Supreme Court bans all mining in entire Aravallis

‘‘We prohibit and ban all mining activity in the entire Aravalli hills. The ban is not limited to hills encircling Kote and Alampur villages but extends to the entire hill range of Aravalli from Haryana to Rajasthan,’’ said the order.

The Chief Secretaries of Haryana and Rajasthan have been directed to ensure that no mining activity in the Aravalli hills is carried out, especially in the part which has been regarded as forest area or protected under the Environment (Protection) Act.

The order is yet to reach the respective states but a major outcry is expected as most mines in the 250-kilometre stretch starting from Delhi would be affected.

‘‘I am yet to receive the order,’’ said Rakesh Verma, secretary (Mines), government of Rajasthan.

Initially there was a confusion on whether the ban would apply to the entire range, but it has been clarified that barring in Dholpur, every single mine in the range would be closed.

‘‘The entire Aravalli range is a forest area, whether protected or not, hence for now all mining activity has to stop…A blanket ban is necessary to shake them up,’’ Harish Salve, amicus curiae in the case told The Indian Express.

The Supreme Court’s ‘‘blanket ban’’ comes in the face of strong opposition by several influential mineowners—including Haryana politicians—and the Chautala government itself who have been claiming that a ban on mining is neither good environment nor good economics.

However, the court’s message is clear. While the order banning mining along the Delhi-Gurgaon stretch was based on the argument that the water table was being drained, this time the Court has taken note of the threat to the very existence of the Aravallis.

All along the ranges, from New Delhi to Mount Abu, deep pits mark the mountain face as stones—used mainly in building construction—are mined on a daily basis.

The Central Empowered Committee, the panel of experts set up by the Supreme Court to offer expert advice and opinion on forest-related cases, has visited the area and reported on the Aravallis’ invaluable role in the region’s ecology.

According to the report prepared by its Member Secretary M L Jiwarajka, the Aravallis form a mini water-shed. This sets off several seasonal streams which help recharge the ground water in the area. Unchecked mining over the last few years has led to a sharp fall in the water levels of the three states of Delhi, Haryana and Rajasthan.

‘‘The shocking aspect of the mining is that it is destroying the forest which has been re-created by plantations done under the Aravalli greening programme. As a result of the good work done by the Haryana forest department of greening these hills is being undone by the mining activity,’’ states the report.

According to the report, illegal mining activity is being carried out in an dangerous manner with complete disregard to the accepted safety norms. ‘‘Repeated complaints made against the illegal mining which is hazardous to people living close to the hills has evoked no response from the police, forest and revenue officials,’’ states the report.

Central to the SC order is the argument that the Aravallis fall under the category of ‘‘forest land.’’ This category itself was defined by the Supreme Court on Dec 12, 1996 as land land that is notified as forest under the Indian Forest Act, land that has characteristics of a forest irrespective of ownership. And even land where there was once a forest. As per the order, any diversion for ‘‘non-forest purposes’’ (like mining) would require prior approval from the Central government.

According to the members of the Central Empowered Committee, their survey showed that most mineowners obtain approval for a certain stretch and then mine indiscriminately. The remote terrain and the lack of records makes monitoring difficult for government agencies.