The Supreme Court of India has stayed its own November 2023 judgment concerning land use regulations in the Aravalli hills region. This interim order comes in response to petitions filed by the Haryana and Rajasthan governments, seeking a review of the earlier directive.
The November judgment had stipulated that all non-forest activities on Aravalli land in Haryana, spanning approximately 38,241 acres, were illegal. This included construction projects and other forms of land alteration. The court had directed the state government to impose a fine of ₹2 crore per hectare on those who had illegally exploited the land.
The Haryana government, in its petition, argued that the judgment failed to consider the existing structures and settlements on the land, potentially displacing a large number of residents and disrupting established infrastructure. They contended that the blanket ban on non-forest activities was impractical and would cause significant hardship.
Rajasthan echoed similar concerns, highlighting the potential impact on its own Aravalli region and the need for a more nuanced approach to land use regulations. Both states requested the court to clarify the scope of the judgment and provide guidelines for future development in the ecologically sensitive Aravalli range.
Background of the Case
The original case stemmed from a Public Interest Litigation (PIL) filed by an environmental activist, M.C. Mehta, who raised concerns about the rampant illegal mining and construction activities in the Aravalli hills. Mehta argued that these activities were causing severe environmental degradation, including deforestation, soil erosion, and depletion of groundwater resources.
The Aravalli Range, a geological formation extending over 800 kilometers through Rajasthan, Haryana, Gujarat, and Delhi, is a vital ecological zone. It acts as a natural barrier against desertification and plays a crucial role in maintaining biodiversity. The Supreme Court’s initial judgment aimed to protect this fragile ecosystem.
The stay order indicates the court is willing to re-examine its position, taking into account the practical challenges raised by the state governments. A bench headed by Justice L. N. Rao issued the order, stating that a detailed hearing would be scheduled to address the concerns of both Haryana and Rajasthan.
Legal experts suggest the court may consider a more balanced approach, potentially allowing for regulated development in certain areas of the Aravalli hills while strictly prohibiting activities that pose a significant threat to the environment. The outcome of the upcoming hearing will have far-reaching implications for land use planning and environmental conservation in the region. The next date for hearing is yet to be announced, but is expected within the next few weeks. The court has asked for detailed reports from both states outlining the extent of construction and settlements on the Aravalli land.
This development provides a temporary reprieve to those affected by the November judgment, but the long-term fate of land use in the Aravalli hills remains uncertain. The Supreme Court’s final decision will likely set a precedent for similar cases involving ecologically sensitive areas across India.
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