Aravalli definition: Criticism appears to stem from perceived ambiguity and lack of clarity, says SC

New Delhi, Dec 29 (PTI) The Supreme Court on Monday said the public dissent and criticism over the definition of the Aravalli hills and ranges appeared to stem from the perceived ambiguity and "lack of clarity" in certain terms and directives issued by the apex court.

Amid the outcry over the new definition of Aravallis, the top court kept in abeyance its November 20 directions that accepted a uniform definition of the Aravalli hills and ranges and banned the grant of fresh mining leases inside its areas spanning Delhi, Haryana, Rajasthan and Gujarat until experts' reports are out.

On November 20, the top court had accepted the recommendations of a committee of the Ministry of Environment, Forest and Climate Change on the definition of the Aravalli hills and ranges to protect the world's oldest mountain system.

On Monday, a three-judge vacation bench headed by Chief Justice Surya Kant said 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 the top court's directions.

"This public dissent and criticism appear to stem from the perceived ambiguity and lack of clarity in certain terms and directives issued by this court," the bench, also comprising Justices J K Maheshwari and Augustine George Masih, said.

It said consequently, there is a dire need to further probe and clarify to prevent any "regulatory gaps" that might undermine the ecological integrity of the Aravalli region.

The bench passed its order in a suo motu matter titled ''In Re: Definition of Aravalli Hills and Ranges and Ancillary Issues".

It said the Aravalli hills and ranges, frequently characterised as the 'green lungs' of northwestern India, have for centuries sustained diverse ecosystems and underpinned the livelihoods of numerous communities.

"It serves as the indispensable ecological and socioeconomic backbone of the region, functioning as the primary geographical barrier separating the arid northwestern desert from the fertile northern plains," the bench said.

It said owing to its ancient geological formation, the Aravallis host some of the nation's most significant mineral deposits.

The bench noted it has been alleged time and again that the Aravallis have been subjected to escalating anthropogenic pressures.

"Decades of unchecked urbanisation, systematic deforestation, and intensive resource extraction are said to have exerted immense strain upon this inherently fragile ecosystem," it said.

The bench said since 2002, the apex court has been actively seized of the issues concerning mining operations within the Aravallis and the concomitant necessity of protecting its fragile ecology.

It said prior to the implementation of the committee's report or the execution of the November 20 directions, a "fair, impartial, independent expert opinion" must be obtained and considered, after associating all requisite stakeholders.

The bench said such a step was essential to resolve "critical ambiguities" and to provide definitive guidance on issues such as whether there exist any supplementary issues or systemic vulnerabilities that may emerge during the course of these proceedings that necessitate the top court's intervention.

The bench proposed to constitute a high-powered expert panel comprising domain experts to undertake a comprehensive assessment of the report submitted by the committee.

It said this study shall constitute an exhaustive and holistic examination of the questions formulated and parameters, including a detailed identification of the territories that would be excluded from protection under the proposed criteria.

"An analysis of whether 'sustainable mining' or 'regulated mining' within the newly demarcated Aravalli areas, notwithstanding regulatory oversight, would result in any adverse ecological consequences," the bench said.

It said the study would also include an assessment of the areas no longer covered by the definition, specifically whether such exclusion risks their eventual erasure or degradation, thereby compromising the overall ecological integrity of the Aravalli range.

The bench said a multi-temporal evaluation of the short-term and long-term environmental impacts resulting from the implementation of the recommended definition and its associated directions be also done.

It issued notice to the Centre, Delhi, Rajasthan, Haryana and Gujarat and posted the matter for hearing on January 21. PTI ABA RT