Understand the import of SC’s Aravalli ruling
In clarifying that an area not demarcated as “forest land” in revenue records can also be forest, the SC order shows us that features (and consequently, ecosystem services) of a site are important
In 1900, the Punjab Land Preservation Act (PLPA) recognised that we need to conserve forests, for trees to prevent soil erosion, and save sub-soil water in the then Punjab hills. Last week, the Supreme Court (SC) held that areas in the Aravallis covered under the special section of PLPA have the features of a forest and should be conserved for their trees and soil quality. In the intervening 122 years, a lot has happened — heatwaves, the climate crisis, illegal mining in the Aravallis, the rise of terminology such as ecosystem services (such as forests conserving soil and recharging groundwater) and simultaneously, a continuous effort by authorities to sign away the Aravallis for real estate or mining.
In its order, the SC has found that 317 square kilometres of land in Haryana, under Special orders (Section 4) of the PLPA, has the “trappings of a forest”, and that Section 2 of the Forest Conservation Act will apply here. This means that these areas need to be conserved, and the Centre needs to be asked for permissions for any non-forest activities. The court has also directed the demolition of structures that have been put up without these permissions, and the restoration and afforestation of these areas.
The Aravallis are among the oldest mountain ranges in the world. Tigers live in Alwar and Sariska, leopards and hyenas between Asola, Faridabad, Gurgaon and Alwar. Dinosaurs once roamed here. For a forest-starved state such as Haryana, the forest cover of the Aravallis is a breath of fresh air, and a cup of cool water — the hills work as a biodiverse carbon sink and water- recharge unit. You can feel the temperature dropping the moment you approach the Aravallis. Yet, this is also where the huge Bandhwari garbage landfill towers over the hills, and where deputy superintendent of police, Surender Singh, was mowed down by an illegal stone mining truck recently. In short, the Aravallis are being used for our worst impulses. Many more uses for the Aravallis are envisaged, but none of them include honouring the hill slopes and forests.
The draft Regional Plan 2041 for the National Capital Region (NCR) in Uttar Pradesh, Rajasthan and Haryana is being finalised. There are glaring changes in the plan, in comparison to the last one. For one, all mention of the Aravallis has been removed. Eaten away bit by bit by apartment blocks, mines and restaurants, it appears that the most important, contiguous natural feature of the area doesn’t deserve to even be named. Second, the target for forest cover of 10% in the NCR, as per the last plan, has been removed. Third, the existing Natural Conservation Zone (NCZ), that includes the Aravallis, has been changed to Natural Zone. The implication of this is clear: Natural zones may not be conserved. An existing cap on construction in the NCZ, as per the existing region plan, is that 0.5% of the land may be constructed. This has been removed from the new draft.
In 2017, Bharti Realty cut over 6,000 trees within the NCZ, without applying for permission under the provisions of Forest Conservation Act. This happened despite the fact that the area’s forest status was to be decided, and a commitment to maintain status quo was given in the National Capital Region Planning Board in 2015. Later, the National Green Tribunal pulled up the firm and the Haryana government over the issue, but the. damage was done. Similarly, establishments such as marriage halls came up in the villages of Anangpur, Mewla Maharajpur and Ankhir, which the SC has ruled against.
In clarifying that an area not demarcated as “forest land” in revenue records can also be forest, the SC order shows us that features (and consequently, ecosystem services) of a site are important.
It is also significant that the fight for the Aravallis has been led by citizen groups such as the Aravalli Bachao Andolan, which do not want their last connections with nature severed. From birdwatchers and rock climbers to those who want the remaining forests to be restored for clean air, the hills represent a climate shield in the world’s most polluted air.
Currently, the Aravallis in Delhi and Haryana, including spots such as Mangar, Aravalli Biodiversity Park, Bhondsi and Asola, have guests. The Indian paradise flycatcher (named for its beauty) and the Indian pitta (a bird with nine colours) have migrated from peninsular India to breed here. The resident Indian eagle owl is nesting in Aravalli’s ancient slopes, while the Blue-cheeked bee-eater makes nests in slippery sandbanks. Such breeding spots are few, but marriage halls, restaurants and farmhouses dotting the hills are aplenty.
The vibrant life nestling in the Aravallis gives succour to those who believe it’s not too late to save the remnants of NCR’s Aravallis, especially since most of the hills are uninhabited by people. And in saying that natural slopes are more important than yet another marriage hall, the SC shows the direction the new regional plan must take.
Neha Sinha is a conservation biologist and the author of Wild and Wilful-Tales of 15 Iconic Indian Species The views expressed are personal
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