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SC’s new Aravalli definition opens loopholes for mining, takes away vast areas of protection: Legal experts

Ankita Jain, 22/12/202522/12/2025

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The Supreme Court’s acceptance of a new definition for the Aravalli Hills has opened up significant loopholes that could allow mining and commercial activity across large swathes of the fragile mountain range, senior legal experts told CNBC-TV18, warning that the order risks stripping vast areas of long-standing ecological protection.

Environmental activists and opposition parties in the four states have been protesting since the Supreme Court on November 20 accepted the recommendations of a central government committee that redefined what qualifies as the Aravalli hills. Under the new framework, only landforms rising 100 m or more from the local relief are considered as Aravalli hills, while the Aravalli range is defined as a group of two or more such hills within 500 m of each other.

Senior advocate Dushyant Dave described the decision as extremely disturbing and argued that the definition fundamentally misunderstands the nature of the mountain range and undermines existing protection measures. “The Supreme Court order is a sugar-coated pill and sadly, it is a bitter pill to swallow,” Dave said. “It has opened up new avenues for the degradation of the Aravalis, for the destruction of the Aravalis, because once you accept this definition, it cannot be let go.”

The committee that proposed the definition was led by the Environment Ministry and included representatives from Gujarat, Haryana, Rajasthan and Delhi as well as the Geological Survey of India and the Forest Survey of India. Critics say the previous definition, presented by the Forest Survey of India in 2010 and accepted by the Supreme Court at the time, was broader and better reflected the contiguous slopes, foothills and buffers that make up the Aravalli system.

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Dave said this change would expose large areas to commercial exploitation. “If you are going to say that you will only consider it part of the Aravalis if it is 100 meters or more, then most of the areas protected today will open up for all kinds of commercial business and other activities including mining,” he said, adding that the Aravalis are rich in minerals and have long attracted commercial interest.

Environmental groups argue that the impacts could be severe. According to some activists, only 8.7% of the existing Aravalli landforms would qualify for conservation under the new definition, while experts estimate that about 90% of the area in Rajasthan could be vulnerable. Large parts of the Aravali in four states could effectively fall outside regulatory oversight, increasing the risk of ecological damage and desertification in a region that plays a vital role in groundwater recharge and climate moderation.

The government has tried to reduce these concerns. Union Environment Minister Bhupendra Yadav has said that the decision does not provide any exemption for mining and it is wrong to conclude that mining is allowed in all landforms below 100 metres. He has also pointed out that the Supreme Court has put an interim stay on new mining leases and mining is completely banned in the Aravali hill region of Delhi, there is no change in the reserved and protected forests. According to the government, mining is permitted in less than 2% of the 1.47 lakh square kilometer area of ​​the Aravalli Hills.

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However, Dave said that these clarifications should be placed before the court and not merely reported through the media. He also pointed to the contradiction in the government’s stance, noting that earlier this year the minister had approved the Aravalli Landscape Restoration Plan, acknowledging that the range is under severe ecological stress. “If that’s so, then what’s the need for this avoidable controversy?” Dave asked. “You have to err on the safe side.”

Lawyer Varun Chopra said confusion during the hearing played an important role in accepting the new definition. He said the court-appointed amicus curiae had warned that the 100-metre limit would significantly reduce the protected area, but the government argued otherwise. “Any sensible person can understand that a height limit of 100 meters will exclude large areas, not include them,” Chopra said. “Despite this, the court accepted the committee’s report, which, in my opinion, is harsh on the entire Aravalli hills and ranges.”

Chopra also questioned why the focus of official assurances was mainly on Delhi. “The Aravalli hills are not only in Delhi; they are also in Rajasthan, Haryana and Gujarat,” he said, adding that the decision allows existing mining leases in those states to continue, leaving large areas at risk of further degradation.

Read this also Aravali remains completely safe; This move only targets illegal mining: Bhupendra Yadav

Legal experts warn that the moratorium on new licenses provides limited relief. Under the decision, a mining management plan will identify permissible areas based on the new definition. “Once those areas are identified using the new definition, anything below 100 meters will become susceptible to mining,” Chopra said. “That’s the real threat. That’s the loophole that mining interests will exploit.”

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Both lawyers said there is still scope for judicial review and the government should clearly place on record its assurance before the Supreme Court to ensure that one of India’s oldest and most ecologically important mountain ranges remains protected under law.

Watch the attached video for the full conversation.

India News Aravali Environment ProtectionAravali Hills legal challengeAravali Hills Supreme CourtAravali Mining Drawbacksaravalli mining disputeban on aravalli hill miningDushyant Davesupreme court aravali definitionVarun Chopra

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