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Sunder Singh & Anr. v. M/S Satish Kumar Garg and Company & Ors.

Civil Appeal · 2026 INSC 855Decided 29 Jul 2026
C.A. No.-011992-011992 - 2026
Justice Joymalya Bagchi · Justice V. Mohana

Background

A mining company held a 20-year mining lease over land in Haryana granted in 2002 for extracting quartz, felspar and barytes. The land was later identified as part of the "Aravalli Plantation" area earmarked for afforestation, so the Forest Department refused to renew the required No Objection Certificate (NOC) for mining. The company challenged this before the Punjab and Haryana High Court, which sided with the company, reasoning that since actual tree plantation had not been proven on this specific parcel, mining could proceed. Residents of a nearby village then appealed to the Supreme Court, concerned about ecological damage.

Decision Breakdown

The Supreme Court rejected the High Court's reasoning, holding that land officially earmarked for afforestation deserves the same legal protection as land where trees have already grown, otherwise, any gap in actually completing a plantation drive would open the door to mining on ecologically sensitive land. Since the disputed land was confirmed to be part of the identified Aravalli Project area, the Court set aside the High Court's order, upheld the Forest Department's refusal to grant the NOC, quashed the subsequent Environmental Clearance, and ordered the mining lease cancelled. It also directed the Haryana government to survey all Aravalli-earmarked land, identify any subsisting mining rights over it, and terminate them.

Lesson Learnt

Land designated for environmental protection or afforestation carries that protected status from the moment it is officially earmarked, not only once trees are actually standing on it: this closes a loophole that would otherwise let commercial activity exploit incomplete government conservation projects.

Official source (sci.gov.in)View Judgment (PDF)

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