Supreme Court stays its Nov 20 Aravalli order, stresses ecological risks

THe sublime margaret court on mon stayed its nov 20 mind narrowing the definition of Aravalli hills to landforms rising at least 100 metres above the surrounding terrain, holding that there was a “dire need to further probe and clarify” the issue to prevent regulatory gaps that could undermine the ecological integrity of one of India’s most fragile and significant mountain systems. Hearing the matter suo motu (on its own), a bench comprising Chief Justice of India Surya Kant and justices JK Maheshwari and AG Masih ordered that the earlier judgment and the recommendations of a court-appointed committee be kept “in abeyance” until a comprehensive re-examination is carried out with the assistance of a high-powered panel of independent domain experts.The interim stay is likely to put on hold the mapping and delineation exercise initiated earlier this month by the Union environment ministry and state governments to identify Aravalli areas strictly on the basis of the now-stayed 100-metre elevation criterion – an exercise that was meant to form the foundation for future mining decisions in the region.“We deem it necessary to direct that the recommendations submitted by the committee, together with the findings and directions stipulated by this court in the judgment of November 20, 2025, be kept in abeyance,” the bench said, issuing notice to the Centre and the four Aravalli states of Haryana, Delhi, Rajasthan and Gujarat, and posting it for further hearing on January 21.Describing the Aravallis as the “green lungs of north-western India”, the court underlined that the two-billion-year-old range serves as an indispensable ecological and socio-economic backbone of the region, acting as a natural barrier separating the Thar desert from the fertile northern plains while sustaining diverse ecosystems and livelihoods.The decision came after weeks of outrage over concerns that the definition could expose the ancient ranges to commercial exploitation and mining. Union environment minister Bhupender Yadav reiterated that his ministry was committed to the “protection and restoration of the Aravalli range.”“As things stand, a complete ban on mining stays with regards to new mining leases or renewal of old mining leases,” he said on X.The apex court bench noted that despite its historical and environmental significance, the Aravallis were subjected to decades of unchecked urbanisation, deforestation and intensive resource extraction, placing immense strain on what it described as an “inherently fragile ecosystem”.It pointed out that the November 20 judgment triggered a spate of interlocutory applications, miscellaneous petitions and public criticism, particularly from environmentalists, raising concerns about ambiguity, misinterpretation and improper implementation of the new definition.While stating that there was no scientific material on record to justify outright acceptance of these criticisms, the court said it appeared prima facie that both the committee’s report and the November judgment had failed to expressly clarify several “critical issues”.“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,” held the bench, pointing to widespread apprehension that the elevation-based definition could unintentionally shrink protected areas and open up ecologically contiguous terrain to mining and development.Among the unresolved questions flagged by the court were whether restricting the Aravallis to a 500-metre proximity between qualifying hills creates a structural paradox by narrowing the conservation footprint; whether this approach inversely expands so-called “non-Aravalli” areas where unregulated mining could continue; and how ecological continuity would be preserved where gaps between qualifying hills exceed the prescribed distance.The bench also took note of criticism that only 1,048 out of 12,081 hills in Rajasthan meet the 100-metre threshold – a claim which, if scientifically accurate, could strip vast portions of the range of environmental protection. The court said this raised the possibility of a serious regulatory lacuna, warranting an exhaustive scientific and geological assessment of the entire range.In view of these concerns, the court said it was inclined to constitute a high-powered expert committee to conduct a holistic and multi-temporal assessment of the committee’s report, including identifying which areas fall within and outside the proposed definition, evaluating the ecological impact of regulated mining, and examining whether exclusion of certain areas risks long-term degradation of the range.During Monday’s hearing, solicitor general Tushar Mehta, appearing for the Union government, welcomed the suo motu proceedings and said there were “several misconceptions” surrounding the November judgment. He pointed out that the earlier ruling had accepted the report of a court-appointed expert committee, and that it had envisaged a detailed mining plan to be prepared by experts, which would become operational only after Supreme Court approval. Mehta added that the government had also decided to conduct public consultations before finalising any mining plan.The bench, however, flagged a series of structural and ecological concerns arising from the elevation-based definition. These included whether restricting the Aravallis to landforms rising 100 metres or more effectively narrows the conservation area; whether it expands the scope of non-Aravalli land where regulated mining may be allowed; and how mining would be treated in “gaps” between two qualifying hill formations.The bench also raised concerns about how ecological continuity of the ancient mountain range would be preserved and whether a fresh and broader assessment would be required if a significant regulatory vacuum was discovered that could compromise the structural integrity of the Aravallis.Attorney General R Venkataramani, SG Mehta, senior advocate K Parameshwar (amicus curiae), and the Central Empowered Committee will assist the court.The bench directed that until the proceedings reach “logical finality”, the committee’s recommendations and the findings of the November 20 judgment will remain stayed to ensure that no irreversible administrative or ecological actions are taken.The court further reiterated, as a matter of “abundant caution”, that no permissions, whether for new mining leases or renewal of existing ones, shall be granted in the Aravalli Hills and Ranges as identified in the Forest Survey of India’s 2010 report, without prior approval of the Supreme Court.The suo motu proceedings were initiated on December 27 amid growing criticism of the November 20 judgment, which had accepted an expert committee’s recommendation to define the Aravallis purely on an elevation-based criterion. Under that definition, only landforms rising at least 100 metres above the local relief, measured from the lowest contour encircling the landform to its peak, qualified as Aravalli hills.There was no uniform definition of the Aravallis earlier. Of the four states that the mountains pass through -- Gujarat, Haryana, Rajasthan and Delhi -- only Rajasthan had a definition for the hills -- terrain with a slope greater than 3 degrees.Environmental experts and conservationists warned that this approach excluded large tracts of smaller hills, ridges and undulating terrain that form part of the continuous geological and ecological system of the Aravalli range, potentially opening them up to mining and development.The controversy intensified after the Union environment ministry, on December 8, convened a meeting to initiate groundwork for delineating Aravalli areas “as per the definition accepted by the SC on November 20”, with state governments and the Survey of India tasked with mapping qualifying landforms. That exercise was intended to serve as the baseline for preparing a Management Plan for Sustainable Mining (MPSM) through the Indian Council of Forestry Research and Education (ICFRE).With the November ruling now stayed, that delineation process is expected to be paused until the Supreme Court settles the definition question.The Aravalli range is one of the world’s oldest fold mountains, which stretch over 700 kilometres from eastern Gujarat to Delhi through Rajasthan and Haryana, and plays a crucial ecological role. It acts as a natural barrier against desertification, aids groundwater recharge, and supports a diverse ecosystem of flora and fauna in an otherwise arid landscape.