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228 (CNR No: PHHC010400482026)

VIJAY AND ANOTHER Vs UNION OF INDIA AND OTHERS Present :- Mr. V.P.Sangwan, Advocate for the petitioners.

Mr. Ashish Rawal, Advocate for respondent -UOI.

Mr. Deepak Balyan, Addl. A.G., Haryana.

Mr. Puneet Bali, Senior Advocate with Ms. Niharika Mittal, Advocate for respondent No. 9.

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1. This petition has been filed challenging the mining rights created in favour of the private respondent on the ground that the period of mining lease expired in January 2026. Replies have been filed by respondents as per which the mining lease is to be continued till 02.01.2027. The Deputy Commissioner has filed an affidavit stating that mining is being undertaken strictly as per the relevant rules and within the areas included in the mining plan.

2. We have heard counsel for the parties and perused the materials on record along with the reply filed by respondents.

3. A drone survey report has also been placed on record, which prima facie indicates that the mining area forms part of the Aravalli Hills. Except for the mining area, all areas surrounding the leased land have green forest cover.

4. Before we proceed to pass any orders in the matter, we would like to be satisfied that the predominant public interest in preserving the Aravalli Hills is being ensured by the authorities while allowing mining to be undertaken by the respondents. Even though the petitioner does not appear to be serious about pursuing the matter any further, we nevertheless prima facie find that issues of significant public interest arise in the matter, warranting careful consideration by this Court. This is all the more so, as the petitioner has asserted that the area covered by the mining lease is recorded in the revenue records as Gair Mumkin Pahaad. The revenue entries also support our prima facie view that mining area forms part of Aravalli Hills, which ought to be preserved.

5. Before we proceed further, we call upon the Deputy Commissioner, Charkhi Dadri to file a further affidavit clearly specifying as to whether the mining area forms part of the Aravalli Hills and whether any mining could have been legally permissible in such area or not. We also appoint Shri Jatin Bansal, Advocate as Amicus Curiae to assist the Court in the present matter. The Registry shall furnish complete set of records to Shri Jatin Bansal, Advocate.

6. List on 11.11.2026. (ASHWANI KUMAR MISHRA)

CHIEF JUSTICE (ROHIT KAPOOR)

28.10.2026 JUDGE Kavneet Singh