Editorial 2 : The Aravalli Verdict
Context
Recently, the SC accepted a new definition of Aravalli hills—considering only landforms above 100 metres in elevation—which has sparked controversy among environmentalists, scientists, and local communities.
Introduction
The Aravalli mountain range, one of India’s oldest geological formations, spans over 650 km across Rajasthan, Haryana, Gujarat, and Delhi. It plays a crucial role in ecological stability, groundwater recharge, biodiversity conservation, and as a natural barrier against desertification. Over decades, the Supreme Court (SC) has repeatedly intervened to prevent illegal quarrying and encroachments in this ecologically sensitive region.
Issues Highlighted in the Verdict
- Exclusion of Majority of Hills
- According to the Forest Survey of India (FSI), the 100-metre criterion excludes 91.3% of 12,081 surveyed hills above 20 metres.
- If all 1,18,575 Aravalli hills are considered, over 99% would not meet the new definition, effectively reducing the range to a few scattered hills.
- Environmental Implications
- Historical SC rulings have emphasized that Aravallis prevent the Thar Desert from encroaching into the Indo-Gangetic plains.
- The hills act as green lungs for the Delhi-NCR region, mitigating air pollution and supporting local climate regulation.
- Reduction in their protected area could accelerate desertification, biodiversity loss, groundwater depletion, and ecological imbalance.
- Contradiction with Expert Opinions
- The SC’s own amicus curiae and the Central Empowered Committee (CEC) raised red flags about the new definition.
- Scientific studies (e.g., CEC 2018 survey) indicate that Aravallis have already lost a quarter of their hills, making further exclusion particularly harmful.
Broader Legal and Policy Context
- Polluter Pays Principle
- Landmark rulings such as the MC Mehta v. Union of India (1996) case emphasized strict accountability for environmental degradation.
- Recent rulings reaffirm citizens’ right to a healthy environment under Article 21 of the Constitution.
- Policy Implications
- Limiting the range could weaken enforcement of environmental norms under the Environment Protection Act, 1986, and Forest Conservation Act, 1980.
- It may encourage illegal mining and urban encroachment, undermining the SC’s past environmental jurisprudence.
Way Forward
- Judicial Review and Scientific Backing
- The SC should reconsider the 100-metre criterion in light of scientific evidence and environmental impact assessments.
- A comprehensive, ecologically sound definition of Aravalli hills is needed to ensure their protection.
- Integrated Conservation Approach
- Strengthen community-based conservation and monitoring mechanisms.
- Promote afforestation and groundwater recharge projects along the Aravalli stretch.
- Coordinate urban planning in NCR and Rajasthan to prevent further ecological degradation.
Conclusion
The Aravalli mountain range is a critical ecological and hydrological asset for India, supporting biodiversity, groundwater recharge, and climate stability. The Supreme Court’s acceptance of the 100-metre criterion risks undermining decades of environmental jurisprudence and could accelerate desertification, pollution, and ecological imbalance. A scientifically grounded, holistic definition of the Aravallis is essential, coupled with strict enforcement of environmental norms, to safeguard India’s oldest mountain range for current and future generations. This case underscores the interplay of law, science, and policy in environmental governance, highlighting the need for judicial vigilance and evidence-based decision-making in protecting ecologically sensitive regions.