SC bans mining in Gurgaon,Faridabad,Mewat

Calling the Aravallis “the most distinctive and ancient mountain chain of Peninsular India”,the three-member forest bench of the apex court headed by Chief Justice K G Balakrishnan observed that mining operations cannot be allowed in the area “on the principle of sustainable development”.

The bench also comprised Justices Arijit Pasayat and S H Kapadia.

“Time has now come to suspend mining in the area till statutory provisions for restoration and reclamation are duly complied with,particularly in cases where pits/quarries have been left abandoned,” Justice Kapadia wrote for the bench. “This court has tried to balance mining activity on one hand with protection of environment on the other hand.”

Even in 2004,when the apex court banned mining activities within a five-kilometre radius of the national capital,it gave a “warning” that the court would have consider banning all mining activities “at a later stage” if degradation of environment went on and reached a stage of no-return despite imposing stringent conditions.

“This prediction has now come true,” Justice Kapadia said while “suspending” all mining operations in the Aravalli hill range “within the area of approximately 448 sq km in the districts of Faridabad and Gurgaon,including Mewat”.

Issuing the order,the court noted that environment and ecology are “national assets — they are subject to inter-generational equity”.

The court had reserved its verdict on March 27 after hearing a batch of petitions on the contentious issue whether a complete ban,as suggested both by the state and a court-appointed central empowered committee could be imposed.

Prepare plan,says court
The court said the ban would be in place “till a reclamation plan,duly certified by the State of Haryana,Ministry of Environment and Forests and CEC is prepared” in accordance with various environmental statutory provisions.

The bench said the plan should contain the steps needed to be taken to “rehabilitate (including reclamation),followed by status reports on steps taken by the authorities,pursuant to the said plan”.

Agreeing with senior advocate Ranjeet Kumar who assisted the court along with counsel A D N Rao,the bench pointed out how “extensive mining on a disproportionate scale has resulted irreversible changes in the environment of the Aravallis.” It recalled how mining activities were banned through an earlier apex court order in October 2002 under similar circumstances.