Atal Setu Is India's Premier Infrastructure Project, Cannot Be Risked Due To Stone Crushing & Blasting: Bombay High Court

The Bombay High Court recently said that the Mumbai Trans Harbour Sea Link alias Atal Setu is one of India's premier infrastructure projects undertaken after incurring expenditure of thousands of crores and thus it cannot be put to risk due to operations of stone crushing and blasting near the bridge.

Single-judge Justice Sandeep Marne therefore, upheld the June 28, 2024 order passed by the Sub-Divisional Magistrate, Panvel ordering closure of these stone crusher plants, under section 133 of the Criminal Procedure Code (CrPC) on the ground that the operations near the Atal Setu have resulted in cracks on the bridge.

The bench noted that the order was passed by the SDM on a letter written to him by the Commissioner of Mumbai Metropolitan Region Development Authority (MMRDA) and the District Collector, in December 2023, April and May 2024, highlighting the fact that the activities of stone crushing and blasting was endangering the structural stability of the Atal Setu.

"Trans Harbour Sea Link (Atal Setu) 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. Apart from the apprehended danger to the structure of the bridge, what is also important is the concerns expressed about possible cause of injury to health of passengers using the Link," Justice Marne said in the order passed on August 12.

All that the SDM is doing at this juncture, Justice Marne noted, is to examine whether the activities at Petitioners' plants are causing injury to health of passengers or risk to the structural stability of the Trans Harbour Link.

"In my view therefore the powers under Section 133 have been validly exercised by the Sub-Divisional Magistrate," the judge held.

The order came on a bunch of petitions challenging the SDM's order to close down the activities going on near the Atal Setu site. The MMRDA had pointed out that the activities were not only endangering the structural stability of the Atal Setu but also affecting the environment and further pose a risk as there is a food court, proposed to be constructed near the toll collection centre on the bridge.

The petitioners argued that the authorities did not follow the due procedure prescribed under the CrPC for such an action and that they were operating on the basis of the 'Consent to Operate' granted to them by the Maharashtra Pollution Control Board (MPCB).

However, the State pointed out that the June 28, 2024 order were only interim and not final as the State is in the process of appointed an Expert Committee under the Indian Institute of Technology, Bombay (IIT-B), which will examine the impact of the stone crushing and blasting activities on the structural stability of the bridge and only then final order will be passed.

Taking the same on record, the bench dismissed the petitions.

Appearance:

Senior Advocate Anil Sakhare along with Advocate Sanket Thakur appeared for the Petitioner.

Public Prosecutor Hiten Venegaonkar along with Assistant Public Prosecutors Shilpa K. Gajare- Dhumal, Shilpa G. Talhar and Anuja Gotad represented the State.

Advocates Jitendra Jagtap, Eshikaa Sood & Maria Shaikh appeared for MPCB

Case Title: Shridhar Kashinath Bhagat vs Sub-Divisional Magistrate (WP/3140/2024)