-Ramphal Kataria
Old
Mountains, New Laws: Judicial Reasoning and the Ecological Fate of the
Aravallis
Abstract
The Aravalli
Range, one of the oldest surviving mountain systems in the world, plays a
foundational role in the ecological, hydrological, and climatic stability of
north-western India. Despite early judicial recognition of its importance, the
range has been steadily degraded through mining, urban expansion, and
administrative reclassification. This article examines the geological origins
and ecological functions of the Aravallis, situates them within India’s
civilizational history, and critically analyses the role of successive
governments and judicial institutions in enabling their fragmentation. Focusing
on the Supreme Court’s 2025 height-based definition of the Aravallis and its
subsequent stay, the article argues that the destruction of the range reflects
a deeper failure of environmental governance rooted in extractive political
economy and technocratic legal reasoning divorced from ecological science.
1.
Introduction
The relationship between
natural resources and state power has long shaped the trajectory of
civilizations. In contemporary India, this relationship has acquired renewed
urgency as ecological systems are increasingly subordinated to extractive
development models. The Aravalli Range—among the world’s oldest mountain
systems—provides a critical lens through which to examine this contradiction.
Stretching across Delhi,
Haryana, Rajasthan, and Gujarat, the Aravallis function as a climatic barrier,
groundwater recharge zone, and biodiversity corridor sustaining a vast
population. Yet, despite repeated judicial interventions and scientific warnings,
the range has been progressively dismantled through mining, real estate
expansion, and administrative erasure. This article argues that the degradation
of the Aravallis is not an accidental by-product of development but the outcome
of sustained institutional failure, where state policy, market interests, and
judicial ambivalence converge.
2.
Geological Genesis and Physical Character
The Aravalli Range
originated during the Proterozoic Eon (approximately 1.8–2.5 billion years ago)
through the Aravalli–Delhi Orogeny, when ancient continental blocks—the Marwar
and Bundelkhand cratons—collided.¹ Once towering fold mountains, they have been
reduced by prolonged erosion to residual ranges, with Guru Shikhar (1,722 m) on
Mount Abu as the highest surviving peak.
The range is composed
primarily of metamorphic and igneous rocks—gneiss, quartzite, schist, granite,
and marble—formed under extreme pressure and temperature. The Malani Igneous
Suite, among the largest volcanic provinces globally, underscores the geological
uniqueness of the region and has been designated a National Geological
Monument.²
Unlike the Himalayas,
which continue to rise due to active tectonics, the Aravallis are tectonically
stable. Their significance therefore lies not in elevation but in continuity,
permeability, and hydrological function—characteristics that render them particularly
vulnerable to fragmentation-based legal definitions.
3.
Geographical and Ecological Significance
Extending roughly 670–800
km in a northeast–southwest direction, the Aravallis form a natural divide
between the Thar Desert and the Indo-Gangetic plains. Their ecological
functions are multiple and interdependent.
First, the range acts as
a barrier against desertification by reducing wind velocity and preventing the
eastward movement of sand from the Thar Desert.³ Second, it constitutes a major
groundwater recharge zone, particularly for the Delhi-NCR region, with recharge
rates estimated at up to two million litres per hectare annually.⁴ Third,
several rivers—including the Luni, Banas, Sahibi, and Sabarmati—originate in
the Aravallis, linking the range directly to downstream water security.
The Aravallis also
support dry deciduous forests, scrublands, wetlands, and grasslands that
function as wildlife corridors for species such as leopards, hyenas, jackals,
and sloth bears. Studies by the Wildlife Institute of India (WII) establish a
clear correlation between degradation of the range and increased dust storms,
declining air quality, groundwater depletion, and rising human–wildlife
conflict in adjoining regions.⁵
4.
Civilizational and Historical Context
Archaeological evidence
situates the Aravallis at the centre of early metallurgical and settlement
activity in the subcontinent. Copper mining in the region dates back to at
least the fourth millennium BCE, supplying metal to Indus Valley sites such as
Kalibangan, Kunal, and Ahar.⁶ Excavations in Tosham and Khanak (Haryana) have
revealed furnaces, slag, crucibles, and semi-precious bead industries,
indicating advanced metallurgical practices and organised resource extraction.⁷
Historically, the rugged
terrain of the Aravallis enabled the construction of strategic fortifications
such as Chittorgarh and Kumbhalgarh, while sites like Pushkar and Mount Abu
reflect the range’s enduring spiritual significance. The mountains thus represent
a long-standing interface between ecology, economy, and culture—an interface
increasingly destabilised in the contemporary period.
5.
Mining, Encroachment and Administrative Dilution
Despite early recognition
of their importance, the Aravallis have been subjected to sustained
exploitation. Mining for limestone, marble, granite, and metals expanded
rapidly during both colonial and post-colonial periods. Although the Ministry
of Environment and Forests issued restrictions under the Environment
(Protection) Act, 1986—most notably the 1992 notification limiting mining in
Haryana—implementation has remained inconsistent.⁸
Judicial interventions by
the Supreme Court in 2003, 2004, and 2009 reaffirmed mining bans and invoked
the precautionary principle.⁹ However, these orders were systematically
undermined through administrative practices such as non-notification of forest land,
manipulation of revenue records, and selective enforcement. In Haryana, large
sections of the Aravallis remain legally unclassified, rendering them
vulnerable to real estate expansion and industrial use.
A 2018 assessment
documented the complete disappearance of 31 hills in Rajasthan due to illegal
quarrying, highlighting the irreversible nature of the damage already
inflicted.¹⁰ The persistence of such destruction despite judicial prohibitions
points to a governance failure rather than regulatory absence.
6.
Judicial Redefinition and the 100-Metre Controversy
In November 2025, the
Supreme Court adopted a height-based definition of the Aravalli Hills as
landforms rising at least 100 metres above local relief. Environmental groups
and geologists argued that this criterion ignored geological continuity and
ecological function, potentially stripping legal protection from nearly 90% of
the range due to its ancient, eroded character.¹¹
Following widespread
public opposition, the Court stayed its own order in December 2025, constituted
a high-powered expert committee, and imposed a freeze on new mining leases
pending the preparation of a Management Plan for Sustainable Mining (MPSM).¹² As
of January 2026, the ban remains in force.
This episode exposes a
recurring tension in Indian environmental jurisprudence: reliance on
technocratic and reductionist definitions that prioritise administrative
clarity over ecological science, often necessitating corrective intervention
after substantial damage has already occurred.
7.
Ecological and Social Consequences
The degradation of the
Aravallis has produced cascading ecological and social impacts. Groundwater
levels in mining-intensive zones have declined by 10–15 metres, exacerbating
water scarcity across Haryana and Rajasthan.¹³ Loss of vegetative cover has intensified
dust storms and worsened air quality in Delhi-NCR, contributing to respiratory
illnesses, including silicosis, among mining-affected communities.¹⁴
Habitat fragmentation
threatens biodiversity and disrupts wildlife corridors, while unchecked
urbanisation heightens human–wildlife conflict. These outcomes collectively
undermine the ecological resilience of north-western India and increase
vulnerability to climate extremes.
8. Conclusion
The dismantling of the
Aravalli Range reflects not a failure of scientific knowledge but a failure of
governance. Successive governments have prioritised extractive growth and
short-term revenue over ecological sustainability, while judicial interventions
have remained episodic and largely reactive. Height-based legal classifications
and fragmented enforcement mechanisms have enabled the systematic erosion of
one of India’s most critical ecological systems.
Effective protection of
the Aravallis requires a shift from reductionist definitions to landscape-level
ecological governance, the establishment of a statutory conservation authority,
and accountability for past violations. The fate of the Aravallis ultimately
raises a broader question: whether India’s development trajectory can reconcile
economic growth with the preservation of the ecological foundations upon which
that growth depends.
References
1. Valdiya,
K S (2016): The Making of India: Geodynamic Evolution, Springer.
2. Geological
Survey of India (2019): “National Geological Monuments of India.”
3. Central
Arid Zone Research Institute (2018): Desertification and Wind Erosion in
North-West India.
4. Central
Ground Water Board (2020): Groundwater Recharge Assessment for NCR.
5. Wildlife
Institute of India (2018): Impact of Land-Use Change in the Aravalli Landscape.
6. Possehl,
G L (2002): The Indus Civilization, AltaMira Press.
7. Singh,
R N et al (2017): “Copper Mining and Metallurgy in the Tosham Hills,” Indian
Archaeology Review.
8. Ministry
of Environment and Forests (1992): Notification under Environment (Protection)
Act, 1986.
9. M
C Mehta v Union of India, Supreme Court Orders (2003, 2004, 2009).
10. Centre
for Science and Environment (2018): Rajasthan’s Vanishing Hills.
11. Supreme
Court of India (2025): Order dated November 2025 on Aravalli definition.
12. Supreme
Court of India (2025): Order dated December 2025 staying earlier definition.
13. Central
Ground Water Board (2021): Groundwater Depletion in Mining Regions.
14. National
Institute of Occupational Health (2019): Silicosis among Mine Workers in North
India.
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