Monday 18 January 2016

17 JAN 1997 SUPREME COURT BANS ALL NON-FOREST ACTIVITIES

Supreme Court bans mining across Aravalli hills

    Central to the court's landmark order is the argument that the entire Aravalli range falls under the category of ‘forest land'
    To stop the ravaging of the 250-km-long Aravalli mountain range and check irreversible environmental damage, the Supreme Court has banned mining activity right across the range, from Haryana to Rajasthan.
    The landmark order, first issued by chief justice B N Kirpal on his last day in office, and a final version issued recently, comes after another order by the court, on May 6 this year, which banned sand and silica mining along a five-kilometre stretch of the Aravallis, from the Delhi border into Gurgaon.
    “We prohibit and ban all mining activity in the entire Aravalli hills. The ban is not limited to hills encircling Kote and Alampur villages but extends to the entire hill range of Aravalli from Haryana to Rajasthan,” the order stated.
    Central to the Supreme Court order is the argument that the Aravallis fall under the category of `forest land'. This category was defined by the Supreme Court, on December 12, 1996, as land that is notified as forest under the Indian Forest Act. And, land that has the characteristics of a forest irrespective of ownership. Also included in this category is land where there once was a forest. As per the order, any diversion for `non-forest purposes' (such as mining) would require prior approval from the central government.
    “The entire Aravalli range is a forest area, whether protected or not, hence for now all mining activity has to stop...A blanket ban is necessary to shake them up,” Harish Salve, amicus curiae in the case, told members of the press.
    There was some initial confusion as to whether the ban would apply to the entire range. This has since been clarified: barring the one in Dholpur, every single mine in the range will be closed.
    The chief secretaries of Haryana and Rajasthan have been directed to ensure that mining does not continue in the Aravalli hills, especially in areas that are regarded as forest areas or areas protected under the Environment (Protection) Act.
    The order is yet to reach the respective states, but a major outcry is expected, as most mines in the 250 km stretch starting from Delhi will be affected.
    The Supreme Court's `blanket ban' comes in the face of strong opposition by several influential mine-owners, including some Haryana politicians, and the Chautala government itself that has been claiming that a ban on mining is neither good environment policy nor good economics.
    However, the court's message is clear. While the order banning mining along the Delhi-Gurgaon stretch was based on the argument that water table levels were being affected, this time the court has taken note of the threat to the very existence of the Aravallis.
    All along the range, from New Delhi to Mount Abu, deep pits scar the mountain face as stones -- used mainly in construction -- are mined on a daily basis.
    The Central Empowered Committee, the panel of experts set up by the Supreme Court to offer expert advice on forest-related cases, visited the area and reported on the invaluable role of the Aravallis in the region's ecology.
    “The shocking aspect of the mining is that it is destroying the forest which has been re-created by plantations done under the Aravalli greening programme,” says the report. “As a result, the good work done by the Haryana forest department (to green) these hills is being undone by the mining activity.”
    The report goes on to state that illegal mining activity was being carried out in a dangerous manner, with complete disregard for the accepted safety norms. “Repeated complaints made against the illegal mining, which is hazardous to people living close to the hills, has evoked no response from the police, forest and revenue officials.” According to members of the Central Empowered Committee, the survey showed that most mine-owners obtain approval for a certain stretch and then mine indiscriminately. The remote terrain and lack of records makes monitoring difficult for the respective government agencies.
    Source: The Indian Express, November 21, 2002

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