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“I. RECOMMENDATIONS
i) Mapping of the entire Aravalli Hill Range should be undertaken and completed within a period of six months by the Forest Survey of India, as per the norms followed for the State of Rajasthan. The National CAMPA may be directed to release funds required for the mapping purpose. All the mapped areas should be geo-tagged.
ii) Macro-level EIA study of all mining affected districts of Rajasthan falling in Aravalli Hill Ranges should be done by ICFRE and/or any other competent national level central government institution as was done in case of Karnataka in compliance of the orders of this Hon'ble Court in WP(C) 562/2009 dated 05.08.2011. The level of mineral extraction should also be analysed along with EIA study, on the basis of local requirement of minerals, available infrastructure and environmental concerns. This study can be completed in six months period. The funds can be made available by MoEFCC from the National CAMPA. Till this exercise is completed no new mining leases or renewals of old mining leases should be allowed in the Aravalli Hill Ranges.
2. Accordingly, a Special Bench consisting of the two of us has been constituted under the orders of the Hon’ble the Chief Justice of India.
3. There are certain issues with regard to illegal mining as well as mining under the permissions granted by the States in Aravalli Hills/Ranges.

One of the major issues is with regard to the different definitions of “Aravalli Hills/Ranges”, as adopted by different States. The learned Amicus Curiae states that insofar as the State of Haryana is concerned, there is not even a definition of Aravalli hills and ranges.

12. According to our experience and as has been pointed out by this Court, in the judgment of this Court dated 10.11.2021 passed in C.A. No.3661- 3662/2020, a total ban on mining is not conducive even to the interest of the environment, inasmuch as it gives scope for illegal mining.

13. In that view of the matter, to balance the competing interest, we find that the following direction would subserve the purpose:-

“Until further orders, though all the States in which Aravalli Ranges and Hills are situated would be at liberty to consider and process the applications for grant of mining leases and also for renewal thereof including obtaining statutory clearances from the various authorities, no final permission shall be granted for mining in the Aravalli Hills/Ranges, as defined in the FSI Report dated 25.08.2010, without permission from this Court.”

38. It will be relevant to refer to paragraphs 7.3 and 7.4 of the report of the Committee, which read thus:

“7.3 Regulation of Mining in Aravali Hills and Ranges 7.3.1 The Committee recommends that to ensure sustainable mining in the Aravalli Hills and ranges, no new mining lease, except in case of critical, strategic and atomic minerals (Atomic minerals notified in part B and Critical and Strategic minerals notified in Part D of the First Schedule of the MMDR Act) and minerals listed in the Seventh Schedule of the MMDR Act 1957 may be granted in Aravalli Hills and Ranges as marked in the SOI Toposheets as per the procedure described above 7.3.2 Regulation of operation of existing mines in Aruvalli Hills and Ranges: The Committee recommends that in case of ongoing mining leases falling within in the area of Aravalli Hills and Ranges as defined above, as well as for the renewal of such mining leases, a team of experts comprising officers of State Forest Department, Mining and Geology Department, Local Administration and State Pollution Control Board (SPCB) and such domain experts as may be required, shall visit the concerned mine to take stock of the compliance of EC/CTO conditions and environmental safeguards followed by the Mines for conservation of Aravalli Hills/Ranges and prescribe necessary environmental safeguards as deemed appropriate. The additional environmental safeguard, as proposed by the Committee, may be made a part of CTO conditions and compliance thereof may be monitored by the concerned SPCB.