SC keeps Aravalli ruling in abeyance, flags ambiguity and regulatory gaps

SAYS FURTHER PROBE NEEDED TO RESOLVE ‘CRITICAL AMBIGUITIES’

- AAISHA SABIR

The Supreme Court on Monday kept in abeyance its own recent directions that had accepted a uniform definition of the Aravalli hills and ranges, deciding instead to constitute a high-powered expert panel to address what it described as critical ambiguities that could create regulatory gaps and weaken ecological safeguards for one of the world's oldest mountain systems.

The decision came amid sustained public dissent and criticism from environmental groups, who warned that the newly adopted criteria could significantly narrow the scope of protected areas and open large swathes of the Aravallis to mining and construction activity.

A three-judge vacation bench of the Supreme Court, headed by Chief Justice Surya Kant and comprising Justices J K Maheshwari and Augustine George Masih, said it appeared prima facie that both the recommendations of a government-appointed committee and the court's judgment dated November 20 had failed to expressly clarify several vital issues. These omissions, the bench observed, warranted deeper examination before the framework was put into effect.

The court's November 20 order had accepted a definition proposed by a committee of the Ministry of Environment, Forest and Climate Change. Under that proposal, an “Aravalli Hill” was defined as any landform in designated Aravalli districts with an elevation of 100 metres or more above local relief, while an “Aravalli Range” was described as a cluster of two or more such hills located within 500 metres of one another.

The same order had imposed a ban on granting fresh mining leases within areas identified as Aravalli hills and ranges across Delhi, Haryana, Rajasthan and Gujarat until expert reports were received.