Supreme Court Suspends Mining in Aravalli Hills

Danger to whatever is left of the Aravalli Hills has become a big issue. The Supreme Court on May 8, 2009 “suspended all mining operations in the Aravalli Hill Range” in Faridabad and Gurgaon districts, including Mewat, till a “Reclamation Plan” approved by the state, the Ministry of Environment and Forests and the Central Empowered Committee (CEC) was put in place. The satellite images indicate the devastation caused to the area by the extensive mining operations. Extraordinary situation demands extraordinary remedies. In the circumstances, the apex court is of the view that mining operations should be immediately suspended in the above area.

Political Patronage
This is not the first time the courts have rapped State Governments who have repeatedly turned a blind eye to illegal mining activity. Recently, in 20 villages in Mewat district, the Supreme Court’s earlier ruling was reportedly being flouted.

Mining, a money minting business, has often enjoyed political patronage. Several politicians hand in glove with unscrupulous contractors have failed to take account of the ecological price of indiscriminate mining extracts from the environment. While large-scale mining is the prime cause behind deforestation, even small-scale mining is no less damaging. Mining adversely affects the ground water supply and the chemicals used in mining pollute rivers, streams and lakes which poses a threat both to the environment and the health of the people.

Mining of Minor Minerals
The Court stated that it would “deal with mining of minor minerals” after the summer vacation that would end on June 30. This issue involved a “localised area of 600 hectares out of 448 sq km (approx.) for purposes of excavating construction material” required for construction work, including sports complexes, apparently meant for the 2010 Commonwealth Games to be held in Delhi.

The apex court had clamped a total ban on mining in the entire Aravalli Range covering Haryana and Rajasthan on October 29/30, 2002, but modified the order on December 16, 2002, to permit mining on sustainable development principle.

On March 18, 2004, the court clarified that “a window was left open” for it to re-impose the total ban in the case of emergency. “In other words, a gateway was provided for this court to impose the ban in future if degradation of environment becomes irreversible,” the Court pointed out.
The Court further stated that it was brought to its notice that mining leases were granted without environmental and other required clearances and this resulted in environmental degradation.

Judiciary’s Pro-Active Role
The judiciary’s proactive role in the issue, which has far reaching effects on the environment, is laudable. Sadly, it has not been matched by government action. After blatantly ignoring the norms for over a decade, the Haryana Government has in principle agreed to abide by the Supreme Court appointed Central Empowered Committee’s recommendations. Whether it delivers on the promise remains to be seen.

According to environmentalists if Aravalli range, one of oldest mountain ranges is not protected, North India is likely to become one big desert. The State Governments not only need to work beyond vested interests but also state borders. The environment is both a collective legacy of the people and a joint responsibility of the State Governments which must discharge it with honesty.