Can Stone Crusher Units Operate In Eco-Sensitive Zones? Supreme Court Allows Issue To Be Raised In Kerala HC
The difficulty whether or not a stone crusher unit can function within the Eco Delicate Zones (ESZ) notified round protected forests might be raised earlier than the Kerala Excessive Court docket, the Supreme Court docket noticed just lately, whereas permitting the withdrawal of a petition.
A bench comprising Justice KV Viswanathan and Justice NK Singh was listening to a particular go away petition filed by M/s Alankar Granites difficult the order of the Kerala Excessive Court docket, which vacated its earlier keep on the cease memos issued in opposition to the stone crushing unit.
On June 27, the Court docket right now permitted the petitioner to withdraw the plea and transfer the Excessive Court docket.
Earlier, the bench had sought the help of the amicus curiae within the forest batch matter (TN Godavarman Thirumalpad case) on contemplating the difficulty whether or not stone/steel crusher models can function inside the ESZ notified round protected forests.
The order recorded the next:
“After arguing for a while Mr. S.P. Chaly, discovered senior counsel submits that he needs to withdraw the particular go away petition with liberty to boost all contentions earlier than the Excessive Court docket, together with the truth that the exercise of stone crushing is just not a prohibited exercise and that in any occasion the placement of the petitioner’s unit is past the notified space.
We allow the discovered senior counsel to boost all these contentions within the writ enchantment.”
In the course of the listening to, Sr Advocate Shaji P Chaly, showing for the petitioner emphasised that there is no such thing as a closing notification declaring the Chulannur Peafowl Sanctuary as a Wild Life Sanctuary.
He added that the petitioner’s stone crushers are positioned at a distance of 1.6 Kms from the ESZ space. Sr Adv Okay Parameshwar appeared because the amicus within the matter.
The petitioner, the proprietor of a crusher unit primarily based in Kerala, has contended that the restrictions imposed by the Supreme Court docket in ESZ areas wouldn’t apply to crusher models since they don’t seem to be indulging in quarrying operations.
Chaly contended that the prohibition on mining actions in ESZ wouldn’t apply to crusher models. “It’s only a crushing unit bringing metals from outdoors. And solely crushing is finished,” Chaly submitted. He additionally contended that the unit was not falling inside the ESZ space.
In June 2023, a single bench of the Excessive Court docket dismissed the unit’s problem in opposition to the cease memos, relying upon the instructions handed by the Supreme Court docket in 2022 and 2023 within the Godavarman case that “any exercise, which is prohibited by each the rules in addition to the ESZ notification shall strictly be prohibited.” In writ enchantment, the division bench handed an interim order within the unit’s favour, staying the cease memos. Nevertheless, in Could 2025, the keep order was vacated by the division bench. Though the unit was at a distance of 1.6 KM from the Choolannur Pea Fowl Sanctuary, contemplating that there was a proposal to declare the realm as a wild life sanctuary, the division bench handed the order. The division bench directed the authorities to cease the operation of the unit.
Case Particulars : M/S ALANKAR GRANITES v THIRUVILWAMALA GRAMA PANCHAYAT AND ORS.| SLP(C) No. 16999/2025
