No fresh mining leases, renewals in Aravallis, Supreme Court orders

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A web site of unlawful minings at Gairatpur Bas village in Pandala hills, one of many 16 places throughout the Aravallis of unlawful stone and sand mining in Nuh, Gurugram and Faridabad in Haryana. File
| Photo Credit: The Hindu

The Supreme Court on Thursday stopped the grant of fresh mining leases and renewals in what, in response to a Forest Survey of India report, represent the Aravalli ranges and hills.

The Forest Survey of India (FSI) report, submitted by the Central Empowered Committee (CEC) in courtroom, outlined the Aravallis to incorporate the hills and a uniform 100-metre-wide buffer zone across the downsides of the hills.

“Until further orders, though all States wherein the Aravalli ranges are situated will be at liberty to consider and process applications for grant of mining leases and renewals thereof, no annual permission shall be granted for mining in the Aravalli hills and ranges as defined in the FSI report,” a Special Bench of Justices B.R. Gavai and A.S. Oka directed.

The courtroom made it clear that its order shouldn’t be construed as a ban on authorized mining actions carried out by legitimate permits and licences.

“In our experience, a total ban on mining is not conducive even to the interest of the environment in as much as it gives scope for illegal mining,” the Bench noticed.

The courtroom’s order covers Delhi, Rajasthan, Haryana and Gujarat — the 4 States the place the Aravallis reside.

On a request by Rajasthan and Haryana that the order might have an effect on sand mining actions, the Bench mentioned its instructions can be restricted to the Aravalli hills and ranges.

“But there is no sand in the hills,” Justice Gavai mentioned with a smile to Solicitor-General Tushar Mehta and Additional Solicitor-General K.M. Nataraj, showing for Haryana and Rajasthan, respectively.

The prohibition on fresh mining leases and renewals would prolong to statutory clearances by the assorted authorities.

Haryana and Rajasthan had vehemently opposed a suggestion made by amicus curiae, advocate K. Parameshwar, to the courtroom to cease the issuance of fresh mining leases and renewals of current mining leases working in the Aravalli ranges and hills.

The two States and the Federation of Associations of Mining in Rajasthan had referred to the “cascading effect” an entire ban on mining would have on the livelihood of labourers.

The report submitted by the CEC, represented by senior advocate A.D.N. Rao, had offered to the courtroom in depth district smart particulars of unlawful mining carried out in Rajasthan.

The courtroom agreed with Mr. Parameshwar that each one 4 States diverse in their definition of what really constituted the Aravalli ranges and hills. The amicus curiae mentioned Haryana didn’t also have a definition.

The Bench ordered the Ministry of Environment and Forests to represent a committee headed by its Secretary and together with representatives of the 4 States, FSI, CEC, and the Geological Survey of India to provide you with a typical and uniform definition of the Aravalli hills and ranges. The committee was directed to submit a report in two months.

“Aravalli is the only geographical feature that stops dry winds from coming to the Gangetic plains. Dry winds that come from Afghanistan and Pakistan. Aravalli is a natural barrier. If we lose the Aravalli, we invite the arid, dry climate to enter from Afghanistan and Pakistan,” Mr. Parameshwar had highlighted in courtroom.

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