New Delhi, October 8
The Supreme Court today granted conditional permission for resumption of mining of minor minerals in the Aravalli region of Faridabad and Palwal after the Haryana government gave an undertaking for termination of all existing mining leases.

The mining will, however, be restricted to 600 hectares and start only after the state puts in place “transparent guidelines and procedures” for auction of mines and begins reclamation and rehabilitation work in the areas already devastated by excavation of minor and major minerals.

Passing the order, the apex court’s Forest Bench, headed by Chief Justice KG Balakrishnan, made it clear that it had agreed for the resumption mainly to meet the requirements of the construction sector that played a crucial role in economic development.

The court would consider allowing mining in 1,500 hectares in Gurgaon and Mewat, depending on the experience in the Faridabad and Palwal areas, the Bench clarified after the daylong hearing.

Solicitor General Gopal Subramanium, appearing for Haryana, said the state would take three months for notifying the auction guidelines, setting up an Aravalli Rehabilitation Fund and a monitoring committee and six months for preparing and initiating a reclamation and rehabilitation plan.

Acknowledging that the state was seeking a longer time frame, Subramanium said this was due to the ongoing Assembly polls.

Mine operators, who already have mining leases, objected to the move for abrupt termination of their rights, but the Bench, which included Justices SH Kapadia and Aftab Alam, said the lease deeds were nothing but licenses and there was legal provision for cancelling these.

Mining in Faridabad and Palwal will also be subject to all statutory clearances, including environmental, and approval under the Forest (Conservation) Act, 1980. The state would deposit 10 per cent of the auction money in the Aravali Rehabilitation Fund and another 10 per cent in a joint account held by the Mines Department and the successful bidders.

There is also another rider: The apex court will consider closure of the mines if the implementation of environmental safeguards is not satisfactory.

The state informed the court that it would undertake a survey to identify the 600 hectares where mining would be allowed. This was likely to be spread over several locations in order to avoid traffic jams by trucks carrying construction material. The existing leases were being terminated essentially to facilitate the survey. However, there was no guarantee that affected mine operators would automatically get sites as fresh licenses would be issued to the highest bidders in the auction.

The Bench said the Haryana Chief Secretary would be responsible for ensuring “strict compliance of the order in letter and spirit,” while the court-appointed Central Empowered Committee (CEC) would submit action taken reports every quarter. The case, arising from PILs filed by MC Mehta and others, would come up for hearing again on December 11.

On May 8 this year, the court had “suspended all mining operations in the Aravalli Hill Range” in Faridabad and Gurgaon districts, including Mewat, till a “Reclamation Plan” approved by the state, the Ministry of Environment and Forests and the Central Empowered Committee (CEC) was put in place.

“The satellite images indicate the devastation caused to the area by the extensive mining operations.

Extraordinary situation demands extraordinary remedies. In the circumstances, we are of the view that mining operations should be immediately suspended in the above area," the Forest Bench had observed.