HC refuses relief to stone crushing factories that ‘caused cracks’ on Atal Setu
Four plant owners had approached the high court challenging the orders passed by the SDM on June 28, 2024, primarily contending that the Maharashtra Pollution Control Board (MPCB) had granted them permission to operate stone crushing units
MUMBAI: The Bombay high court has refused to interfere with orders issued by the sub-divisional magistrate (SDM), Panvel to temporarily shut stone crushing factories in Jasai village in Navi Mumbai that allegedly caused cracks on the Mumbai Trans-Harbour Link, also known as Atal Setu.
Four plant owners had approached the high court challenging the orders passed by the SDM on June 28, 2024, primarily contending that the Maharashtra Pollution Control Board (MPCB) had granted them permission to operate stone crushing units, which undertake asphalt mixing and crushing and washing of sand, crushed stone and grit powder. Apart from MPCB, the owners also obtained relevant no objection certificates and mining licenses.
The owners claimed that their plants do not cause any public nuisance or pose hazards to the bridge as they are not permitted to undertake blasting or use explosives; hence, the SDM could not have issued orders under section 133 of the CrPC.
Public prosecutor Hiten Venegaonkar responded saying the June 28 order was passed after the MMRDA expressed apprehension about blasting and other operations at stone crushing plants endangering the structural stability of the trans-harbour link and destroying the environment. Regular blasting activities would endanger the bridge as well as the proposed food mall near the plants, he said.
Venegaonkar noted that the orders were not final, and operations have been suspended till a committee of experts in consultation with IIT-Bombay submits its report on the issue. The authorities are in the process of appointing the committee of experts and final orders would be passed after considering the report and following due processes under sections 133 to 140 of the CrPC, he added.
The single judge bench of justice Sandeep Marne accepted the argument and dismissed the petitions after noticing that the SDM was only examining if the factories were causing injury to the health of passengers or posing risks to the structural stability of the trans-harbour link.
“In my view, there is no reason to doubt wisdom of the sub-divisional magistrate in initiating action under section 133 of the code after receipt of specific letter from commissioner, MMRDA in at least verifying the concern expressed relating to danger caused to the structural stability of the trans-harbour link as well as passengers travelling thereon,” the court said.
“In my view therefore the powers under section 133 have been validly exercised by the sub-divisional magistrate,” the court said on Monday while refusing any relief to the plant owners, especially after Venegaonkar assured the court that an endeavor would be made to complete the process of verification by experts in two months.
The court said the trans-harbour link is one of the premier infrastructure projects of the country, undertaken after incurring expenditure of thousands of crores of rupees. “Such a structure cannot be put at risk on account of operation or activities such as mining, blasting and stone crushing,” justice Marne said.