10 times courts intervened to protect Aravalli hills

The petitioners challenged the Haryana government’s plan to develop a jungle safari park over 10,000 acres of land in the ecologically sensitive Aravalli hills, arguing that the project prioritises commercial interests over restoration of the region that is critical to the environmental health of Delhi-NCR.

2) Protection of Delhi’s ridge

The Supreme Court, in May, issued show cause notices to senior Delhi government officials, the Municipal Corporation of Delhi (MCD) commissioner, and a private developer, seeking explanations for alleged violations of its 1996 directive under the M C Mehta vs Union of India case and going ahead with construction of a housing society in the “morphological ridge” area, an ecologically sensitive zone, in Vasant Kunj.

The 1996 directive held that ridge land must be safeguarded against encroachment and non-forest use without prior court approval.

The case pertains to the protection of Delhi’s ridge, an important green area that acts as the city’s lung and a key part of the Aravalli Range.

3) NGT’s direction

Noting that no steps have been taken for the reclamation or rehabilitation of land where illegal mining has been done in the Aravallis in Haryana, the National Green Tribunal (NGT) directed the Haryana State Pollution Control Board to submit an action plan to utilise the environmental compensation or fines collected for illegal mining to reclaim or rehabilitate the land.

The NGT was hearing a case on illegal sand and stone mining in the Aravallis in Haryana. The applicant, the Aravalli Bachao Citizens Movement, had submitted to the NGT that an RTI response from the Directorate of Mines and Geology, Government of Haryana, obtained in August last year stated that Rs 24,96,04,528 was collected as penalty or environmental compensation from 2010 to 2022 in cases of illegal mining in Gurgaon, Faridabad and Nuh districts.

4) Restoration of forested land under Aravali hills

In 2022, the Punjab and Haryana High Court issued notice to Centre, Haryana after hearing a petition seeking restoration of forested land of Mangar Bani village under Aravali hills area back to the gram panchayat.

The petitioner, Lieutenant Colonel Sarvadaman Singh Oberoi (Retd), 73, through counsel, Shreenath A Khemka, contended that Mangar in Faridabad is home to the Aravalli hills, an ecological preserve. Of the total 4,262 acres of Mangar Bani, 3,810 acres is ‘gair mumkin pahar’ (uncultivable forest land).

It was submitted that within 10 years, the entire gair mumkin pahar was sold into private ownership. In the 1980s, the entire village was consolidated, despite 3,810 acres of gair mumkin pahar being neither agricultural land nor fragmented.

5) No construction

In 2020, the Punjab and Haryana High Court asked the Haryana government to strictly ensure that no construction or related activity takes place in the Aravallis, except where permission has been taken from a Supreme Court-constituted high-powered committee or the Union Environment Ministry. The division bench also said the state is at a liberty to take action against any illegal construction in the area.

6) Amendments to allow construction

In 2019, the Supreme Court warned the Haryana government that it will be in “trouble” if it has done “anything” with Aravalli hills or forest area by passing amendments to an Act to allow construction there.

On February 27 2019, the Haryana Assembly had passed amendments to the Punjab Land Preservation Act opening up thousands of acres of land to real estate and other non-forest activity in the area that was protected under it for over a century. The amendments to the Act were passed by the state assembly amid vociferous protests and walkout by opposition parties.

7) Disappearance of 31 hills

In 2018, the Supreme court expressed shock over “vanished” 31 hills in the Aravalli area of Rajasthan and asked the state government to stop illegal mining in the 115.34-hectare area there within 48 hours.

The top court said though Rajasthan was earning a royalty of around Rs 5,000 crore from mining activities in Aravalli, it cannot endanger the lives of lakhs of people in Delhi as the disappearance of hills could be one of reasons for rise in pollution level in the national capital region (NCR).

8) Action against encroachments

In 2021, the Supreme Court refused to stay its order directing Haryana and the Faridabad municipal corporation to remove encroachments, consisting of around 10,000 residential constructions, in Aravali forest area near Khori village, saying we want our forest land to be cleared.

The apex court on June 7 had directed the state and the Faridabad municipal corporation to remove all encroachments in Aravali forest area near the village, saying land grabbers cannot take refuge in rule of law and talk of fairness.

9) Mining in Aravallis

In 2014, the Supreme Court, turning the heat on derelict officials of the Haryana government, said it would prosecute all erring officials without waiting for any more reports on illegal mining and proliferation of stone-crushing units in the Aravali hills.

10) Construction of road via Aravalli

The National Green Tribunal, in 2018, directed a private construction company to not go ahead with clearing six hectares of forest land in the Aravalli range to build a road, connecting some farmhouses in Gurgaon to National Highway-48.

The NGT bench, comprising Jawad Rahim, S P Wangdi and Nagin Nanda, said the private firm, which was carrying out the work on behalf of the Haryana Forest Department, has to first take permission from the Tribunal before continuing with the project.

Why is Aravalli Hills in news?

After the Supreme Court accepted the definition of Aravalli Hills given by a Centre-appointed expert committee, the ruling has sparked much debate with environment activists raising concerns that hills falling below this 100-meter threshold may lose legal protection and be cleared for mining, potentially threatening the ecological continuity of India’s oldest mountain range.

Under this new criterion, the Aravalli range is defined as any landform located in the Aravalli districts, having an elevation of 100 metres or more from the local relief.

The order led to protests with demonstrators forming human chains on either of the roads outside the Civil Lines residence-cum office of the Haryana Environment Minister Rao Narbir Singh.

While giving clarification to the apprehension of mining, the Union Environment Minister Bhupender Yadav said that it would not lead to any relaxation for mining in the range.