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Illegal mining can lead to irreversible damage: SC extends stay on Aravalli hills definition

A Bench led by CJI Surya Kant said it would constitute an expert committee of domain experts to undertake an exhaustive and holistic examination of mining and related issues in the Aravallis.

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A view of the Aravallis. Tribune file photo
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Noting that illegal mining can lead to “irreversible damage", the Supreme Court on Wednesday extended its order, which kept in abeyance its November 20 directions that accepted a uniform definition of Aravalli hills and ranges for mining regulation.

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A Bench led by CJI Surya Kant said it would constitute an expert committee of domain experts to undertake an exhaustive and holistic examination of mining and related issues in the Aravallis.

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The Bench — which also included Justice Joymalya Bagchi and Justice Vipul M Pancholi — asked Additional Solicitor General Aishwarya Bhati, amicus curiae K Parameshwar and others to suggest in four weeks names of environmentalists and scientists having expertise in mining for setting up the panel. The committee would work under the direction and supervision of the top court, the CJI said.

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As some lawyers said illegal mining was taking place at various places in the Aravallis, Additional Solicitor General KM Nataraj assured on behalf of the Rajasthan Government that "no unauthorised mining shall be allowed".

Holding that certain clarifications were needed regarding the definitions of Aravalli hills it had approved, the Supreme Court had on December 29 ordered to keep in abeyance its November 20 order that was based on a committee’s recommendations.

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“There has been a significant outcry among environmentalists – who have expressed profound concern about the potential for misinterpretation and improper implementation of the newly adopted definition and this court’s directions,” the Bench had said.

“This stay shall remain in effect until the present proceedings reach a state of logical finality, ensuring that no irreversible administrative or ecological actions are taken based on the current framework,” the Bench had said.

Often described as the ‘green lungs’ of North Western India, the Aravallis have for centuries sustained diverse ecosystems and underpinned the livelihoods of numerous communities.

The Special Bench had decided to set up a new high-powered committee of domain experts to examine the environmental impact of the recommendations made by an earlier committee. The composition of the committee has not been announced.

As a matter of abundant caution, the Bench had directed that “until further orders, no permission shall be granted for mining, whether it is for new mining leases or renewal of old mining leases, in the ‘Aravalli Hills and Ranges’ as defined in the FSI (Forest Survey of India) Report dated 25.08.2010 without prior permission from this Court.”

It had issued notices to the Centre and governments of Haryana, Rajasthan, Gujarat and Delhi and urged Attorney General R Venkataramani, Solicitor General Tushar Mehta, senior advocate and Amicus Curiae K Parmeswar and the Central Empowered Committee (CEC) to assist it on various issues concerning Aravali hills.

“While we have no scientific reasons justifying any ex-facie acceptance of the same, nor any cogent evidence or expert testimony to substantiate these individual contentions, nevertheless, it seems prima facie that both the Committee's Report and the judgment of this Court have omitted to expressly clarify certain critical issues,” it had said.

The top court had in November 2025 approved an elevation-linked definition for classifying landforms as part of the Aravalli range — spanning across Delhi, Haryana, Rajasthan and Gujarat — for the purpose of mining regulation.

However, following widespread apprehensions about ecological degradation due to unregulated mining in the Aravali Hills, the Supreme Court took suo motu cognisance of issues concerning its definition last week and urgently took up the matter on Monday.

Environmental activists expressed serious concerns over the revised definition of the Aravalli hills, saying dilution of the definition could legitimise mining and construction activities in hitherto protected areas.

In view of the fact that various states adopted different definitions for Aravalli hills/ranges, the top court had constituted a committee which in October 2025 suggested several measures to protect and preserve the Aravalli hills.

Any landform in Aravalli districts having an elevation of 100 metres or more from the local relief shall be termed as Aravalli hills, the committee had said.

It had defined the Aravalli range as “two or more Aravalli hills located within proximity of 500m from each other, measured from the outermost point on the boundary of the lowest contour line on either side."

In November 2025, a three-judge Bench led by the then CJI BR Gavai had accepted the committee’s recommendation and had chosen not to impose a complete ban on mining activities in the Aravallis, noting that such blanket prohibition led to illegal mining activities.

It had 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.

However, it had 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.”

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