Court Seeks Detailed Affidavit on Legality of Mining in Gair Mumkin Pahaad Area; Appoints Amicus Curiae to Assist in Public Interest Matter
In a significant decision underscoring environmental preservation, the Punjab and Haryana High Court has taken cognizance of concerns relating to mining activities in the ecologically sensitive Aravalli Hills. The matter arose in a writ petition filed by Vijay and another challenging the validity of mining rights granted to a private respondent, on the ground that the mining lease had expired in January 2026.
The Court, comprising Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor, after hearing the parties and examining the records, noted that while the respondents claimed the lease to be valid until January 2027, a drone survey report and revenue records raised serious prima facie concerns. The survey indicated that the mining area falls within the Aravalli Hills, and the land is recorded as Gair Mumkin Pahaad (non-cultivable hill), surrounded by dense forest cover.
Highlighting the paramount public interest in the preservation of the Aravalli Hills, the Court expressed its duty to ensure that mining operations comply with environmental safeguards. Despite the petitioner's apparent lack of enthusiasm in pursuing the matter, the Court recognized the issues as being of significant public interest warranting thorough judicial scrutiny.
To ascertain the legality of mining in such a sensitive zone, the Court directed the Deputy Commissioner of Charkhi Dadri to file a comprehensive affidavit clarifying whether the mining area indeed forms part of the Aravalli Hills and if mining in such an area is legally permissible under applicable laws and regulations.
Further, to assist in the detailed examination of the complex environmental and legal issues involved, the Court appointed Shri Jatin Bansal, Advocate as Amicus Curiae. The Registry has been tasked with providing the complete case records to the Amicus Curiae to facilitate his assistance to the Court.
The matter has been posted for further hearing on November 11, 2026, signaling the Court's commitment to balancing development with environmental conservation and public welfare.
Bottom Line:
Environment and mining - High Court, despite petitioner not appearing serious in pursuing matter, treated issue as involving significant public interest where drone survey and revenue entries prima facie showed leased mining area to be part of Aravalli Hills recorded as Gair Mumkin Pahaad - Court sought specific affidavit from Deputy Commissioner on legality of mining in such area and appointed Amicus Curiae.
Statutory provision(s): Relevant mining laws and environmental regulations.
Vijay v. Union of India, (Punjab And Haryana)(DB) : Law Finder Doc Id # 3012537
