SC keeps in abeyance its Nov 20 directions accepting uniform definition of Aravalli hills and ranges

New Delhi: The Supreme Court on Monday stayed the operation of its earlier November 20 verdict, delivered by then CJI B R Gavai, which had restricted the definition of the Aravalli range to landforms rising at least 100 metres above the local terrain. 

"We direct that recommendations of the (previous) committee and findings of the Supreme Court shall remain in abeyance. The case to be taken up on January 21, 2026," a three-judge bench led by Chief Justice of India Surya Kant said.

The court passed the order after taking suo motu cognisance of the issue, following demands to review the previous order.

The bench, also comprising Justices J K Maheshwari and Augustine George Masih, said, it wanted to revisit the contentious issue surrounding the identification and protection of the Aravalli range.

The court noted its judgment has invited a spate of applications and and petitions, challenging the findings of the committee and the subsequent approval accorded, while also seeking clarification on certain directions stipulated in the judgment. 

"While we have no scientific reasons justifying any ex-facie acceptance of the same, nor any cogent evidence or expert testimony to substantiate these individual contentions, nevertheless, it seems prima facie that both the committee's report and the judgment of this court have omitted to expressly clarify certain critical issues,'' the bench said.

The court also felt, there is a dire need to further probe and clarify to prevent any regulatory gaps that might undermine the ecological integrity of the Aravalli region.

It proposed the constitution of a high-powered expert committee -- including domain specialists -- to comprehensively re-examine questions relating to the height, extent, and ecological significance of the Aravallis.

"A fair, impartial, independent expert opinion must be obtained and considered, after associating all requisite stakeholders," the bench said.

Issuing notice to the Centre, the States concerned, and the amicus curiae, the bench opined that there was a need to examine whether the restrictive demarcation approved last month would broaden the scope of areas where activities like mining can be permitted. 

Solicitor General Tushar Mehta, appearing for the Centre, submitted that there were a lot of misconceptions regarding orders, the government's role, etc. 

"An expert committee was constituted and a report was given which the court accepted," Mehta said.

On this, the bench said that the recommendations of the expert committee made in its report on October 3, 2025 and any consequent findings of the Supreme Court would remain in abeyance until further orders.

"In the interim, to subserve the ends of complete justice and in the broader public interest, we deem it necessary to direct that the recommendations submitted by the committee, together with the findings and directions stipulated by this Court in its judgment, be kept in abeyance," the bench said. 

The court clarified, this stay would remain in effect until the present proceedings reach a state of logical finality, ensuring that no irreversible administrative or ecological actions are taken based on the current framework.

The court said that a committee of experts will be constituted to study the environmental impact and assessment of the recommendations made by an earlier committee, which was mostly comprised of bureaucrats.

"We further find it necessary, as a matter of abundant caution, to direct unequivocally, as set out in the order dated 09.05.2024, that until further orders, no permission shall be granted for mining, whether it is for new mining leases or renewal of old mining leases, in the ‘Aravalli Hills and Ranges’ as defined in the FSI Report dated 25.08.2010 without prior permission from this court,'' the bench said.   

The previous judgment accepted a ban on mining in core or inviolate areas, while restricting the mining activities as outlined by the committee and strictly law being followed to do so.

After serious apprehension that the recent change in the definition of Aravalli may lead to unregulated and illegal mining, the court has on Saturday took suo motu cognisance of the matter.

Environmentalists, civil society members and others expressed their apprehensions that the revised definition of the Aravalli hills may cause illegal mining and impact groundwater level among others.

In its earlier judgment, the court had accepted the Ministry of Environment, Forest and Climate Change (MoEF&CC) committee's recommended operational definition for the Aravali Hills and Ranges in the context of mining.

The court had also emphasised that uncontrolled mining here poses a “great threat to the ecology of the nation” and directed uniform criteria to safeguard them.

Aravalli Hills are among India’s oldest geological formations, stretching from Delhi through Haryana, Rajasthan, and into Gujarat. Historically, they have been recognized across 37 districts by state governments, with their ecological role noted as a natural barrier against northern desertification and a protector of biodiversity and water recharge.