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The bench stated that until research is conducted by IIT or another institute to determine whether the cracks on the sea link are due to the stone crusher operations, the order would remain a preliminary one
The Bombay High Court has recently upheld the closure order of a stone crusher, noting that the Mumbai Trans Harbour Sea Link, also known as Atal Setu, is a premium infrastructure project of national importance.
"Trans Harbour Sea Link is one of the premier infrastructure projects of the Country undertaken after incurring of expenditure thousands of crores of rupees. It offers a crucial link for entry and exit to Mumbai City. Such a structure cannot be put to risk on account of operation or activities such as mining, blasting and stone crushing," the order reads.
A single judge bench of the High Court, comprising Justice Sandeep Marne, was hearing a petition filed by a stone crusher association challenging the order of the Sub-Divisional Magistrate directing the closure of stone crushers.
The petitioners argued that there was no evidence to show that their operations were causing damage to the sea link.
They also added that the closure would cause hardship to the people employed and result in financial losses.
Public Prosecutor Hiten Venegaonkar submitted that it was the state's duty to take measures to protect critical infrastructure. He further relied on reports indicating that the sea link was being affected by the petitioners' operations.
The bench stated that until research is conducted by IIT or another institute to determine whether the cracks on the sea link are due to the stone crusher operations, the order would remain a preliminary one.
"Thus, the order clearly indicates that the directions issued for closure of stone crushing plants are nothing but a pro-tem measure till the IIT, or other competent institute conducts inspection and verification and submits its report as to whether Petitioners’ stone crushing plants are really causing any damage to the Trans-Harbour Link or endangering lives of passengers travelling thereon. In that view of the matter, the orders dated 28 June 2024 are required to be treated as conditional orders or preliminary orders within Section 133 of the Code" the order states.
Case title: Shridhar Kashinath Bhagat & Ors vs SDO Panvel
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