Case Note & Summary
The dispute involved extensive mining activities in the Aravalli Hill Range, particularly in the Gurgaon and Mewat areas, which had led to significant environmental degradation. Approximately 1500 hectares of land were allocated for mining, primarily for major minerals, but the actual extraction involved mostly minor minerals, resulting in severe damage to the landscape. The Central Empowered Committee (C.E.C.) reported the devastation caused by mining, prompting the Supreme Court to suspend all mining operations in May 2009. The State of Haryana argued that a complete ban on mining would hinder construction and development, proposing to allocate 600 hectares in Faridabad for minor mineral extraction. However, the court found it unfeasible to allow mining based on previous licenses due to the lack of reclamation efforts by operators. The court directed that any future mining in Faridabad must follow strict guidelines, including the establishment of an Aravali Rehabilitation Fund and a Monitoring Committee. The State was tasked with preparing a Reclamation and Rehabilitation Plan, which must be approved by the court before any mining could commence. The C.E.C. was instructed to submit quarterly reports on mining activities and rehabilitation progress. The court also mandated that all statutory clearances, including environmental approvals, be obtained prior to any mining operations. The decision underscored the importance of environmental compliance and the responsibility of leaseholders for rehabilitation. The court disposed of all related applications and set a future date for construction matters.
Headnote
A) Environmental Law - Mining Operations - Conditions for Mining in Degraded Areas - Mineral Concession Rules, 1960, Rule 27 - Court emphasized the need for rehabilitation and reclamation of areas degraded by mining activities before allowing further operations. The State must adhere to guidelines and establish a monitoring committee to oversee compliance. Held that mining operations should only commence after approval of rehabilitation plans (Paras 5-6).
Issue of Consideration
Whether to allow mining operations in the Aravalli Hills and the conditions for such operations considering past damages and rehabilitation needs.
Final Decision
The court decided to allow mining operations in a designated area of 600 hectares in Faridabad only after the State prepares and submits a rehabilitation and reclamation plan, which must be approved by the court. The court mandated strict compliance with environmental regulations and the establishment of a monitoring committee to oversee the process.
Law Points
- Environmental protection
- mining regulations
- rehabilitation obligations
- statutory clearances
- mineral concession rules
