SC stays Aravalli order, flags ecological risks

The Supreme Court on Monday stayed its November 20 judgment that had narrowed the definition of the Aravalli hills to landforms rising at least 100 metres above surrounding terrain, citing a “dire need to further probe and clarify” the issue to prevent regulatory gaps that could threaten the ecological integrity of one of India’s most fragile mountain systems.

Taking suo motu cognisance of the matter, a bench comprising Chief Justice of India Surya Kant and Justices J.K. Maheshwari and A.G. Masih ordered that both the earlier judgment and the recommendations of a court-appointed expert committee be kept in abeyance until a comprehensive re-examination is undertaken with the assistance of independent domain experts.

The interim stay effectively puts on hold the mapping and delineation exercise initiated earlier this month by the Union environment ministry and the governments of Haryana, Delhi, Rajasthan and Gujarat. That exercise had sought to identify Aravalli areas strictly on the basis of the 100-metre elevation criterion and was intended to form the foundation for future mining decisions in the region.

Directing that no irreversible administrative or ecological steps be taken meanwhile, the bench said that the committee’s recommendations and the findings of the November 20 judgment would remain stayed until the proceedings reach “logical finality”. Notices were issued to the Centre and the four Aravalli states, and the matter has been listed for further hearing on January 21.

Describing the Aravalli range as the “green lungs of north-western India”, the court underscored its role as a two-billion-year-old ecological and socio-economic backbone of the region. The range acts as a natural barrier separating the Thar desert from the fertile northern plains, supports groundwater recharge, and sustains diverse ecosystems and livelihoods.

The stay order follows weeks of criticism and concern from environmentalists and conservationists who warned that the elevation-based definition could expose large parts of the ancient range to commercial exploitation and mining. The Union environment minister reiterated that the government remains committed to the protection and restoration of the Aravallis and clarified that a complete ban continues on granting new mining leases or renewing existing ones.

The bench noted that despite the Aravallis’ historical and environmental significance, decades of unchecked urbanisation, deforestation and intensive resource extraction have placed immense strain on what it described as an “inherently fragile ecosystem”. It observed that the November judgment had triggered multiple applications and widespread public criticism, raising concerns over ambiguity, misinterpretation and improper implementation.

While stating that there was no conclusive scientific material on record to justify outright acceptance of all criticisms, the court held that, prima facie, both the committee’s report and the November ruling failed to clearly address several critical issues. It warned that regulatory gaps arising from these ambiguities could undermine long-term conservation of the range.

Among the unresolved concerns flagged by the bench were whether limiting the definition of the Aravallis to hills located within 500 metres of each other artificially narrows the conservation footprint; whether this approach inadvertently expands “non-Aravalli” areas where mining could proceed; and how ecological continuity would be preserved where gaps between qualifying hills exceed the prescribed distance.

The court also took note of criticism that only 1,048 out of 12,081 hills in Rajasthan reportedly meet the 100-metre threshold. If scientifically accurate, the bench said, this could strip vast portions of the Aravalli system of environmental protection, creating a serious regulatory vacuum warranting an exhaustive geological and ecological assessment.

In light of these concerns, the court indicated its inclination to constitute a high-powered expert committee to conduct a holistic, multi-temporal review of the existing recommendations. The proposed assessment would include identifying areas that fall within or outside the definition, evaluating the ecological impact of regulated mining, and examining whether exclusion of certain landforms risks irreversible degradation of the range.

During the hearing, the Union government welcomed the suo motu proceedings and submitted that several misconceptions had arisen regarding the November judgment. It was argued that the earlier ruling had accepted an expert committee’s report and envisaged a detailed Management Plan for Sustainable Mining, which would become operational only after court approval. The government also indicated that public consultations were planned before finalising any such plan.

The bench, however, reiterated its concerns over whether an elevation-based definition could narrow conservation areas, expand the scope of non-Aravalli land, and leave critical ecological gaps vulnerable to mining and development. It also questioned how the structural and ecological continuity of the ancient mountain system would be preserved under the existing framework.

The court further reiterated, as a matter of abundant caution, that no permissions for new mining leases or renewals 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 mounting criticism of the November 20 ruling, which had accepted a purely elevation-based definition of the Aravallis. There was no uniform definition earlier, with only Rajasthan having a formal criterion based on terrain slope.

Stretching over 700 kilometres from eastern Gujarat through Rajasthan and Haryana to Delhi, the Aravalli range is among the world’s oldest fold mountains and plays a crucial role in preventing desertification, supporting biodiversity, and maintaining ecological balance in north-western India.