Aravalli Legal Issue: Environmental Protection vs Development

Aravalli Legal Issue: Environmental Protection vs Development

The Aravalli range, one of the world’s oldest mountain systems, stretches across Gujarat, Rajasthan, Haryana, and Delhi. It plays a crucial ecological role by preventing desertification, regulating climate, recharging groundwater, and maintaining biodiversity in north-western India. Despite this significance, the Aravallis have been subjected to extensive mining, deforestation, and real-estate expansion, leading to major legal and constitutional concerns.

Core Legal Issues

The primary legal issue revolves around illegal mining and land-use change in the Aravalli region, particularly in Haryana and Rajasthan. Mining of quartzite, marble, and other minerals has caused severe environmental degradation, including loss of forest cover, depletion of groundwater, and air pollution affecting Delhi-NCR.

A key controversy emerged due to ambiguity in the definition of “forest”. Many Aravalli areas are recorded as “gair mumkin pahad” or revenue land rather than notified forests, allowing states to bypass forest protection laws such as the Forest (Conservation) Act, 1980.

Judicial Intervention

The Supreme Court of India has played a central role in protecting the Aravallis through its expansive interpretation of Article 21 (Right to Life), which includes the right to a clean and healthy environment. In landmark cases like M.C. Mehta v. Union of India, the Court imposed bans on mining in ecologically sensitive zones and directed states to implement environmental safeguards.

The National Green Tribunal (NGT) has further strengthened protection by:

• Banning mining in notified Aravalli areas

• Ordering restoration of degraded land

• Penalizing authorities for permitting illegal activities

However, enforcement remains weak due to administrative laxity and conflicting state policies.

Constitutional and Policy Dimensions

The issue engages Article 48A (State’s duty to protect environment) and Article 51A(g) (citizens’ duty to safeguard nature). Recent attempts by state governments to dilute Aravalli notifications for “development” purposes have raised concerns over prioritizing economic growth over ecological sustainability.

Conclusion

The Aravalli legal issue highlights the tension between development and environmental protection. While courts have taken a proactive stance, long-term conservation requires clear legal definitions, strict enforcement, scientific land-use planning, and political will. Protecting the Aravallis is not merely an environmental necessity but a constitutional and intergenerational obligation.