The Supreme Court of India has taken a significant step by initiating suo motu proceedings in the ongoing dispute concerning the demarcation of forest land in the Aravalli range. The apex court has decided to hear the matter on Monday, February 26, 2024, bringing a critical environmental issue under its direct scrutiny.
Court Takes Charge of Aravalli Demarcation Dispute
The bench, comprising Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, took note of the controversy following a mention made by senior advocate A D N Rao. Rao, who serves as the amicus curiae in a related forest matter, brought to the court's attention the conflicting claims over what constitutes 'forest land' in the Aravalli region of Haryana.
The core of the dispute lies in the interpretation of the Punjab Land Preservation Act (PLPA). The Haryana government has asserted that lands notified under the PLPA cannot be automatically classified as 'forest'. This stance has been contested by environmentalists and the Forest Survey of India (FSI), who argue that such lands must be protected under the broader definition of forest as established by the Supreme Court in its 1996 judgment in the T N Godavarman Thirumulpad case.
Conflicting Reports and Environmental Concerns
The situation escalated with the submission of contradictory reports. The Forest Survey of India (FSI) prepared a report identifying extensive forest cover on lands protected under the PLPA. However, the Haryana government challenged this assessment. In response, the Supreme Court, in a previous order dated December 8, 2023, had directed the formation of a three-member expert committee to physically inspect the sites and resolve the demarcation issue.
This committee, led by former Supreme Court judge Justice A M Khanwilkar, along with ex-Forest Survey of India director general Subhash Ashutosh and the additional chief secretary of Haryana's forest department, was tasked with the crucial job of determining the factual position on the ground. The court's decision to now take suo motu cognisance indicates the high priority and complexity of this environmental safeguarding effort.
Implications for the Fragile Aravalli Ecosystem
The Aravalli range is a vital, ancient geological formation acting as a green barrier against desertification in North India, particularly for the National Capital Region (NCR). Its protection is considered essential for groundwater recharge, air quality, and biodiversity conservation. The legal tussle over its demarcation has direct consequences for its preservation.
By taking suo motu cognisance, the Supreme Court has effectively placed the matter directly under its own supervision, moving it beyond the scope of the ongoing petitions. This proactive judicial approach underscores the court's commitment to enforcing its earlier orders and ensuring the protection of ecologically sensitive zones. The hearing scheduled for Monday is expected to set the course for the final resolution of this long-standing dispute, balancing development pressures with imperative environmental conservation needs in the Aravalli region.
