Upon hearing of a suo motu case In Re: Definition of Aravalli Hills and Ranges and Ancillary Issues (2025) by Supreme Court's 3-judge bench of bench of Chief Justice of India Surya Kant, Justice J.K. Maheshwari and Justice A.G. Masih passed a 9-page long order December 29, 2025, stayed Supreme Court's judgement dated November 20 2025 which accepted a new definition of the Aravalli hill ranges that the Union Environment Ministry proposed: that only hills above 100 meters above the local terrain be considered as the ‘Aravalli Hills and Ranges’.
The order dated December 29 concludes: "12. In the interim, to subserve the ends of complete justice and in the broader public interest, we deem it necessary to direct that the recommendations submitted by the Committee, together with the findings and directions stipulated by this Court in its judgment dated 20.11.2025, be kept in abeyance. This stay shall remain in effect until the present proceedings reach a state of logical finality, ensuring that no irreversible administrative or ecological actions are taken based on the current framework. 13. We further find it necessary, as a matter of abundant caution, to direct unequivocally, as set out in the order dated 09.05.2024, that until further orders, no permission shall be granted for mining, whether it is for new mining leases or renewal of old mining leases, in the ‘Aravalli Hills and Ranges’ as defined in the FSI Report dated 25.08.2010 without prior permission from this Court."
Notably, in T.N. Godavarman Thirumulpad vs. Union of India & Ors. ( I.A. No. 130612 of 2024 and I.A. No. 134904 of 2024 in W.P.(C) 202 of 1995. Order dated July 23, 2024) had directed the Government of Rajasthan to consider the proposals for renewal of mining leases granted for operations in the Aravalli hills/ranges, as identified in the Forest Survey of India (FSI) Report dated August 25, 2010.
The Court's order dated November 20 stated that “Those hills and ranges comprising rocks of the Aravalli Supergroup and Delhi Supergroup, which originated during the Palacoproerozoid to Mesoproterozoic, having a relief higher than 100 meters (+5 Meters) above the surrounding terrain, may be defined as ‘Aravalli Hills and Ranges’”. The new definition treats a landform as part of the Aravalli landscape only if it has at least 100 metres of elevation above the local relief (including the landform’s slopes and adjacent areas). The elevations of physical and geographical features are usually expressed in metres above mean sea level – and are not dependent on the terrain around them. The report of the committee that looked into this that justified this by noting that the use of elevation alone as a “sole criterion cannot suffice the purpose as taking the average elevation for defining Aravalli Hills and Ranges will lead to inclusion and exclusion error for selection of Aravalli Hills and Ranges in the four States”. This definition implies that at least 90% of the Aravallis will no longer be protected legally.
These goings on around Aravilli Hills reminiscent of the Patna High Court's anti-tree decision. In Tarumitra Through Shashi Darshan, Coordinator at Tarumitra & Anr. vs. The State of Bihar ,Through its Chief Secretary, Government of Bihar & Ors. (2022), Ptana High Court's Division Bench of Chief Justice Sanjay Karol and Justice S. Kumar delivered a 5-page long judgement dated September 19, 2022, wherein it concluded:"We are of the considered view that with the passage of time, the present petition can be closed for in pursuance to the direction issued by the Court, the respondent and more particularly the Forest Department (Municipal Limits, Patna) has taken effective steps for translocating the trees which were necessarily required to be felled for planned development of the city as is evident from the last affidavit dated 5th of September, 2022 filed by the Bihar State Pollution Control Board, a large number of trees stand translocated, the surviving rate is approximately 68%." The writ was filed on July 2, 2019 and registered on July 15, 2019. The second petitioner was Aruni Charitable Trust. Notably, its name appears only in the final judgement.
Although the High Court granted liberty to the petitioners to highlight the surviving grievances and the consequential issues which may arise for consideration of the authorities, there is nothing in public domain to show that the issue of continued killing and death of trees were brought to the attention of the authorities and the Court. In Bihar's capital district and region wanton destruction of the environment—manifests primarily through systemic ecological degradation, illegal resource extraction, and severe pollution.
The eight other respondents in Tarumitra case were: Building Construction Department Government of Bihar, Through its Principal Secretary, Department Environment Forest and Climate Change, Government of Bihar, Through its Principal Secretary, Patna Municipal Corporation Through its Commissioner, Bihar Urban Infrastructure Development Corporation Ltd. Through its Managing Director, Urban Development and Housing Department, Government of Bihar, Through its Principal Secretary, Bihar State Pollution Control Board Through its Chairman, Patna Smart City Limited Through its Managing Director, Patna Municipal Corporation, and Ministry of Environment Forest and Climate Change, Government of India, Through its Secretary.
The affidavit reads:- “7. That the committee again met on 30.12.2020 when on basis of filed report it was
suggested that survival rate of trees is 88%. The committee decided that some of the plantation activities can be done before next monsoon without waiting for all the constructions to be completed. 8. That on 25.08.2021 when the committee met next, the concerned Executive Engineer, Building Construction Department, Govt. of Bihar, informed that as on 25.08.2021 total of 344 trees had been translocated out of which 277 trees were surviving and as such survival rate was 80%. Further, it was informed that 260 new saplings were also been planted. 9. That the committee next met on 30.01.2022, when it was informed that total of 395 trees had been translocated, out of which 303 trees were surviving and as such survival rate was 76.71%. 10. That the DFO, Patna has also by his report dated 29.07.2020; 13.04.2021; 03.08.2021; & 22.08.2022 had informed the committee about the survival rate of the translocated trees. In the latest report dated 22.08.2022 it is informed that total 412 trees had been translocated out of which 281 are surviving and 131 had died, as such survival rate as on now is around 68%. 11. That a total of 451 trees were to be translocated, out of which 412 trees had been translocated. Further, in Ministers quarter area in addition to landscaping a total of 818 trees is proposed to be planted, out of which 324 trees had already been planted.”
Justice Karol who authored the judgement observed:"we close the present proceeding reserving liberty to the petitioner to highlight the surviving grievances, if any, as also the consequential issues which may arise for consideration of the authorities. We are hopeful that the authorities, being mindful of the ecological balance required to be maintained in the city, accounting for the environmental loss, shall take all steps on expeditious basis. As such the present petition stands disposed of reserving aforesaid liberty to the petitioner. Interlocutory Application(s), if any, shall stand disposed of."
In Civil Writ Jurisdiction Case No.14184 of 2019, its first order dated August 21, 2019 the High Court's Division Bench of Justices Shivaji Pandey and Partha Sarthy reads: "In the present case, Tarumitra, which is a registered Society, has filed this application making serious complaint that in the name of creation of multi-storied residential complex, the authorities are uprooting large number of green trees in Gardanibagh area, which would create great environmental problem in future. It has further been stated that the manner in which they are trans-locating the old trees, their survival is difficult and without sustaining forestry, it will be very difficult for human race to survive. Human population can not remain in proper shape in concrete jungle, but we also require forestry for the purpose of proper environment and ambiance. The allegation made in the present application is the manner green trees are being destroyed would bring catastrophe. It is required inclusive sustainable development, which also includes provision for urban forestry. Falling trees, ultimately, will affect the level of underground water and every year, it has been witnesses that the level of underground water is going down. In some areas, it has gone down much below causing serious problem in drinking water." Justice Pandey who authored the order directed the Union of India, State Government, Patna Municipal Corporation, Bihar Urban Infrastructure Development Corporation Limited and Bihar State Pollution Control Board to file their respective detailed counter affidavits. The Court concluded: "In the meantime, the standing tree will not be disturbed by uprooting or passively allow it to die."
In its second order dated January 28, 2020, the High Court's Division Bench of Chief Justice Karol and Justice Mohit Kumar Shah wrote:"Our order dated 21.08.2019 stands clarified that it shall be open for the State to proceed with the Project up to the stage of obtaining clearance from the State Environment Impact Assessment Authority, but however without the permission of the Court, no tree would be up-rooted or felled. As to whether up-rooting or fallen of tree is necessary or not, is the only issue which is left to be considered in the present petition, which we shall examine on the next date of hearing. List on 02.03.2020." The order was authored by Chief Justice Karol. He modified the interim order passed by Justice Pandey.
In Civil Writ Jurisdiction Case No.8939 of 2019 filed by Gaurav Kumar Singh, in High Court's third 6-page long order dated March 4, 2020 in Gaurav Kumar Singh vs. The Chief Secretary, Government of Bihar with Tarumitra vs. The State of Bihar, the Division Bench of Chief Justice Karol and Justice S. Kumar wrote:"Our attention is invited to the second supplementary counter affidavit dated 02.03.2020 sworn by Pawan Kumar, Executive Engineer, Construction Division-1, Building Construction Department, Patna, wherein it stands averred that the State Environmental Assessment Committee, in its meeting, held on 28.02.2020, has decided to issue environmental clearance in respect of construction site Gardanibagh Housing Area Development Work, Patna. From the counter affidavit filed on behalf of Bihar State Pollution Control Board, Patna, it appears that the Board has no objection to the development of the area as also the project. From the affidavit dated 11.09.2019 filed by Shri Pawan Kumar, it is apparent that the area, in question, is sought to be developed in terms of the order dated 26.07.2019 issued by the Department of Environment, Forest and Climate Change, Government of Bihar, as also its subsequent modification. The project is for construction of residential complexes of various agencies under the Government of Bihar. The residential quarters and bungalows are to be constructed by demolishing the existing construction as per the master-plan approved by the State Government without involving any change in the land use."
Justice Karol who authored the order added:"From the affidavit, it is also clear that the environmental clearance are either underway or have been proceeded by the authorities. The ‘Guideline for developing greenbelts 2000’ issued by the Central Pollution Control Board, also stands complied with. Under the proposed construction, approximately 365 numbers of trees are to be relocated and in lieu thereof 1119 new trees are to be planted. However, 384 trees are to be retained. At this juncture, we may also observe that way back in the year 1912, the land, in question, was acquired/earmarked for the purpose of Government quarters and offices. As such, the purpose is not to be changed/altered and is within the stipulations prescribed under the master-plan of Patna, 2031, as approved by the Government of Bihar in October, 2016. What the Government wants to do is to demolish the century old structures, thus far used for housing Government employees and instead of refurbishing the same, re-construction the area by building multi-storied apartments. Thus, the growth stipulated and postulated is vertical instead of horizontal. The project has complete provision for water conservation, recharge of ground water, disposal of garbage, maintenance of greenery, etc. Approximately, 20 per cent of the area of the land under the new
project is to be left as a green area with adequate parking space. Orally, we are informed by Shri Lalit Kishore, learned Advocate General that for redeveloping of 700 single storied Government houses as new modern residential complexes, process for issuance of tenders already stands completed and all environmental clearance will be obtained. The work is likely to be allotted to the successful bidder in the near future. As such, in our considered view, we see no hindrance in allowing the Government to proceed with the same."
Justice Karol further wrote:" there is one issue of public concern which needs attention/monitoring by the Court and that being as to how best and who would monitor the relocation/re-transplantation of the old trees as also afforestation of new trees. This, in our considered view, it can best be done with the monitoring of a committee of experts, including the learned counsels assisting the Court in these petitions.
As such, we constitute a Committee comprising of: (a) Conservator of Forest, Government of Bihar; (b) Chief Engineer, Building and Construction Department; (c) Member Secretary, Bihar State Pollution Control Board; (d) Secretary of State Environmental Impact Assessment Committee; (e) Shri Sarvesh Kumar Singh, AAG-13; (f) Shri Shashwat, Advocate; (g) Shri Deepak Kumar Singh, Advocate and (h) Ms. Binita Singh, Advocate. Needless to add, the State shall provide all facilities to the committee. The Conservator of Forest, Government of Bihar shall be the Chairman and the Member Secretary of the Bihar State Pollution Control Board shall be the Secretary of the Committee. We also notice that the State Government has its novel programme whereby has already planted 22.2 crores saplings in the State of Bihar. The Committee shall submit its report within a period of six months. List on 21.09.2020. It shall be open for the Government to proceed with the project and commence construction in accordance with law. Equally, it shall be open for the successful bidder to commence construction as per sanctioned plans."
In its fourth 2-page long order dated December 8, 2020, the same bench wrote:"We find the order dated 4th of March, 2020 has yet not been complied with. We are informed that the Committee has yet to prepare its report. Let needful be positively done within a period of four weeks from today, failing which the Members of the Committee shall remain present in Court through virtual mode. List on 19th of January, 2021."
In its penultimate order dated August 2, 2022, same bench wrote:"Let all the reports, including fresh evaluation report of the committee constituted by this Court in terms of order dated 04.03.2020 be filed within a period of four weeks from today. List this case on 6th of September, 2022."
The story of the felling and uprooting of 1000 trees and clearing of the forest land by the government in Gardani Bagh, Patna for the Patna Smart City Project is a story of institutional complicity in environmental destruction. There were approximately 1000 different variants of biomass in the plantation. It seemed impossible to transplant these rare species of biomass.
Notably, Tarumitra;s case was filed after Gaurav Kumar Singh's case which was filed on April 3, 2019 and registered on April 22, 2019. It was heard along with Tarumita's case on few occasions but its name does not appear in the final judgement dated September 19, 2019. But it was also disposed of on the same day (September 19, 2019) but by a separate but almost similar 5-page long judgement. Justice Karol who authored the judgement in Gaurav Kumar Singh's case as well observed:"we close the present proceeding reserving liberty to the petitioner to highlight the surviving grievances, if any, as also the consequential issues which may arise for consideration of the authorities. We are hopeful that the authorities, being mindful of the ecological balance required to be maintained in the city, accounting for the environmental loss, shall take all steps on expeditious basis. As such the present petition stands disposed of reserving aforesaid liberty to the petitioner. Interlocutory Application(s), if any, shall stand disposed of."
By now it is crystal clear that platitudes are inadequate to reverse ongoing environmental loss and ecocide.
Ecocide is a crime in 11 countries. Vietnam has codified ecocide in its domestic law. It became the first country to do so. Article 278 of the Criminal Code of Vietnam, 1990 states that “Those who, in peacetime or wartime, commit acts of annihilating en-mass population in an area, destroying the source of their livelihood, undermining the cultural and spiritual life of a country, upsetting the foundation of a society to undermine such society, as well as other acts of genocide or acts of ecocide or destroying the natural environment, shall be sentenced to between ten years and twenty years of imprisonment, life imprisonment or capital punishment.”Some 30 countries are contemplating similar legislation." It is apparent that it drew environmental lessons from its war with USA which had used Agent Orange, a chemical weapon based on Dioxins, a persistent organic pollutant.
Under Article 358 of the Criminal Code Russian Federation, 1996, ecocide is defined as “massive destruction of the fauna and flora, contamination of the atmosphere or water resources, as well as other acts capable of causing an ecological catastrophe, constitutes a crime against the peace and security of mankind".
Under Article 161 of the Penal Code Kazakhstan, 1997, ecocide is defined as “mass destruction of the fauna or flora, pollution of the atmosphere, agricultural or water resources, as well as other acts which have caused or are capable of causing an ecological catastrophe, constitutes a crime against the peace and
security of mankind".
Under Article 374 of the Criminal Code Kyrgyzstan, 1997, ecocide is defined as “mass destruction of the flora and fauna, poisoning of the atmosphere or water resources, as well as other acts capable of causing an ecological catastrophe, is punishable by deprivation of liberty".
Under Article 400 of the Criminal Code Tajikistan, 1998, ecocide defined as “mass extermination of flora or fauna, poisoning the atmosphere or water resources, as well as other acts capable of causing an ecological catastrophe, constitutes a crime against the peace and security of mankind".
Under
Article 409 of the Criminal Code Georgia, 1999, ecocide is defined as
"Contamination of atmosphere, land and water resources, mass destruction
of flora and fauna or any other action that could have caused
ecological disaster - shall be punishable by imprisonment extending from
eight to twenty years in
length".
Under Article 131 of Criminal Code Belarus, 1999, ecocide is defined as “mass destruction of the fauna and flora, pollution of the atmosphere and water resources as well as any other act liable to cause an ecological disaster”.
Under Article 441 of Criminal Code Ukraine, 2001, ecocide is defined as "Mass destruction of flora and fauna, poisoning of air or water resources, and also any other actions that may cause an environmental disaster, - shall be punishable by imprisonment for a term of eight to fifteen years".
Under Article 136 of the Penal Code Republic of Moldova, 2002, ecocide is defined as “the deliberate and massive destruction of the fauna and flora, the pollution of the atmosphere or poisoning of water resources, as well as other acts capable of causing an ecological catastrophe, is punishable by deprivation of liberty".
Under Article 394 of the Criminal Code the Republic of Armenia, 2003 defines ecocide as "Mass destruction of flora or fauna, poisoning the environment, the soils or water resources, as well as implementation of other actions causing an ecological catastrophe, is punished with imprisonment for the term of 10 to 15 years".
The Courts in India seem oblivious of these developments in environmental law and jurisprudence.
Dr. Gopal Krishna
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