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An areial view of the Aravalli hill.
SC imposes ban on mining in Aravalli hill
Fri-May 08, 2009
New Delhi / Press Trust of India
The Supreme Court today imposed a total ban on mining activities in eco-sensitive Aravalli ranges in Haryana, saying the degradation caused to the environment has become "irreversible" and "extraordinary situation demands extraordinary remedies".
"Extraordinary situation demands extraordinary remedies. In the circumstances, we are of the view that the mining operations should be immediately suspended in the area," the Bench, also comprising Justices Arijit Pasayat and S H Kapadia, said.
The apex court, which had earlier banned the mining activities within a five km radius from national capital, said "none of the provisions" of the law concerning environment and mining was complied in the region warranting "extraordinary remedy" as the situation has "worsened".
"In the circumstance, by the present order we hereby suspend all mining operations in the Aravalli hill range falling in the state of Haryana within the area of approximately 448 sq kms in the districts of Faridabad and Gurgaon including Mewat till reclamation duly certified by Haryana, Ministry of Environment and Forest and CEC is prepared in accordance with the statutory provisions," a three-judge special Forest Bench said.
Holding that the mining operations have been carried out on a disproportionate scale in the Aravalli Hill, the Bench headed by Chief Justice K G Balakrishnan said "the satellite images indicate the devastation caused to the area by the extensive mining operations."
Justice Kapadia, writing for the Bench, said "time has come to suspend all mining in the area on the sustainable development principle which is part of Article 21, 48A and 51A(g) of the Constitution".
"Mining within the principle of sustainable development comes within the concept of balancing whereas mining beyond the principle of sustainable development comes within the concept of banning. It's a matter of degree.
“Balancing of mining activity with environment protection and banning such activity are two sides of the same principle," the court said.
The Bench said that over the years, the apex court tried to balance mining operations vis-a-vis environmental protection.
Even after noticing non-compliance of the rules as far back as 2004, this court after sounding warning to the existing mines to comply with the rules did not suggest a complete ban on the principles of sustainable development.
"However, the position did not improve. The position worsened," it observed adding it led the court to take a macro view of the matter.
Referring to its earlier direction, the Bench said "this court specifically suggested that if degradation of environment continues and reaches a stage of no-return, this court may consider closure of mining activity".
"Extraordinary situation demands extraordinary remedies. In the circumstances, we are of the view that the mining operations should be immediately suspended in the area," the Bench, also comprising Justices Arijit Pasayat and S H Kapadia, said.
The apex court, which had earlier banned the mining activities within a five km radius from national capital, said "none of the provisions" of the law concerning environment and mining was complied in the region warranting "extraordinary remedy" as the situation has "worsened".
"In the circumstance, by the present order we hereby suspend all mining operations in the Aravalli hill range falling in the state of Haryana within the area of approximately 448 sq kms in the districts of Faridabad and Gurgaon including Mewat till reclamation duly certified by Haryana, Ministry of Environment and Forest and CEC is prepared in accordance with the statutory provisions," a three-judge special Forest Bench said.
Holding that the mining operations have been carried out on a disproportionate scale in the Aravalli Hill, the Bench headed by Chief Justice K G Balakrishnan said "the satellite images indicate the devastation caused to the area by the extensive mining operations."
Justice Kapadia, writing for the Bench, said "time has come to suspend all mining in the area on the sustainable development principle which is part of Article 21, 48A and 51A(g) of the Constitution".
"Mining within the principle of sustainable development comes within the concept of balancing whereas mining beyond the principle of sustainable development comes within the concept of banning. It's a matter of degree.
“Balancing of mining activity with environment protection and banning such activity are two sides of the same principle," the court said.
The Bench said that over the years, the apex court tried to balance mining operations vis-a-vis environmental protection.
Even after noticing non-compliance of the rules as far back as 2004, this court after sounding warning to the existing mines to comply with the rules did not suggest a complete ban on the principles of sustainable development.
"However, the position did not improve. The position worsened," it observed adding it led the court to take a macro view of the matter.
Referring to its earlier direction, the Bench said "this court specifically suggested that if degradation of environment continues and reaches a stage of no-return, this court may consider closure of mining activity".
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