Aravallis hills: Illegal mining is absolute crime, says SC

Aravallis hills: Illegal mining is absolute crime, says SC

NEW DELHI [Maha Media]: The Supreme Court on Wednesday said illegal mining is an absolute crime as it leads to irreversible losses and devastating consequences. The apex court said it will constitute an expert committee of domain experts, which will work directly under its monitoring and supervision, to undertake a holistic examination of mining and related issues in the Aravallis.

The matter came up for hearing before a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi. Additional Solicitor General Aishwarya Bhati and Additional Solicitor General K M Nataraj were present before the bench. Regarding the hills, senior advocate Raju Ramachandran contended before the bench that illegal mining is being carried out in scattered places, trees were cut, and it must be stopped.

The CJI said the court’s directions should be meticulously complied with, and there are some people who are incorrigibly involved in illegal mining, and the government should put its machinery to address this issue. Nataraj, representing the Rajasthan government, agreed with the CJI’s observation and assured to take all possible measures to ensure that no illegal mining takes place.

“Illegal mining can lead to irreversible losses, and the consequences will be devastating. Because in regulated mining, one can understand there is some regulator there, someone is observing,” said CJI, adding that illegal mining is an absolute crime and nobody should be allowed to commit it. Nataraj said if there is some particular incident, then the senior counsel may bring it to his notice.

The bench also asked advocates to refrain from filing fresh writ petitions in the matter and the court knows why these are being filed, and pointed out that it has already taken suo moto. Senior advocate Kapil Sibal said he has filed an intervention, going into the history of the Aravallis and the scientific aspect, and he wants to assist the court.

The CJI said, “In the light of what we have observed in the last order, we need to have a team, exclusively of experts from different walks of life, from the forest, we need to have domain experts sitting together under one umbrella. We would like all of you to suggest those names, so that an independent expert can be constituted, which will be directly under the monitoring and supervision of this court and undertake the exercise step-wise”.

Sibal said he appreciates the suggestion from the CJI. “Please have a preliminary hearing because it is our position in law that mountains cannot be defined. The Himalayas cannot be defined, and the Aravallis cannot be defined. Sub-tectonic strata which move from Gujarat right up to Uttar Pradesh. You start defining Aravalli, then you will arrive at a problem”, said Sibal.

The bench said it will give a hearing where either the amicus curiae in the matter, or the Centre has missed something, and some issue has gone unnoticed from the court's side.

The bench, in its order, said it has requested the ASG and the amicus to suggest the names of some eminent environmentalists, scientists, and forest experts who have special expertise in ensuring regulated mining. “So that an expert body can be constituted to examine all the aspects and assist this court. It goes without saying that such an expert committee will work under the direct control and supervision of this court”, said the apex court, adding that law must take its own course against those indulging in illegal mining activity.

The bench said the interim direction issued on December 29, 2025, shall continue to operate till further orders. The bench directed Bhati and amicus curiae K Parameshwar to suggest, within four weeks, the names of environmentalists and scientists who have expertise in mining. The apex court also extended its order, which kept in abeyance its November 20 directions that accepted a uniform definition of the Aravalli Hills and ranges.
 

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