Stop illegal mining in Aravallis, SC tells Rajasthan govt

The Supreme Court on Thursday told the Rajasthan government that illegal mining in the Aravalli range must stop and questioned what action was taken against the officers who permitted it.

The top court granted a week to Rajasthan to inform the steps taken by the state to curb illegal mining after a Forest Survey of India (FSI) report in 2018 revealed 31 hillocks had disappeared due to rampant illegal mining.

Advocate K Parmeshwar, appearing as amicus curiae, informed the court that even after the FSI report, illegal mining continued due to an absurd yardstick adopted by the Rajasthan government that defines only hills above 100 metres as part of the Aravallis, where mining was banned in entirety by the Supreme Court in 2002.

He said that such a definition defied logic as the Aravalli hills form a contiguous range known as the Aravalli range and a uniform environment impact assessment for the entire range that extends from Haryana to Rajasthan and some parts of Gujarat should be made before granting mining leases.

The bench has posted the matter for hearing on May 9.

While the bench headed by justice BR Gavai was inclined to pass an order staying the issue of any fresh mining leases in the state, solicitor general Tushar Mehta, appearing for the state, informed that a meeting has been fixed next week between FSI officials and state departments to discuss the matter. He urged the court to await the outcome of the meeting.

“Illegal mining has to stop,” said the bench, also comprising justice AS Oka. “It cannot be that from 0-99 metres, the mining activity continues. This 100m rule is very problematic. If the area does not have the support of slopes, the land will become barren. What is the purpose of having some structure as Aravalli with other slopes all ruined,” the bench added.

The FSI report confirmed that mining was taking place outside the lease boundary, due to the distinguishing categorisation between the Aravalli hills and the Aravalli range, Parmeshwar told the court.

He added that the Aravali range acts as a climate barrier by blocking the eastward wind of the Thar desert preventing Delhi from experiencing dry, arid conditions.

“We need to have a balance between sustainable development and protection of the environment... In this matter, everybody should be on the same side in protecting Aravalli range,” the bench told Mehta.

In 2002, the Supreme Court banned mining activities in the entire Aravalli region in Haryana and Rajasthan. The Supreme Court-appointed central empowered committee (CEC) had given several reports indicating that despite the court order, illegal mining thrived and had eaten up 25% of the range.

The FSI report discovered illegal mining at more than 3,000 sites across the Aravallis in Rajasthan and Haryana. These factors prompted amicus curiae to suggest to the court to pass interim directions to enforce the ban across the range and ensure no new mining lease was permitted.