Supreme Court Upholds 5-Kilometre Mining Ban Around Chittorgarh Fort to Protect Heritage Monument

In a important decision, the Supreme Court of India has reaffirmed the importance of preserving national heritage monuments, especially in the face of industrial development challenges. The bench, comprising Justices Sanjiv Khanna and S.V.N. Bhatti, ruled to continue the prohibition of mining activities using explosives within a five-kilometre radius of the historic Chittorgarh Fort.

The court, in its judgment, emphasized the significance of the Chittorgarh Fort, stating, "The Chittorgarh Fort represents the quintessence of a tribute to nationalism, courage, medieval chivalry, and sacrifice." This decision is seen as a balancing act between the need for mineral exploitation and the preservation of cultural heritage.

The case arose from a dispute involving Birla Corporation Limited and local activists, highlighting the conflict between limestone mining activities and the preservation of the fort, a UNESCO World Heritage Site. The court noted the potential harm to the monument's structural integrity due to nearby mining activities, especially blasting operations.

In reaching its decision, the Supreme Court considered detailed reports from the CSIR-CBRI, Roorkee, and the Indian Bureau of Mines. These studies assessed the impact of mining activities on the fort, concluding that vibrations from blasting were within permissible limits. However, the court underscored the need for continuous monitoring and further studies using advanced technology.

The Supreme Court has directed the establishment of a multidisciplinary committee to conduct a comprehensive environmental impact assessment. The committee will focus on the impact of mining operations beyond the five-kilometre prohibited radius and will use advanced technological methods for this assessment.

This ruling has been welcomed by conservationists and historians, emphasizing the court's role in safeguarding India's rich cultural heritage. The mining industry, while acknowledging the need for environmental protection, is seeking clarity on the operational aspects of the judgment.

The Supreme Court's decision marks a significant step in the ongoing effort to balance industrial development with cultural and environmental preservation. The outcome of the further studies and assessments will be crucial in shaping the future of mining operations in proximity to heritage sites across India.

Date of Decision: 12th January 2024

BIRLA CORPORATION LIMITED THROUGH ITS MANAGING DIRECTOR VS BHANWAR SINGH AND OTHERS