SC allows sustainable mining in Aravali; no new mining licence till Centre prepares plan

The Supreme Court on Thursday directed the Ministry of Environment, Forest and Climate Change (MOEFCC) to prepare a Management Plan for Sustainable Mining (MPSM) for the Aravali hills and ranges that span across Delhi, Haryana, Rajasthan and Gujarat.

“The MPSM will provide adequate data on the basis of geo-referenced ecological assessment and identify the areas which have wildlife and other high eco-sensitive areas, which are required to be conserved. The MPSM will also provide data as to how sustainable mining is to be conducted,” a Bench led by CJI BR Gavai said.

However, it ordered that “In the meantime, the mining activities in the mines which are already in operation would be continued in strict compliance with the recommendations made by the Committee (SC-appointed Central Empowered Committee) in its Report.”

It directed that upon the MPSM being finalised by the Ministry of Environment and Forests in consultation with the Indian Council of Forestry Research and Education (ICFRE), mining would be permitted as per the MPSM only in those areas wherein sustainable mining could be permitted.

The Bench, which also included Justice K Vinod Chandran and Justice NV Anjaria, said a complete ban on mining could lead to illegal mining activities being carried out, creation of land/mining mafias and criminalisation. “…insofar as a ban on mining is concerned, we do not propose to impose any such ban on the present legal mining activities that are already being undertaken in the Aravali Hills and Ranges,” it said.

The top court said that “it may not be in the interest of ecology and environment if further mining activities are permitted to be carried out without a body of experts, such as ICFRE, examining the issue of protection of the conservation areas.”

“We are, therefore, of the considered opinion that if such an MPSM is carried out for the Aravali Hills and Ranges, it can also identify the areas where sustainable mining activities could be permitted. We therefore find that it will be appropriate to prepare a Management Plan, in the nature of MPSM for Sarandha (Jharkhand), for the Aravali Hills and Ranges,” it said.

The top court said that “taking all aspects of the matter into consideration, especially the fact that the Aravali Hills and Ranges harbour rich biodiversity, with twenty-two wildlife sanctuaries, four tiger reserves, the Keoladeo National Park, along with wetlands like Sultanpur, Sambhar, Siliserh, and Asola Bhati, and aquifers that recharge river systems including the ones at Chambal, Sabarmati, Luni, Mahi, and Banas, it is more than appropriate that before permitting further sustainable mining activities, the same are preceded by preparation of an MPSM.”

The Bench accepted the Committee’s recommendations regarding definition of Aravalli and the measures suggested for preventing illegal mining and permitting only sustainable mining in the Aravali Hills and Ranges.

It directed that the MPSM must identify permissible areas for mining, ecologically sensitive, conservation-critical and restoration- priority areas within the Aravali landscape where mining shall be strictly prohibited or permitted only under exceptional and scientifically justified circumstances and incorporate a thorough analysis of cumulative environmental impacts and the ecological carrying capacity of the region besides including detailed post-mining restoration and rehabilitation measures.