The Indian Supreme Court on June 26 sought legal opinion from the amicus curiae in the TN Godavarman Thirumalpad forest case on whether stone or metal crusher units can legally operate in areas notified as eco-sensitive zones (ESZ) around protected forests.
The matter came up during the hearing of a special leave petition filed by M/s Alankar Granites, a Kerala-based crusher unit. The unit approached the Supreme Court challenging the Kerala High Court order which had vacated the earlier stay on the stop memo issued against it.
The petitioner argued that the crusher unit is not engaged in quarrying operations, and hence, the restrictions imposed on mining or excavation within the ESZ should not apply to them. It was emphasised that the unit only crushes metals brought from outside and does not carry out any extraction activity.
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“It is only a crushing unit bringing metals from outside. And only crushing is done,” - senior advocate Shaji P Chaly for the petitioner.
A two-judge bench of Justices KV Vishwanathan and NK Singh heard the matter.
The crusher unit is located about 1.6 km from the Choolanur Pea Fowl Sanctuary. Even though it is technically located outside the notified ESZ, the area is proposed to be declared a wildlife sanctuary, which led the Kerala High Court to quash the interim protection granted earlier.
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In June 2023, a single judge bench of the Kerala High Court dismissed the unit's plea, citing the 2022 and 2023 judgments of the Supreme Court in the Godavarman case. The Supreme Court had earlier directed that:
“Any activity, which is prohibited by the guidelines as well as the ESZ notification, shall be strictly prohibited.”
Subsequently, a division bench of the High Court temporarily stayed the stay memorandum. However, in May 2025, that stay was revoked, directing the authorities to stop the unit's operations.
During the Supreme Court hearing, Justice Vishwanathan questioned the petitioner's claim:
“You are saying that there is no impediment to continue crushing activities?”— Justice KV Vishwanathan
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Advocate Chaly responded in the affirmative and said that government departments also depend on such crusher units for construction works.
After considering the submissions, the Supreme Court decided to seek the opinion of senior advocate K Parameshwara, who acts as amicus curiae in the Godavarman forest case.
The court has scheduled the next hearing day of the case on Friday, June 27, 2025.
Case : M/S ALANKAR GRANITES v THIRUVILWAMALA GRAMA PANCHAYAT AND ORS.| SLP(C) No. 16999/2025
