The Supreme Court in the case In Re: T.N. Godavarman Thirumulpad vs. Union Of India And Ors observed and has opined that if the State of Rajasthan believes that the mining activities in the Aravali Range pose a threat to the environment, the State can also prevent mining activities in the Aravalli Range.
The Division bench comprising of Justice B.R Gavai and Justice Sandeep Mehta in the case observed wherein the court was hearing the applications about the renewal and continuance of the mining operations.
The court in the case stated that if the State is of the view that the mining activities in the Aravali Range is also detrimental to the environmental interest, nothing stops the State Government from preventing mining activities in the Aravalli Range as well.
The court directed the State Government to consider these applications following the law.
The court in the case observed and has also perused a report of the Central Empowered Committee, which was constituted by the Court to monitor the issues related to environment.
Therefore, the said court found that the mining lease of the applicant(s) does not fall in the Aravali Hills and further that no illegal mining was found.
The court noted that that though the Forest Survey of India report endorses no illegal mining, thus, the report suggests that the areas fall within the Aravali Hill Range.
The issue raised before the court was whether the classification of Aravali Hills and Ranges regarding the mining permit needs to be continued, the Court requested the CEC to examine the same.
The court in its order stated that in so far as the mining activities in Aravali Hills and Ranges are concerned, the counsel, Mr. K. Parameshwaran, learned Amicus Curiae states that it will be in the larger public interest, if all these issues are being examined by the CEC and a comprehensive direction is issued by this Court in that regard.
The court finds the submissions of the learned Amicus Curiae reasonable and has requested the CEC to examine the issue as to whether the classification of Aravali Hills and Ranges in so far as permitting mining is concerned, needs to be continued or not. We also request the CEC to take on board the experts in Geology before finalizing its report. Thus, the same shall be done within a period of eight weeks.
The court in the case noted that the issues involved in Haryana and Rajasthan are common.
The court stated while taking into consideration that the applications with regard to the mining in the State of Haryana are placed before another Bench, thus, the court directed the Registrar to obtain an order and place the matter before the same bench.
The court is of the view that since the issues with regard to mining in the Aravali Hills and Ranges are common for both the States, it will be appropriate that the said matters are heard and decided by the Same Bench of this Court, so as to avoid any conflicting order(s).
Therefore, the court directed the Registrar (Judicial) to place the matter(s) before Hon’ble the Chief Justice of India to obtain appropriate order(s) and place the same before the Bench as directed by the Hon’ble the Chief Justice of India.
The court observed that the present application is tagged is a landmark case. This case was filed in 1995 by T.N. Godavarman Thirumulpad, also known as “the green man,” for his litigation efforts for conservation.
Therefore, he filed this writ petition to protect the Nilgiris forest land from deforestation by illegal timber operations.
The court while considering the facts and circumstances of the case issued detailed directions for the sustainable use of forests and created its own monitoring and implementation system through regional and state-level communities.
