Supreme Court Seeks Domain Experts to Define Aravali Hills, Extends Mining Ban
The Supreme Court of India has taken a decisive step in the ongoing Aravali hills controversy by directing the environment ministry and other stakeholders to propose names of domain experts for a specialized committee. This committee will be tasked with precisely defining the Aravali hills and ranges, a critical move aimed at resolving regulatory ambiguities. The bench, comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi, made it unequivocally clear that only lawful mining operations would be sanctioned in the ecologically sensitive region, extending its earlier stay order on all mining activities for the time being.
Background and Court's Stance
This development follows the top court's intervention on December 29, when it acknowledged the significant public outcry over a new definition of the Aravalis. In response, the court suspended its November 20 order, which had accepted a uniform definition, and imposed a complete halt on mining. During Thursday's hearing, the bench underscored its commitment to a meticulous process, stating, "We will allow lawful mining only... let the experts tell us (the definition). We will cross all bridges and reach the right destination." This statement came in response to arguments from senior advocate Mukul Rohatgi, representing a litigant with a mining license, who highlighted that mining had been stalled due to the court's order, affecting companies that had secured rights after prolonged legal battles.
Formation of Expert Committee and Procedural Steps
The bench has formally requested the Ministry of Environment, Forest and Climate Change to submit a panel of domain experts along with their detailed profiles. Additionally, senior counsel involved in the case have been asked to provide profiles of eminent domain experts to assist in constituting the committee. The court has appointed lawyer Jay Cheema to assist the bench, joining senior advocate K Parmeswar, who is already serving as amicus curiae. Recognizing the economic impact, the bench noted it is conscious that all activities, particularly mining by licensed firms, have come to a standstill. However, it emphasized that the status quo must be maintained until preliminary issues are addressed in a phased manner. The matter has been scheduled for the constitution of the committee, with stakeholders required to submit written notes by March 10, following the amicus curiae's suggestions on the definitions of the Aravali hills and ranges.
Ecological Concerns and Future Directions
In earlier observations, the bench pointed out that previous reports and verdicts appeared to have "omitted to expressly clarify certain critical issues," creating a "dire need to further probe" to prevent regulatory gaps that could compromise the ecological integrity of the Aravali region. The court highlighted the significant outcry among environmentalists, who have raised concerns about potential misinterpretation and improper implementation of the definition and the court's directives. The bench assured that it will establish the panel of experts and frame specific issues to be decided in subsequent hearings, ensuring a thorough and balanced approach that safeguards both environmental sustainability and lawful economic activities.
