse ecosystems and supported the livelihoods of numerous communitiesldquoThey serve as an indispensable ecological and socioeconomic backbone of the region functioning as the primary geographical barrier separating the arid northwestern desert from the fertile northern plainsrdquo it saidOwing to their ancient geological formation the Aravallis host some of the countryrsquos most significant mineral deposits the bench notedIt further observed that the region has repeatedly been subjected to escalating anthropogenic pressuresldquoDecades of unchecked urbanisation systematic deforestation and intensive resource extraction are said to have exerted immense strain on this inherently fragile ecosystemrdquo the bench statedThe court recalled that since 2002 the apex court has been actively seized of issues concerning mining operations in the Aravallis and the need to protect their fragile ecologyIt said that before implementing the committeersquos report or executing the November 20 directions a ldquofair impartial and independent expert opinionrdquo must be obtained after involving all relevant stakeholders PTI reportedSuch a step was essential to resolve ldquocritical ambiguitiesrdquo and provide definitive guidance on whether additional issues or systemic vulnerabilities might arise during the proceedings warranting further judicial intervention the bench saidThe court proposed constituting a highpowered expert panel comprising domain specialists to conduct a comprehensive assessment of the committeersquos report PTI reportedThe study would include a detailed identification of territories that may be excluded from protection under the proposed criteria and an analysis of whether ldquosustainablerdquo or ldquoregulatedrdquo mining within the newly demarcated Aravalli areas could cause adverse ecological consequences despite regulatory oversightIt would also assess whether areas excluded from the definition risk eventual degradation or erasure thereby compromising the overall ecological integrity of the Aravalli rangeThe bench further directed a multitemporal evaluation of the shortterm and longterm environmental impacts resulting from the implementation of the recommended definition and associated directionsNotice was issued to the Centre and the governments of Delhi Rajasthan Haryana and Gujarat The matter has been listed for hearing on January 21With PTI inputs