Need to preserve natural ecosystems: SC demurs on plea against HC order restricting stone mining in Jharkhand
New Delhi, June 18
Stressing the need to provide an extra layer of protection for the few States in India which have inherited lush green forests that function as natural ecosystems, the Supreme Court on Thursday refused to interfere with a Jharkhand High Court order which had restricted the Jharkhand State Pollution Control Board from granting consent for stone mining within 500 metres of forests and forest land and maintained a one-kilometre buffer around national parks and wildlife sanctuaries.
A bench of Chief Justice of India Surya Kant and Justice V Mohan verbally observed that there are a few States in India, such as Jharkhand, which serve as natural ecosystems and therefore require greater protection. Commercial mining activities, the Court said, must be strictly regulated as preservation of forests must take priority.
The Court observed that Jharkhand is one of the few States where natural ecosystems can still be effectively protected and that such natural paradises deserve preservation.
The Court was hearing a plea filed by the Jharkhand State Pollution Control Board (JSPCB) challenging an April 2026 order of the Jharkhand High Court.
The Supreme Court declined to interfere with the High Court's order, observing that it could not modify the decision merely because another view was possible.
The Court remarked that High Courts are constitutional courts exercising powers under Article 226, and there was no reason for the Supreme Court to routinely tell them what they should or should not say.
"They (HCs) are constitutional courts, and under Article 226, they have at times even more powers than us", the CJI remarked.
When counsel representing JSPCB submitted that such observations may prejudice their case and sought permission to withdraw the plea, the Court allowed the request and dismissed the matter as withdrawn.
In its April 16 order, the Jharkhand High Court had clarified that the one-kilometre eco-sensitive zone mandated by the Supreme Court in T.N. Godavarman Thirumulpad applies only to national parks and wildlife sanctuaries and not to all protected forests. At the same time, it refused to permit the JSPCB to enforce its 2015 and 2017 notifications, reducing the minimum distance for stone mining from 500 metres to 250 metres and for stone crushers from 400 metres to 250 metres.
The High Court found that the decision to reduce the buffer zone was based on an expert committee which did not include forestry experts and had merely relied on practices followed in other States without examining Jharkhand's own ecological conditions. It held that the notifications suffered from non-application of the mind and ignored relevant environmental considerations.
Applying the precautionary principle, the High Court restored the earlier norms requiring a 500-metre buffer for stone mining and a 400-metre buffer for stone crushers from forests and forest land until the final disposal of the PIL, while directing that the one-kilometre buffer around national parks and wildlife sanctuaries shall continue to be strictly enforced.
— ANI
Reader Comments
Important ruling. The precautionary principle is crucial - better to be safe than sorry. However, I hope the government provides alternative livelihoods for local communities dependent on mining. Balancing ecology and economy is tricky.
Finally some common sense! We have so few forests left in India, and Jharkhand still has dense green cover. The pollution board was clearly wrong to reduce buffer zones without proper ecological study. Justice for nature! 🙌
While I support environmental protection, the state should have challenged the HC order more strongly. Jharkhand needs mining revenue for development - tribal communities also need schools and hospitals. There must be a middle path.
The SC's point about High Courts being constitutional courts with extensive powers under Article 226 is well-taken. It's refreshing to see the apex court respect the autonomy of lower courts. Good constitutional practice.
I work in mining sector and understand the pressure for resources. But Jharkhand's forests are irreplaceable - once gone, they won't come back in our lifetime. The 500m buffer is reasonable. Mining companies need to innovate rather than lobby for relaxation.
The expert committee didn't even include forestry experts? That's shocking.
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