Mining the Aravalis – Digging to Mining the Aravalis – Digging to deathdeath

A Reality Check – a presentation by :A Reality Check – a presentation by :D.P Bankhwal(06)D.P Bankhwal(06)Ritu Shukla(24)Ritu Shukla(24)Vijay Kumar(32Vijay Kumar(32))

Rationale for selecting this subject• Classic case presenting the importance of SD

• Shows in action the concepts learnt during the course such as developmental efforts, environmental degradation, demise of local institutions ,contrasting public policies, diverse public authorities, local participation and collective action

• Topical issue with extensive coverage in Media – coverage on daily basis inThe Times Of India and Indian Express

• Cases in SC and HC-decision awaited anxiously by all concerned

• Group feels passionately about the issue

Flow of presentation

• Importance of Aravalis.• SD issues (3 minute video )• Over-exploitation of Aravalis and its ecological, economic

and social dimensions.• Stakeholder/actors• Multiplicity of laws-legal pluralism• Legal requirements of mining-EIA/EMP• Aravalis in last 20 years• Conflicting interests• Aravalis in legal storm• Recent Furore

Flow of presentation (contd.)

• CGWB report on ground water depletion

• CEC recommendations

• CPCB study on environmental degradation

• Way forward suggested by CPCB

• Experience in rehabilitating Mussorie hills

• conclusion

The AravalisThe Aravalis• Oldest mountains (600 to 700 million yrs Oldest mountains (600 to 700 million yrs old) even older than Himalayas (50 to 60 old) even older than Himalayas (50 to 60 million yrs old)million yrs old)

•Truncated in range and height over the Truncated in range and height over the millenniamillennia

•Extends from Delhi south-west (called Extends from Delhi south-west (called Delhi Ridge) to near Ahmedabad for a Delhi Ridge) to near Ahmedabad for a distance of about 800 km.distance of about 800 km.

Aravali Hills contd.Aravali Hills contd.• In the past, the entire length of this range was a In the past, the entire length of this range was a

complete barrier to all kinds of movements from east complete barrier to all kinds of movements from east to west; today, the effectiveness of the barrier is felt to west; today, the effectiveness of the barrier is felt only in the central and southern parts.only in the central and southern parts.

• In the north, many wide water gaps run transverse to In the north, many wide water gaps run transverse to the range, facilitating easy movement of all kinds of the range, facilitating easy movement of all kinds of traffic and even sands from the western arid plains to traffic and even sands from the western arid plains to the eastern humid plainsthe eastern humid plains

• Guru Sikhar (1722 m) on the Abu hills is the highest Guru Sikhar (1722 m) on the Abu hills is the highest peak of the Aravalli, and Abu (1158 m) the only hill peak of the Aravalli, and Abu (1158 m) the only hill station in Rajasthanstation in Rajasthan

• (Source: The Gazetteer of India, Min. of I&B)(Source: The Gazetteer of India, Min. of I&B)

Aravalis across states

• Spread over 4 States– Two districts in Gujarat (23 Tehsils)– 18 district in Rajasthan (127 Tehsils)– 5 districts in Haryana (23 Tehsils) :Gurgaon,

Faridabad, Mahendragarh, Bhiwani and Rewari

– Delhi

Aravalis –The Shield

• The Aravali Hill Range act as a natural barrier between the The Aravali Hill Range act as a natural barrier between the “Thar” desert and rest of the country. “Thar” desert and rest of the country. Trees play an important role as shelterbelt against the march of desert, while the leaf litter adds to humus.

• Trees and other vegetation provide protection from desiccating provide protection from desiccating hot winds from the southhot winds from the south

• Enriched soil makes the areas amenable for graduating into higher ecological succession and biological diversity.

• Ecologically this region is one of the 26 endemic centers of Ecologically this region is one of the 26 endemic centers of biodiversity identified in India. Because of long history of human biodiversity identified in India. Because of long history of human settlement and over exploitation, the biodiversity of the region is settlement and over exploitation, the biodiversity of the region is threatened.threatened.

• Provide catchments to the streams/ rivers; provide natural head Provide catchments to the streams/ rivers; provide natural head for irrigation dam/ anicutfor irrigation dam/ anicut

Aravali – the treasure house

• Hills and the lakes in its laps provide scenic beauty – great tourism sites

• Vegetation is rich and varies from tropical thorn forests to semi-evergreen forests

• Store house of minerals such as marble, gypsum, rock phosphate, limestone, asbestos and building material

Sustainable Development & Aravalis ?

• Present un-mindful exploitation of Aravalis (mining, colonizing, grazing, fuel wood ) has led to serious ecological, social & economic problems

• The pace of exploitation of the natural resources in the region is creating pressures on the lives of the present generations and the environment

• The present scenario appears so grim and bleak that there appears no future if this pace of un-mindful development is not restrained

Over-exploitation of Aravalis & its Over-exploitation of Aravalis & its effects on Ecologyeffects on Ecology

• Ripping off top vegetation cover for mining is Ripping off top vegetation cover for mining is resulting in loss of top sponge (provided by resulting in loss of top sponge (provided by vegetation) for recharging the aquifer .vegetation) for recharging the aquifer .It takes nearly 100 (in tropical conditions) to 1200(in arid conditions) years for formation of top (nutrient-rich) 1inch of soil.

• Resulted in loss of sponge (provided by vegetation) for recharging the groundwater aquifers – the life support system for water scarce state like Haryana .Decline in .Decline in recharge of aquifers will result in severe recharge of aquifers will result in severe water shortage to the nearby towns and water shortage to the nearby towns and villages villages

• Badkhal Lake, Surajkund and Damdama Badkhal Lake, Surajkund and Damdama Lake have turned dry; allegedly due to Lake have turned dry; allegedly due to tinkering with the sensitive ecosystem of tinkering with the sensitive ecosystem of Aravali (mainly mining activity)Aravali (mainly mining activity)

• These picnic spots have now lost their valueThese picnic spots have now lost their value• The impact is said to be due to mining before The impact is said to be due to mining before

the supreme court imposed banthe supreme court imposed ban

Google Earth image of dried up Dhauj lake

Over-exploitation of Aravalis & its Over-exploitation of Aravalis & its effects on Ecologyeffects on Ecology

• The gaping mine holes were never rehabilitated; result: the The gaping mine holes were never rehabilitated; result: the rainwater does not reach the water bodiesrainwater does not reach the water bodies

• In many cases, the mining pits have breached the ground In many cases, the mining pits have breached the ground water level and hence slowly these water bodies have dried water level and hence slowly these water bodies have dried upup

• Chandigarh office of the Central Ground Water says that Chandigarh office of the Central Ground Water says that mining pits were found filled with water leading to massive mining pits were found filled with water leading to massive evaporation of ground water evaporation of ground water

• It has also mentioned that mining was mainly carried out It has also mentioned that mining was mainly carried out below the water table by pumping out of ground water and below the water table by pumping out of ground water and dewatering of the mines had affected the groundwater dewatering of the mines had affected the groundwater regime, resulting in depletion of groundwater resourcesregime, resulting in depletion of groundwater resources

• Natural drainage pattern has also altered due to mining and Natural drainage pattern has also altered due to mining and dumping of waste material. dumping of waste material.

Over-exploitation of Aravalis & its Over-exploitation of Aravalis & its effects on economyeffects on economy

• Tourism value is being lost due Tourism value is being lost due to the scarring of landscape to the scarring of landscape and drying up of water bodies and drying up of water bodies such as Badhkal lakesuch as Badhkal lake

• Deforestation , grazing, fuel Deforestation , grazing, fuel wood collection are leading to wood collection are leading to danger of extinction of flora and danger of extinction of flora and fauna- even endangering the fauna- even endangering the tiger (Sariska & Ranthambhor)tiger (Sariska & Ranthambhor)

• Productivity of farms is getting Productivity of farms is getting adversely affected due to loss adversely affected due to loss of water and scree/ debrisof water and scree/ debris

• Common Property (Land) Common Property (Land) Resource –source of Resource –source of livelihood ,fodder and firewood livelihood ,fodder and firewood for local people such as poor for local people such as poor grazers, is getting lostgrazers, is getting lost

• No alternate source of incomeNo alternate source of income

Over-exploitation of Aravalis & its Over-exploitation of Aravalis & its social effectssocial effects

• Benefit to society is in the form of building material Benefit to society is in the form of building material and wage labor to the poor, but the maximum and wage labor to the poor, but the maximum beneficiaries are contractors, suppliers and beneficiaries are contractors, suppliers and buildersbuilders

• Majority of the population in the proximity of the Majority of the population in the proximity of the mines are losersmines are losers

• Health of the people adversely affected, may be Health of the people adversely affected, may be insidiously, due to fugitive (suspended particulate insidiously, due to fugitive (suspended particulate matter) pollutantsmatter) pollutants

• Mining accidents due to unsafe mining practicesMining accidents due to unsafe mining practices• Value of CPR is diminishedValue of CPR is diminished• Gender issues such as drudgery of women – Gender issues such as drudgery of women –

cover wider distances for collection of natural cover wider distances for collection of natural resourcesresources

• Change in livelihood patterns due to demise of Change in livelihood patterns due to demise of local institutions and traditional means of local institutions and traditional means of livelihoodlivelihood

• Migration to cities and ill –effects of urbanizationMigration to cities and ill –effects of urbanization• Not a WIN- WIN situation for allNot a WIN- WIN situation for all

Actors In the Aravalis Saga• Local population residing in & around Aravalis• Mining Industry• Mine workers• Colonizers• NGOs, Environmentalists• Judiciary

– Supreme Court (assisted by Central Empowered Committee constituted in 2002)

– Punjab & Haryana High Court• Public Authorities

– MOEF– Central Pollution Control Board (CPCB)– Central Ground Water Board (CGWB)– Bureau Of Mines– State Government

• Department of Forest• Department Of Mines• Urban Development Authority (Such as HUDA)• Department Of Fisheries• District Administration & Police Authorities

Multiplicity of laws Governing The Aravalis – Legal pluralism

• For Mining Purposes , 50 different laws/ acts relating to environment by different authorities are in practice

• Forest Conservation Act• Environmental (Protection) Act, 1986Environmental (Protection) Act, 1986• Mineral Conservation and Development Mineral Conservation and Development

Rules, 1988Rules, 1988• Punjab Land Preservation Act 1900Punjab Land Preservation Act 1900• Mores & Customs

Legal Requirements for Mining• As per MOEF’s notification dated

27.01.1994, later superceded by notif.dated 14.9.2006, environmental clearance (after EIA) from MOEF is required for all mining leases of major minerals for 5 ha and above

• In addition to this, a special notification, Aravalli notification dtd 7.5 1994 is in force, which provides that in Gurgaon and Alwar district no mining (including minor minerals) is permitted without prior approval of the MOEF

• For mining of major minerals, Mining Plans and Environmental Management Plans (EMP’s) are required to be approved by the Indian Bureau of Mines

• As per section 2 of the Forest (Conservation) Act, 1980 , prior approval of the Central Government is required before undertaking mining in any forest area.

Environmental Impact AssessmentEnvironmental Impact Assessment

• Environment (Protection) Act, 1986 makes EIA Environment (Protection) Act, 1986 makes EIA mandatory for 30 categories of developmental projectsmandatory for 30 categories of developmental projects

• Objective of EIA is to foresee and address potential Objective of EIA is to foresee and address potential environmental problems/concerns at an early stage of environmental problems/concerns at an early stage of project planning and designproject planning and design

• EIA/EMP should assist planners and government EIA/EMP should assist planners and government authorities in decision making process by identifying authorities in decision making process by identifying the key impacts/issues and formulating mitigation the key impacts/issues and formulating mitigation measuresmeasures

• MoEF has issued sectoral guidelines for the purposeMoEF has issued sectoral guidelines for the purpose

Environmental Management Plan Environmental Management Plan (EMP)(EMP)

• Required for formulation, implementation and Required for formulation, implementation and monitoring of environmental protection monitoring of environmental protection measures during and after commissioning of measures during and after commissioning of projects. projects.

• Cost of measures for environmental safeguards Cost of measures for environmental safeguards should be treated as an integral component of should be treated as an integral component of the project cost and environmental aspects the project cost and environmental aspects should be taken into account at various stages should be taken into account at various stages of the projects:of the projects:

SD –EIA & EMP• No technique exists that can reliably identify and

price all of the environmental and social costs of a project

• According to R.F.Mikesell (1994): For a project to be sustainable, following conditions must be met-

1. Depleted renewable natural resources must be restored

2. Compensation to future generations for depleted non-renewable natural resource capital must be included in the social cost of the project; and

3. Damage to life-supporting natural resources and environmental assets must be avoided.

SD –EIA & EMP (contd.)• It would be unrealistic to assume that, in economic terms, real

loss from the depletion of natural resources can be replaced. • Although there are no blueprints for transition to environmental

sustainability, there are policy reforms that could reduce environmental degradation.

• One of the most frequently used method is the Environmental Impact Assessment (EIA). But, globally the experience has shown that EIA & EMP are not enough to achieve the environmental sustainability of natural resources. • Public participation is required• The EIA rules of the MoEF also call for public hearing. • But, what the observers and critics say that participation of the public in

‘public’ hearing is almost negligible• Compliance of guidelines of EIA and implementation of EMP in many

leased area are said to be lax• Monitoring mechanism does not seem to be strict and transparent, and

does not involve the local stakeholders

Aravalis in the last 20 years• In Haryana, areas notified under Section 4 and 5 of the Punjab Land

Preservation Act, 1900 are forest for the purpose of FC Act but the state government has been taking different stands as regard to whether the land is forest or not

• An Aravali Rehabilitation Project was executed in this area with an expenditure of Rs. 115.6 crore (1991-92 to 1998-99) with European Union grant of Rs. 89.3 crore. As per the agreement, no mining was to be allowed in this area for 21 years. But conditions have been flouted.

• This project reaped benefits with forest cover seeing an increase by 329% (HARSAC study) . State of Forests Report 1999 by Forest Survey of India also indicated increase of 360 sq. km forest cover in the state

• Government pursuing a policy of rehabilitation and mining at same time -total policy failure-typical govt functioning-depts working at cross purposes

Mines from 1994 to 2002 in Faridabad Mines from 1994 to 2002 in Faridabad and Gurgaon Districtsand Gurgaon Districts

• There are 38 mines which were operating up to 5 km from There are 38 mines which were operating up to 5 km from Delhi-Haryana border in Faridabad and Gurgaon districts Delhi-Haryana border in Faridabad and Gurgaon districts before they were closed down pursuant to the Court’s order before they were closed down pursuant to the Court’s order dated 6.5.2002. Out of these:dated 6.5.2002. Out of these:

• 25 are in Faridabad district (7 mining leases for major and associated 25 are in Faridabad district (7 mining leases for major and associated minor mineral granted / renewed prior to 27.1.1994, 12 mining leases for minor mineral granted / renewed prior to 27.1.1994, 12 mining leases for major and associated minor minerals granted/renewed after 27.1.1994 major and associated minor minerals granted/renewed after 27.1.1994 and 6 mining leases for minor minerals granted through public auction)and 6 mining leases for minor minerals granted through public auction)

• 13 are in Gurgaon district (7 mining leases for major mineral along with 13 are in Gurgaon district (7 mining leases for major mineral along with mining mineral, 2 mining leases for major mineral and 4 mining leases mining mineral, 2 mining leases for major mineral and 4 mining leases for minor minerals). for minor minerals).

Contd.Contd.

• Out of the above, 11 Out of the above, 11 mines fall within 2 to 5 mines fall within 2 to 5 km from Badkal Lake km from Badkal Lake and Surajkund, where and Surajkund, where mining was earlier mining was earlier allowed to be allowed to be resumed pursuant to resumed pursuant to the Supreme Court’s the Supreme Court’s order dated 10.5.1996order dated 10.5.1996• (Source: Empowered (Source: Empowered

Committee of GoI)Committee of GoI) The vanishing lake

Conflicting Interests

Conflicting rights and interests• Mine owners view

– Stopping of mining in this area would render thousands of people, mostly poor, jobless

– Cessation of mining would deprive Haryana of royalty income.– Construction material scarcity in Delhi-CWG 2010.

• The other view– Over 95% of the workers in mines are migrant labour. They will

move elsewhere. – Royality would come from other mines.– Construction material would also come from elsewhere as big

builders have already got committed suppliers from Rajasthan

Aravalis in Legal storm• In Dec 12, 1996, SC in a major judgement has defined what

constitutes forest in its judgement banning mining in Doon Valley.• As per the judgement, Forest was defined as the

– Land that was notified as forest under the Indian Forest Act,– Land that had characteristics of a forest irrespective of ownership– And even land where there was once a forest

• The judgement also said that any diversion for "non-forest purposes" (like mining) would require prior approval from the Central government

• Environmentalist MC Mehta filed a PIL to save Aravalis in SC• To assist the SC in this case, the Central Empowered Committee

(CEC) was constituted by Supreme Court by its order dated 9.5.2002

Aravalis in Legal storm• The SC put a total ban on mining in the entire Aravalli hills from

Haryana to Rajasthan inOct, 2002. The ban was not limited to hills encircling Kote and Alampur villages but extended to the entire hill range of Aravalli from Haryana to Rajasthan," said the order.

• The Chief Secretaries of Haryana and Rajasthan were directed to ensure that no mining activity in the Aravalli hills was carried out, especially in the part which had been regarded as forest area or protected under the Environment (Protection) Act.

• Initially there was a confusion on whether the ban would apply to entire range, but it has been clarified that barring in Dholpur, every single mine in the range would be closed. "The entire Aravalli range was a forest area, whether protected or not, hence for now all mining activity had to stop.

• The Supreme Court's "blanket ban" came in the face of strong opposition by several influential mine-owners-including Haryana politicians - and the Chautala government itself who had been claiming that a ban on mining was neither good environment nor good economics

Aravalis in Legal storm -CEC Report 2003

The main observations of the CEC reports are as under:• Most of the stipulated conditions while approving mining plan or

granting environmental clearances have not been fulfilled. Almost all the mines are operating in violation of conditions of approved mining plans.

• The assumption on the basis of which powers for granting environmental clearance were delegated to the State of Haryana under the Aravalli notification have been found to be incorrect.

• There is no effective mechanism in place to ensure compliance of the conditions on which approvals / clearances were granted.

• Mining leases have been granted in areas where plantations have been undertaken with the financial assistance provided by European Union.

• Mining activity in areas notified under Section 4 and 5 of the PLPA, though areas recorded as forest, approval under the FC Act from the MOEF has not been obtained.

Aravalis in Legal storm

• Supreme Court lifted its total ban on mining activities and permitted the same in forest areas if prior permission was obtained under the Forest Conservation Act and Environment Protection Act. However, it categorically stated that no mining activity, even with prior permission under these two Acts, would be allowed in sanctuaries and National Parks

• At the same time, in similar cases the SC has banned mining in, Kudremukh Mines (2005), iron mines inGoa(2007) and in Vedanta Ltd.’s case alumininum mining in the Niyamgiri hills (2007) in Orissa and Panna Mines in MP(judgement awaited).

Aravalis in Legal storm

• In its 2004 judgment on the Bhurelal Committee In its 2004 judgment on the Bhurelal Committee report, the Supreme Court had ordered the report, the Supreme Court had ordered the closure of all mining activities in the Aravallis, closure of all mining activities in the Aravallis, except a few that were added later. except a few that were added later.

• The court had, in an earlier judgment, also The court had, in an earlier judgment, also ordered that excavated pits in the area be filled ordered that excavated pits in the area be filled up with immediate effect and an afforestation up with immediate effect and an afforestation drive be carried out in the area. drive be carried out in the area.

Recent FuroreRecent Furore• Bhatkal and Surajkund lakes have gone Bhatkal and Surajkund lakes have gone

completely dry due to the ongoing completely dry due to the ongoing construction activities in their neighborhoodconstruction activities in their neighborhood

• CGWB report says, “Mining activities in areas like Pali, Mohabbatabad, Anangpur and Manger villages were mainly carried out below the water table by pumping out groundwater. This has affected the groundwater reserves, resulting in depletion of groundwater resources... the natural drainage pattern has also altered due to mining and dumping of waste material,”.

• Media reports show that the “abandoned Media reports show that the “abandoned mines have been left open, and the entire mines have been left open, and the entire region pockmarked is with deep pits and region pockmarked is with deep pits and overburdens (earth dug out from the pits)”. overburdens (earth dug out from the pits)”.

Recent FuroreRecent Furore

• According to the recent report According to the recent report by the SC-constituted Central by the SC-constituted Central Empowered Committee (CEC), Empowered Committee (CEC), there are around 134 mines that there are around 134 mines that fall under the Sections 4 and 5 fall under the Sections 4 and 5 of the Punjab Land Preservation of the Punjab Land Preservation Act (PLPA), 1900. The report Act (PLPA), 1900. The report further states: “Many of the further states: “Many of the mined pits now have water in mined pits now have water in them... Treat the entire Aravalli them... Treat the entire Aravalli Hills of Faridabad and Gurgaon Hills of Faridabad and Gurgaon districts as prohibited zones for districts as prohibited zones for mining except specific locations mining except specific locations exempted by the SC.” exempted by the SC.”

Recent Supreme Court JudgementRecent Supreme Court Judgement

• In Feb,2008, the SC has expressed its concern over the impact of mining activities amongst other on the water resources in the area and asked MOEF to submit an affidavit regarding depletion of ground water level due to Mining in Aravalis .(order dt 15 Feb, 2008)dt 15 Feb, 2008)

• In the affidavit ,MoEF is directed to further clarify • the water shortage that may happen in case the mining activities are

carried out • whether water level is going down and water resource management

plan, water resource status and natural resource of these areas are to be ascertained.

• To examine how many mining licences can be granted in the area keeping in mind scarcity of ground water and other connected issues

SC’s tough talk on 19th March,2009

• The Supreme Court talked tough while showing its inclination for a total ban on mining in the Aravali hill areas of Haryana's Faridabad and Gurgaon districts, being convinced that relentless battering of this natural barrier would allow the western desert to gradually eat up the grain bowl of the Gangetic plains.

• The Bench said: ``The Central Empowered Committee (CEC) has said there is total devastation of the eco-sensitive Aravali hills. If there is total devastation, natural corrollary is total ban on mining. With the state agreeing with the CEC's finding, you are on a stronger wicket. But the question is who should do it — the Supreme Court, the Centre or the State Government''.

Environment and Supreme Courts’ Views

Principles of Sustainable Development (SD)

• Precautionary Principle

• Polluter pays principle

• Safe Minimum Standards

Environmental Impact due to Environmental Impact due to Mining ActivitiesMining Activities

• Over burdenOver burden• Soil QualitySoil Quality• Land use patternLand use pattern• Air QualityAir Quality• Water QualityWater Quality• Recharge of ground Recharge of ground

waterwater• Noise levelNoise level• Socio-economic impactSocio-economic impact

Why Mining is threat to Ground Why Mining is threat to Ground Water- CGWB Report Water- CGWB Report April 2008April 2008

• Studied ground water regime in Studied ground water regime in and around mining areas of and around mining areas of Faridabad and DelhiFaridabad and Delhi

• After closure of mines, areas in the After closure of mines, areas in the Central and South western parts Central and South western parts have shown a rise in water levels have shown a rise in water levels from 1.19 m to 8.15 during 2003 to from 1.19 m to 8.15 during 2003 to 2007, despite 3 years being deficit 2007, despite 3 years being deficit rainfall yearsrainfall years

• From a total area of 902481 sq.m From a total area of 902481 sq.m of exposed water table, of exposed water table, accumulated loss of 8,86,891 accumulated loss of 8,86,891 cu.mt. of fresh water is occurring cu.mt. of fresh water is occurring every yearevery year

• Village Bhatti: during 1996 to 2003 Village Bhatti: during 1996 to 2003 (mining time) water level fell from (mining time) water level fell from 30 m to 47 m and then from 2003 30 m to 47 m and then from 2003 to 2007 (mines closed) water level to 2007 (mines closed) water level rose a net by 2 m. rose a net by 2 m.

CEC’s RecommendationsCEC’s Recommendations

CEC offered the following suggestions for restoration of CEC offered the following suggestions for restoration of AravalisAravalis

• ban on mining activity may continue up to 2 km from ban on mining activity may continue up to 2 km from Surajkund and Badkal Lakes, as per the Court’s order dated Surajkund and Badkal Lakes, as per the Court’s order dated 10.5.1996;10.5.1996;

• each of the existing mines may be physically inspected by each of the existing mines may be physically inspected by Inspection Team(s) comprising officials of the State Inspection Team(s) comprising officials of the State Government, Indian Bureau of Mines, Director General of Government, Indian Bureau of Mines, Director General of Mines Safety and the Ministry of Environment and Forest to Mines Safety and the Ministry of Environment and Forest to report the specific conditions which have not been report the specific conditions which have not been fulfilled/violated especially in respect of:fulfilled/violated especially in respect of:• section-wise (bench-wise) mining to be done as per approved mining section-wise (bench-wise) mining to be done as per approved mining

plan;plan;• storage of top soil as per approved mining plan;storage of top soil as per approved mining plan;

CEC’s RecommendationsCEC’s Recommendations

• Dumping of over-burden in identified area as per Dumping of over-burden in identified area as per the approval mining plan;the approval mining plan;

• Plantations as per Environmental Management Plantations as per Environmental Management Plan;Plan;

• Observance of mines safety Rules and Regulations;Observance of mines safety Rules and Regulations;• Damage to the plantations raised under externally Damage to the plantations raised under externally

aided projects (foreign funding);aided projects (foreign funding);• Damage if any to the water table / underground Damage if any to the water table / underground

aquifers; and aquifers; and • Compliance of environmental clearance Compliance of environmental clearance

stipulations; stipulations;

CPCB study on environmental degradationin Aravalli hills,2007

• As per central and state government ,lot of statutory requirements need to be fulfilled. But on ground its implementation is minimal.

• Vide Gazette Notification of Ministry of Environment & Forests dated 29th November, 1999, Government of India has inter alia made provision for preparing the Master Plan integrating the environmental concerns and the future land use of the area. These are missing in master plans of Haryana districts.

• Government of Haryana has issued guidelines for setting as well as operation of the crushers in an eco-friendly manner. But the compliance is only partial.

• The identification of mines in the districts is difficult, so difficult to find out polluters.

CPCB study on environmental degradationin Aravali hills,2007

• There is no identified land where over burden could be temporarily dumped prior to being utilized for void filling and for other purposes.

• Inadequate knowledge on the part of mine and industrial operators in respect of the environmental impacts due to mining and industrial units respectively, is one of the key factors in environmental damage caused in the district. Because of the lack of knowledge of how to exploit the resource, maintain standards, the environmental degradation takes place.

• Also, there is no willingness on the part of the mine operators / owner of the crusher units for environmental improvement in and around mine/processing plant sites.

CPCB study on environmental degradationin Aravalli hills,2007

• There exists an open access system of the plant resources available which is used for fodder and fuel. Therefore community controlled regulated access system, required for sustainable common land system in the Aravali Range, is inadequate.

• Since the percentage of goats and sheep is significant, there is lesser availability of dung as fertilizer and as the fuels. There is growing consumption of chemical fertilizers, which due to high ground water level in the southern part of the district, may further increase the salinity. Besides, since the fuel availability is lesser, there is increased dependence on the forests for fuel. This has also led to reduction in forest cover in the district.

• The pace of the afforestation programme in the district need to be speeded up. But it can not happen without fulfilling basic needs of the local people and their active participation .

• There is need to consider the participation of people and specially the women folk for the environmental programmes being executed in the district.

Way forward-suggested by CPCB

• Eco-restroration programmes need to be chalked out by State Government of Haryana in consultation with various government departments

• The state government should also monitor the progress in eco-restoration efforts through satellite imagery at an interval of every 2 years

• Distt admn. should Identify the areas where illegal mining is being carried out and immediately take legal action against such persons

• All the mining and stone crushers should be asked to display signboard giving all the relevant information on the status of their lease / units. The boundary line of the lease area should also be properly demarcated.

• Master Plans showing developmental plan of the district integrating environmental concerns should be prepared and publicly displayed.

• Providing more opportunities for alternative employment in the district. This should lessen the dependence on the hills and the forest produce, thus helping in conservation off natural resources. Help of local reputed NGOs may also be taken for the purpose.

Way forward-suggested by CPCB

• For eco-restoration of the Aravali hills, participation of local community need to be ensured. In addition, efforts should be there to increase awareness among the local community regarding the need for protection of environment in the district.

• Efforts should be there to enhance shifting of attitude among the local community for rearing of cows, buffaloes etc. in lieu of goats and sheep. This will increase the biomass generation, increasing fertility of the soil and the productivity of the lands in the district. This will improve the fuel and fodder scenario for the poorer section of the society. Distribution of LPG cylinders may also be considered for the purpose.

• Regulated access of the common land in the district should be ensured to protect the natural resources in the district through the formation of village forest committees etc.

• Action to be immediately started for rehabilitation of common lands in the region.

Way forward-suggested by CPCB

• Watershed Management and rainwater harvesting to be implemented in the Aravali hills regions on war footing.

• Possibilities of rehabilitation of the degraded lands in the form of abandoned mine pits to water reservoir and eco-parks to be explored-tourism potential or any other reclamation opportunity.

• Dept of Mines and Geology should conduct frequent inspections of the mining operations to ensure that these are in line with the requirement for sustainable development in the district.

• The minimum period of lease should be for 15-20 years. This will induce the mine operators to take environmental protection measures more seriously.

• Stone crushers should either be in identified zones or in the mining leases. The crushers outside the zones should be brought into the zones or in the mining lease areas in a phased manner.

Way forward-suggested by CPCB

• CGWB should recognize the areas where water tables are depleting and causing danger to the underground aquifer. CGWB should display this data on their site on Internet for the awareness of public and further usage for industrial and urban planning.

• The Forest Department should fix the target for afforestation and the same should be carried out in phased manner. Efforts should be there to involve locals also to protect the existing vegetation and the plantation, which were carried out under the afforestation programme.

Way AheadThere may be two ways ahead• Total ban on mining

– Will affect developmental efforts in the region (Transportation cost for building material may increase)

– Illegal mining may still continue

• Allow Mining keeping sustainability of Aravalis in view– Area of 600 hectares should be auctioned in a transparent manner. None

of the individual lease would exceed 30 hectares so as to ensure healthy competition. This means there will now be 20 mining lease holders against the current monopoly of one. It will kill monopoly.

– 30 hectares should be divided into two parts of 15 hectares each. Mining in the second part- only after the first part is reclaimed and rehabilitated at least up to 60%. Such norms would make it virtually impossible to carry out the kind of pillage that has happened in the past.

– An Aravali Rehabilitation Fundshould be set up with contributions from both the state government and the new lease holders (say 10% each)

– A monitoring committee, headed by the divisional commissioner, may be set up to utilize the fund to heal the scars on the Aravali as has been inflicted by past activities.

– Rehabilitation of the Aravalis giving it a breather as in the case of Mussorie Hills

Rehabilitation of Mined Area in Rehabilitation of Mined Area in Mussoorie HillsMussoorie Hills

• To have maximum monetary benefits, To have maximum monetary benefits, area was hazardously quarried area was hazardously quarried (dolomite) without taking into account (dolomite) without taking into account the deteriorating effects, like the deteriorating effects, like denudation of the natural vegetation, denudation of the natural vegetation, soil erosion, pollution of air and water, soil erosion, pollution of air and water, blockade of roads, silting of reservoirs, blockade of roads, silting of reservoirs, disruption of communication, spoilage disruption of communication, spoilage of good agricultural lands and of good agricultural lands and vanishing vanishing perennial springs. perennial springs.

• Contractors/industrialists after Contractors/industrialists after quarrying abandoned mining sites, quarrying abandoned mining sites, which in turn aggravated the stated which in turn aggravated the stated problems. problems.

Rehabilitation of site (contd.)Rehabilitation of site (contd.)

• It is only in 1982, the lease period of most of It is only in 1982, the lease period of most of the mine owners completed and agreements the mine owners completed and agreements became invalid. Efforts and resolutions to save became invalid. Efforts and resolutions to save natural beauty, vegetation and environment natural beauty, vegetation and environment were initiated by many organizations. were initiated by many organizations. Consequently, the administrators, politicians, Consequently, the administrators, politicians, planners and scientists started paying attention planners and scientists started paying attention to this problem.to this problem.

• Hon'able Supreme Court of India banned Hon'able Supreme Court of India banned mining in majority of the mining in majority of the minesmines under under MussoorieMussoorie hills in 1996 hills in 1996

Rehabilitation of Mussorie MinesRehabilitation of Mussorie Mines

• Research efforts were attempted by the Research efforts were attempted by the scientists of CSWCR&TI, Dehradun and FRI, scientists of CSWCR&TI, Dehradun and FRI, Dehradun from 1983 onwards and developed Dehradun from 1983 onwards and developed technologies for rehabilitation of mine spoils.technologies for rehabilitation of mine spoils.

• Both mechanical and biological measures were Both mechanical and biological measures were adapted in tandem to restore the disturbed adapted in tandem to restore the disturbed areas areas

Mechanical measures (contd.)Mechanical measures (contd.)

• Mechanical Measures:Mechanical Measures:Studies conducted by these institutes showed that Studies conducted by these institutes showed that structures like cross barriers/ check dams, log wood structures like cross barriers/ check dams, log wood barriers, toe walls, gabion structures, loose check barriers, toe walls, gabion structures, loose check dams, etc., arrest the movement of large amount of dams, etc., arrest the movement of large amount of loose rocks and spoil down the unstable and loose rocks and spoil down the unstable and uneven steep slopes of the area and also through uneven steep slopes of the area and also through the drainage channels the drainage channels . .

Mechanical measures (contd.)Mechanical measures (contd.)

– Mechanical measures adopted Mechanical measures adopted • planned placement of over burden in hilly terrain,planned placement of over burden in hilly terrain,• provision of road drains and culverts, provision of road drains and culverts, • proper designing of water courses, proper designing of water courses, • construction of trenches on denuded long slopes, terracing of mine construction of trenches on denuded long slopes, terracing of mine

spoil spoil deposited in heaps,deposited in heaps,• construction of gabion drop structures up to 40% slope, construction construction of gabion drop structures up to 40% slope, construction

of toe and retaining walls, of toe and retaining walls, • chute spill way with cement concrete where the vertical fall is more chute spill way with cement concrete where the vertical fall is more

than 3 m etc. than 3 m etc.

These stated measures have been found very useful in grade These stated measures have been found very useful in grade stabilization, retention of spoil particles, reduction in slope, retention stabilization, retention of spoil particles, reduction in slope, retention of run off and establishment of vegetationof run off and establishment of vegetation

Biological MeasuresBiological Measures

• Biological measuresBiological measures• It is very necessary and important to put the land to productive use It is very necessary and important to put the land to productive use

(agriculture, agro-forestry, forestry or recreation) and to maintain (agriculture, agro-forestry, forestry or recreation) and to maintain aesthetic beauty, visual impact and ecology. Therefore, biological aesthetic beauty, visual impact and ecology. Therefore, biological measures with proper scientific techniques must be undertaken alone or measures with proper scientific techniques must be undertaken alone or with mechanical measures.with mechanical measures.

• Though biological measures are cheaper than the mechanical, but in Though biological measures are cheaper than the mechanical, but in certain situations they have to be adopted simultaneously depending certain situations they have to be adopted simultaneously depending upon the site and physiographic conditions. Techniques adopted must upon the site and physiographic conditions. Techniques adopted must have positive effect on soil properties and plant growth. have positive effect on soil properties and plant growth.

• Different geotextiles Different geotextiles viz. viz. Geojute, Netlon, Geo-cell, Geo-grid, Excelsior Geojute, Netlon, Geo-cell, Geo-grid, Excelsior matting, Wire mesh (in 2m x 4m strips) proved effective to arrest soil and matting, Wire mesh (in 2m x 4m strips) proved effective to arrest soil and to support vegetation on steep slopes (30-70%). Planting of soil binding to support vegetation on steep slopes (30-70%). Planting of soil binding shrub, herb and grass species performed well. shrub, herb and grass species performed well.

Impact of MeasuresImpact of Measures

• With continued biotic protection together with With continued biotic protection together with rehabilitationrehabilitation measures and protection against measures and protection against grazing and cutting of grasses and MPTs, the grazing and cutting of grasses and MPTs, the retrogression and erosion has come to stand still. retrogression and erosion has come to stand still.

• The vegetal cover increased from 10% to more than The vegetal cover increased from 10% to more than 80% due to reforestation over a period of 14 years. 80% due to reforestation over a period of 14 years.

(Source: Central Soil and Water Conservation Research and Training Institute, Dehradun and (Source: Central Soil and Water Conservation Research and Training Institute, Dehradun and Forest Research Institute, Dehradun)Forest Research Institute, Dehradun)

Conclusion• Any future effort in respect of search for sustainable development in the

Aravali Range should broadly take into consideration – resource potential in the region, – the demand of the products, and – the supply options

• Though the demand for the niche products existing in the Aravali Range will continue to grow, the supply options need to be given a closer look due to eco-sensitivity of the region.

• The environmental cost needs to be internalised in the cost of the product and there is need to limit the supply options. The Aravali range prevents the desert from spreading into Indo-Gangetic plains. So, all the future planning should not only concentrate to meet the ever growing demand of the products but due consideration should also be given to protect the chain.

• All the developmental activities should therefore be planned in a coherent manner and there should be integrated approach for sustainable development in the Aravali Region.

• Involvement of NGos & Community Organization with involvements of locals for creating awareness and in afforestation efforts to revive the economy

References

• CGWB’s Report on Mined Areas In Faridabad & Delhi , 2008

• CPCB Report on effect of pollution in Gurgaon District (Aravali area),2007

• Rehabilitation of mined areas in Mussoorie A report by CSWRTI and FRI, Dehradun CEC Reports

• Protection against Mining and Degradation of Land: Role of Judiciary ,Prof. Gurdeep Singh & Vibhas Kumar, 2008

• Times of India • Indian Express

References

• Discussions with CF, Gurgaon, Sh.R.P.Balwan

• Discussions with officials of CEC

• MOEF notifications

• Sc judgements on the issue