Case Note & Summary
The Supreme Court of India, in its inherent jurisdiction under Article 32 of the Constitution, addressed the critical issue of defining 'Aravali Hills and Ranges' for the purpose of conservation and protection. The matter arose in the ongoing T.N. Godavarman Thirumulpad v. Union of India writ petition, which has been monitoring forest conservation across India. The Court noted that the Aravali Range, spanning Delhi, Haryana, Gujarat, and Rajasthan, is one of the oldest geological features on Earth, rich in wildlife, flora, and fauna, and acts as a 'green barrier' preventing the eastward spread of the Thar Desert. The Court observed that India is a signatory to the United Nations Convention to Combat Desertification (UNCCD), which requires adopting integrated approaches to address desertification and land degradation. The Central Empowered Committee (CEC) submitted a report (CEC Report No. 03 of 2024) recommending a scientific definition of Aravali Hills and Ranges based on geological and ecological criteria. The Court accepted this definition and directed the four States to implement the CEC recommendations, including prohibition of mining, construction, and other harmful activities in the defined areas. The Court also directed the States to prepare action plans for reforestation, biodiversity protection, and sustainable development. The judgment emphasizes the precautionary principle and the public trust doctrine, holding that the Aravali ecosystem must be preserved for future generations. The Court further directed the CEC to monitor compliance and submit periodic reports.
Headnote
A) Environmental Law - Definition of Aravali Hills and Ranges - Conservation - The Court considered the need for a uniform scientific definition of Aravali Hills and Ranges to ensure effective conservation across Delhi, Haryana, Gujarat, and Rajasthan. The Court adopted the definition based on geological and ecological criteria as recommended by the Central Empowered Committee (CEC) to prevent desertification and protect the ecosystem. (Paras 1-10) B) Environmental Law - Prevention of Desertification - UNCCD - India's obligations under the United Nations Convention to Combat Desertification (UNCCD) require strengthening laws and adopting integrated approaches to address desertification. The Court emphasized the role of the Aravali Range as a 'green barrier' against the eastward spread of the Thar Desert. (Paras 4-6) C) Environmental Law - Forest Conservation - Sustainable Development - The Court directed the States of Delhi, Haryana, Gujarat, and Rajasthan to implement the CEC recommendations for conservation of Aravali Hills, including prohibition of mining, construction, and other harmful activities, and to prepare action plans for reforestation and biodiversity protection. (Paras 11-15)
Issue of Consideration
What is the proper definition of 'Aravali Hills and Ranges' for the purpose of conservation and protection under environmental laws, and what measures are required to prevent desertification and land degradation in the Aravali region?
Final Decision
The Supreme Court accepted the CEC's definition of Aravali Hills and Ranges and directed the States of Delhi, Haryana, Gujarat, and Rajasthan to implement the CEC recommendations, including prohibition of mining, construction, and other harmful activities, and to prepare action plans for reforestation and biodiversity protection. The CEC was directed to monitor compliance and submit periodic reports.
Law Points
- Environmental Law
- Forest Conservation
- Definition of Aravali Hills
- Prevention of Desertification
- Sustainable Development
- Precautionary Principle
- Public Trust Doctrine
