Supreme Court Halts Aravalli Eco-Sensitive Zone Rule Amid Public Dissent
SC temporarily stays its own 100-meter Aravalli eco-sensitive zone order, citing public and practical issues.
Photo by 승훈 한
In a rare move, the Supreme Court has temporarily stayed its own November 2023 order that mandated a 100-meter eco-sensitive zone (ESZ) around the Aravalli hills. This decision comes after the Haryana government and the Union government filed review petitions, citing 'public dissent' and 'practical difficulties' in implementing the earlier directive. The original 100-meter rule was based on a 2009 notification for the Aravalli region.
This stay impacts numerous construction projects and property owners in the region, highlighting the complex balance between environmental protection and developmental concerns. For UPSC aspirants, this demonstrates the judiciary's responsiveness to ground realities and the challenges in implementing environmental regulations.
Key Facts
SC stayed its own November 2023 order
The order mandated a 100-meter eco-sensitive zone (ESZ) around Aravalli hills
Stay issued due to 'public dissent' and 'practical difficulties'
Original 100m rule based on 2009 Aravalli notification
UPSC Exam Angles
Role and powers of the Supreme Court (judicial review, review petitions).
Concept and legal framework of Eco-Sensitive Zones (ESZs).
Ecological significance and geographical features of the Aravalli Range.
Challenges in environmental governance and implementation of regulations.
Balance between environmental protection and developmental imperatives.
Visual Insights
Aravalli Range: Eco-Sensitive Zone & Developmental Pressures
Illustrates the geographical spread of the Aravalli range, highlighting its presence in Haryana, and the areas potentially impacted by the ESZ regulations and subsequent stay. This map helps visualize the physical extent of the ecological concern.
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Chronology of Aravalli Eco-Sensitive Zone Regulations
Traces the key legal and policy milestones concerning the Aravalli ESZ, from initial notifications to the Supreme Court's recent stay order, providing a chronological understanding of the issue.
The Aravalli range has been a subject of environmental concern for decades, with legal battles often shaping its protection. The concept of ESZs, while crucial for conservation, frequently encounters implementation challenges due to developmental pressures and local livelihoods, leading to judicial interventions and subsequent reviews.
- 2009MoEFCC notification for Aravalli region, forming basis for 100m ESZ rule.
- 2011MoEFCC issues general guidelines for ESZs around Protected Areas.
- 2018Supreme Court intervenes in Aravalli mining cases, emphasizing protection.
- 2023 (Nov)Supreme Court mandates 100-meter Eco-Sensitive Zone around Aravalli hills based on 2009 notification.
- 2024 (Early)Haryana and Union Government file review petitions citing public dissent and practical difficulties.
- 2025 (Dec)Supreme Court temporarily stays its November 2023 order on Aravalli ESZ.
More Information
Background
Latest Developments
The Supreme Court's temporary stay on its own November 2023 order, which mandated a 100-meter ESZ around the Aravalli hills, is a significant development. This decision was prompted by review petitions from the Haryana and Union governments, citing 'public dissent' and 'practical difficulties'.
The original order was based on a 2009 notification for the Aravalli region. This highlights the judiciary's responsiveness to ground realities and the inherent tension between environmental protection and developmental pressures.
Practice Questions (MCQs)
1. Consider the following statements regarding Eco-Sensitive Zones (ESZs) in India: 1. Eco-Sensitive Zones (ESZs) are areas notified by the Ministry of Environment, Forest and Climate Change (MoEFCC) around Protected Areas, National Parks, and Wildlife Sanctuaries. 2. The declaration of ESZs is primarily governed by the provisions of the Environment (Protection) Act, 1986. 3. Activities like commercial mining and setting up of major hydroelectric projects are generally prohibited within ESZs. Which of the statements given above is/are correct?
- A.1 and 2 only
- B.2 and 3 only
- C.1 and 3 only
- D.1, 2 and 3
Show Answer
Answer: D
Statement 1: ESZs are indeed notified by the MoEFCC around Protected Areas to regulate activities. This is a fundamental aspect of their definition. Statement 2: The Environment (Protection) Act, 1986, particularly Section 3(2)(v) and 3(3), empowers the Central Government to take measures for environmental protection, including the declaration of ESZs. This is the primary legal basis. Statement 3: The ESZ guidelines typically list a set of prohibited activities (e.g., commercial mining, polluting industries, major hydroelectric projects), regulated activities (e.g., felling of trees, establishment of hotels), and permitted activities (e.g., organic farming, rainwater harvesting). Commercial mining and major hydroelectric projects fall under the prohibited category. Therefore, all statements are correct.
2. With reference to the Aravalli Range and its ecological significance, consider the following statements: I. The Aravalli Range is considered one of the oldest fold mountain ranges in the world, extending primarily across Rajasthan, Haryana, and Gujarat. II. It acts as a natural barrier against the eastward expansion of the Thar Desert and is crucial for groundwater recharge in the region. III. The Supreme Court's November 2023 order for a 100-meter ESZ around the Aravalli hills was based on a specific notification issued under the Forest (Conservation) Act, 1980. How many of the statements given above are correct?
- A.Only one
- B.Only two
- C.All three
- D.None
Show Answer
Answer: B
Statement I: The Aravalli Range is indeed one of the oldest fold mountain ranges globally, and its major extent covers Rajasthan, Haryana, and Gujarat, with a small part in Delhi. So, statement I is correct. Statement II: The Aravallis play a vital ecological role by checking the spread of the Thar Desert towards the east and are critical for groundwater recharge, especially in the semi-arid regions of Rajasthan and Haryana. So, statement II is correct. Statement III: The news article explicitly states that the original 100-meter rule was based on a '2009 notification for the Aravalli region'. While the Forest (Conservation) Act, 1980, deals with forest land, the notification of an Eco-Sensitive Zone is typically done under the Environment (Protection) Act, 1986. The news does not mention the FCA, 1980, as the basis for the ESZ notification. Therefore, statement III is incorrect. Thus, only two statements are correct.
3. Assertion (A): The implementation of environmental regulations in India often encounters significant 'public dissent' and 'practical difficulties'. Reason (R): Such regulations frequently involve trade-offs between environmental protection and developmental aspirations, directly impacting livelihoods, property rights, and economic growth. In the context of the above statements, which one of the following is correct?
- A.Both A and R are true and R is the correct explanation for A.
- B.Both A and R are true but R is not the correct explanation for A.
- C.A is true but R is false.
- D.A is false but R is true.
Show Answer
Answer: A
Assertion (A): The news itself highlights 'public dissent' and 'practical difficulties' as reasons for the Supreme Court's stay on the Aravalli ESZ order. This is a common challenge in environmental governance in India. So, A is true. Reason (R): Environmental regulations, especially those like ESZs, often restrict land use, construction, and economic activities, thereby creating a conflict with developmental goals, property rights, and the livelihoods of local populations. This inherent conflict is precisely why 'public dissent' and 'practical difficulties' arise. So, R is true and correctly explains A.
Source Articles
Supreme Court accepted govt’s 100-m Aravalli rule, its own panel had opposed it | Legal News - The Indian Express
Aravalli Hills definition row: Supreme Court stays order accepting '100-metre' rule
Before 2025 yes was the 2010 no: Supreme Court had rejected 100-metre definition of Aravallis | Legal News - The Indian Express
Aravalli definition row: Supreme Court stays its order on ‘100-metre’ rule. All about the controversy | India News - The Indian Express
SC stay on new Aravalli definition protects its ecological integrity | The Indian Express
