SUPREME COURT’S SUO MOTO COGNIZANCE IN THE ARAVALLI CASE: A DEFINING MOMENT IN ENVIRONMENTAL JURISPRUDENCE

On December 29, 2025, the Supreme Court of India took the extraordinary step of staying its own November 20, 2025 judgment concerning the definition of the Aravalli Hills and Ranges. Acting suo moto, a three-judge vacation bench led by Chief Justice of India Surya Kant kept the earlier ruling in abeyance following widespread public protests and serious ecological concerns.

At stake is the future of the Aravalli mountain system, one of the world’s oldest geological formations, and India’s constitutional commitment to environmental protection.

LEGAL BACKGROUND: TWO FOUNDATIONAL CASES –

1. T.N. Godavarman Thirumulpad v. Union of India (1995)

This landmark forest conservation case laid the foundation for continuing mandamus, nationwide forest protection, and institutions like the Central Empowered Committee (CEC).

2. M.C. Mehta v. Union of India (1985)

Originally concerning pollution, this case became the primary vehicle for Aravalli protection, leading to bans and restrictions on mining since 1996. In 2004, the Court unequivocally held that “the Aravalli Hill Range has to be protected at any cost.”

WHY THE ARAVALLIS MATTER –

• ANTI-DESERTIFICATION BARRIER: Prevents the eastward expansion of the Thar Desert into Delhi, Haryana, and western UP
• GROUNDWATER RECHARGE: Supports aquifers and major rivers (Chambal, Sabarmati, Luni, Mahi, Banas)
• BIODIVERSITY HOTSPOT: 22 sanctuaries, 4 tiger reserves, Ramsar wetlands, and UNESCO sites
• CLIMATE REGULATION: Reduces dust storms, moderates temperatures, and absorbs pollution for NCR

India is also bound by obligations under the UN Convention to Combat Desertification (UNCCD) and its own National Action Plan (2023) and Aravalli Green Wall Project.

TIMELINE OF THE RECENT CONTROVERSY –

January–March 2024

• Supreme Court flagged conflicting State definitions of “Aravalli Hills/Ranges”
• CEC tasked with expert-led examination
• CEC Report (March 7, 2024) recommended:
  • Scientific mapping by FSI
  • District-level cumulative EIAs
  • Mining bans in protected areas, wetlands, recharge zones, NCR, and a 10-km inter-state buffer

May 9, 2024

• Court formed an inter-state committee under MoEF&CC
• Interim safeguard: No mining in Aravallis (as per FSI 2010 definition) without Supreme Court permission

November 20, 2025 – The Flashpoint

• A three-judge bench accepted a 100-meter elevation-based definition:
  • Hills ≥100m from local relief
  • Ranges formed if hills lie within 500m
• Court directed preparation of a Management Plan for Sustainable Mining (MPSM) by ICFRE
• New mining leases frozen until MPSM finalisation

WHY THE 100-METER DEFINITION SPARKED OUTRAGE –

• Over 90% exclusion: Only 1,048 of 12,081 identified Aravalli hills qualify
• Scientific flaw: Height measured from local base, not mean sea level
• Breaks ecological continuity: Ignores hillocks, slopes, wildlife corridors, recharge zones
• Contradicts SC’s own 2010 ruling, which rejected the same criterion
• Misleading affidavits by MoEF&CC regarding increased protection

MASS PUBLIC PROTESTS –

• Jaipur (Dec 24, 2025): Gen-Z-led torch march, symbolic burning of fake currency
• Gurugram (Dec 20, 2025): Silent march by Aravalli Bachao Citizens Movement
• Spread to Faridabad, Alwar, Udaipur
• Unified demand: scientific, landscape-based definition, not arbitrary elevation thresholds

Political leaders across parties termed the Aravallis Delhi’s lifeline and welcomed judicial reconsideration.

SUPREME COURT’S SUO MOTO ACTION (DEC 27–29, 2025) –

Why It’s Unprecedented

• No formal review petition
• Equal-strength bench stayed its own earlier judgment
• Triggered directly by public outcry
• Swift response within 40 days

Key Directions (Dec 29 Order)

• November 20 judgment kept in abeyance
• Fresh high-powered expert committee to be formed, dominated by environmental scientists
• Reinstated FSI 2010 definition as interim safeguard
• Continued freeze on new mining without Court approval
• Next hearing: January 21, 2026

THE SHADOW OF ILLEGAL MINING –

• ₹5,000+ crore losses to Haryana (CAG 2024)
• Mining beyond permitted areas (204% excess extraction)
• Altered river courses, destroyed aquifers
• 31 Aravalli hills reportedly lost to mining mafias
• Weak prosecutions despite SC directions

THE WAY FORWARD: SCIENCE OVER SEMANTICS –

Expert Committee Must Address:

• What ecological areas were excluded
• Long-term impacts of the 100-meter rule
• Mining in 500-meter “gaps”
• Structural continuity of the Aravalli system

MPSM Must Include:

• Landscape-level ecosystem assessment
• Cumulative impact analysis
• Conservation reserves & wildlife corridors
• Robust restoration and monitoring mechanisms

BROADER CONSTITUTIONAL SIGNIFICANCE –

• Judicial self-correction and accountability
• Power of citizen-led environmental movements
• Danger of definitional manipulation in environmental law
• Reinforcement of inter-generational equity and public trust doctrine

CONCLUSION –

The Supreme Court’s suo moto intervention in the Aravalli case marks a turning point in Indian environmental governance. By pausing a flawed elevation-based definition and calling for rigorous scientific reassessment, the Court has acknowledged that ecological systems cannot be reduced to technical shortcuts.

As India stands at the crossroads of development and ecological survival, the January 21, 2026 hearing will test whether constitutional institutions can truly safeguard one of Earth’s oldest mountain ranges—not just for today, but for generations to come.

About the Author