In a significant development related to industrial activity in eco-sensitive areas, the Supreme Court recently allowed M/s Alankar Granites to withdraw its Special Leave Petition (SLP) and raise legal challenges before the Kerala High Court. The case involved questions about whether stone crushing units can operate within Eco Sensitive Zones (ESZ) near protected forest areas.
The matter was heard by a bench comprising Justice K.V. Viswanathan and Justice N. Kotiswar Singh in M/s Alankar Granites v. Thiruvilwamala Grama Panchayat and Ors., SLP(C) No. 16999/2025. The petition challenged a High Court decision that vacated an earlier stay on stop memos issued against the unit.
Earlier, the Supreme Court had sought the assistance of amicus curiae in the T.N. Godavarman Thirumulpad forest conservation matter to determine whether stone or metal crusher units can legally function within notified ESZs.
The order of the Court recorded:
“After arguing for some time Mr. S.P. Chaly, learned senior counsel submits that he wants to withdraw the special leave petition with liberty to raise all contentions before the High Court, including the fact that the activity of stone crushing is not a prohibited activity and that in any event the location of the petitioner’s unit is beyond the notified area. We permit the learned senior counsel to raise all these contentions in the writ appeal.”
During the proceedings, Senior Advocate S.P. Chaly, appearing for the petitioner, argued that there is no final notification declaring the Choolannur Peafowl Sanctuary as a wildlife sanctuary. He further submitted that the petitioner’s unit is located 1.6 kilometers away from the ESZ area.
Additionally, Chaly stressed that the stone crushing activity is not prohibited, pointing out that the unit merely crushes stones brought from outside, and does not engage in mining or quarrying operations.
“It is only a crushing unit bringing metals from outside. And only crushing is done,” he submitted.
Senior Advocate K. Parameshwar appeared as amicus curiae in the matter to assist the court with legal clarity surrounding ESZ restrictions.
Background
The crusher unit faced legal hurdles beginning in June 2023, when a single-judge bench of the Kerala High Court dismissed its petition against stop memos. That decision relied heavily on directions passed by the Supreme Court in 2022 and 2023 in the Godavarman case, which clarified that:
“Any activity, which is prohibited by both the guidelines as well as the ESZ notification shall strictly be prohibited.”
Subsequently, in a writ appeal, a division bench of the High Court issued an interim stay in favor of the unit. However, this stay was later vacated in May 2025, leading to a directive for the authorities to halt the unit’s operations. The division bench based its ruling on the proximity of the unit (1.6 KM) to the proposed sanctuary and the broader objective of ecological preservation.
The unit has now been permitted to approach the High Court afresh with its contentions, including that it is not operating within the ESZ and is not engaged in any prohibited activity under applicable environmental laws.
Legal Significance
This development leaves the door open for a detailed judicial examination of whether stone crushing operations, when located outside the notified ESZ and not involving quarrying, fall under the restrictions imposed by the Supreme Court’s ESZ rulings.
The case will now be re-evaluated by the Kerala High Court, where the petitioner is allowed to raise all relevant contentions.
