The Supreme Court upheld a Jharkhand High Court order restricting stone mining within 500 metres of forests. The apex court stressed the need to protect natural ecosystems like Jharkhand's, prioritizing forest preservation over commercial mining.
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 (JSPCB) 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.
SC Stresses Need to Protect Natural Ecosystems
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.
SC on High Court's Powers
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their case and sought permission to withdraw the plea, the Court allowed the request and dismissed the matter as withdrawn.
Jharkhand HC's 'Precautionary Principle' Order
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.
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