Months after Himachal Pradesh HC quashed ESZ notification around Simbalbara park, stone crushers resume operations

In the meantime, the quashing of the notification, which bans certain activities including mining, operations of stone crushers within 10km radius of the national park, has had a direct impact on mining-related activities in the area.

Nearly five months after the Himachal Pradesh High Court quashed the Eco-Sensitive Zone (ESZ) notification around the Col Sher Jung National Park Simbalbara in Sirmaur citing ‘procedural lapses’ and ‘lack of consultations’ with local residents, the state government is yet to take a final decision on whether to challenge the judgment or initiate the process for notifying a fresh ESZ around the protected area.

In the meantime, the quashing of the notification, which bans certain activities including mining, operations of stone crushers within 10km radius of the national park, has had a direct impact on mining-related activities in the area. At least two stone crushers that had stopped functioning after the declaration of the ESZ in 2022 have resumed operations, The Indian Express has learnt.

The Ministry of Environment, Forest and Climate Change (MoEFCC) had issued the notification declaring an area of 31.24 sq km, encompassing 19 villages across three Gram Panchayats, Bhatanwali, Patalia, and Behral as ESZ of the national park on January 13, 2022 on the recommendation of the state government.

One stone crusher out of two is located around 50 metres from the bank of the Batta river, a tributary of the Yamuna, at village Surajpur in the Paonta Sahib area. A visit by The Indian Express found the unit operating, with tractor-trolleys and trucks transporting material to and from the site. A temporary kutcha road has also been created close to the riverbank to facilitate the movement of heavy vehicles towards the crusher. Another stone crusher, which also resumed functioning, is near village Sattipur and in the vicinity of river Yamuna. Both the stone crushers – falling within the ESZ area – had stopped functioning and their permits were withdrawn till the further orders following the notification of ESZ

Officials in the Mining Department, however, said the resumption of the units followed the legal position arising from the quashing of the ESZ notification. A senior mining officer said there were “technicalities” involved in permitting the stone crushers to resume operations. “These stone crushers existed much before the declaration of the Eco-Sensitive Zone of the national park in January 2022. The ESZ was notified in 2022, following which the Forest Department imposed restrictions on mining activities and the functioning of stone crushers falling within its limits in 2023,” the officer said.

“After the High Court quashed the notification, the affected stone crushers applied for resumption of operations and were allowed to function accordingly in June,” the officer added. Sirmaur District Mining Officer Sarit Chander confirmed that the stone crushers had been permitted to resume operations. “The stone crushers were allowed to function as per the rules and in the absence of the ESZ, as the earlier notification has been quashed. They were allowed to resume their services in the months of May-June respectively,” Chander told The Indian Express.

A forest department official said, “The Geological wing of Department of Industries has intimated us about the stone crushers, which were stopped operating following our intervention, in 2023. Our correspondence with Geological wing is going on. Indeed, stone crushers have started operating again.”

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PCCF and Chief Wildlife Warden Alok Prem Nagar said he was aware of the High Court’s decision but was not immediately aware of the latest developments concerning activities in the area following the quashing of the ESZ notification. “I am not aware about the recent developments pertaining to the ESZ of the Simbalbara National Park, but I will definitely look into this matter. The issue of quashing of the ESZ is in my knowledge,” he said. Nagar underscored the importance of the protected area from the wildlife-conservation perspective. “The Simbalbara landscape and national park is particularly significant because vulnerable wildlife, including tigers, has been reported from the area”, he said. He also described the area as an important wildlife corridor, particularly for Asiatic elephants moving between Uttarakhand and Haryana through the Simbalbara landscape and vice versa.

The dispute over the Simbalbara ESZ reached the High Court after residents and three Gram Panchayats – Bhatanwali, Patilia and Behral – challenged the notification issued by the Union Ministry of Environment, Forest and Climate Change in 2024. On April 16, 2026, a Division Bench quashed the notification dated January 13, 2022, under which areas falling around the Col Sher Jung National Park Simbalbara had been declared an Eco-Sensitive Zone. The petitioners had challenged the ESZ notification on the grounds of procedural lapses and lack of stakeholder consultation.

The court held, “We are of the considered opinion that in view of nature of the impact of declaration of Eco-Sensitive Zone on the residents of the area, the procedure provided in the Guidelines for declaring Eco-Sensitive Zone is mandatory in nature so as to avoid any inconveniences nad hardship to interests of the residents of the area. In the present case, respondents have miserably failed to follow the prescribed procedure. We are of the considered opinion that impugned notification is liable to be quashed, and accordingly, the same is quashed and set aside.”

The ESZ covered an area of 31.24 sq km, encompassing 19 villages across three Gram Panchayats, Bhatanwali, Patalia, and Behral. The objective was to create a buffer zone to protect the park’s fragile ecosystem by regulating human activities. The notification imposed a ban on several environmentally harmful activities, including commercial mining, stone quarrying, and crushing units; establishment of polluting industries (red category); hydroelectric projects; brick kilns and saw mills; use or handling of hazardous substances; discharge of untreated waste into natural water bodies, etc. However, limited extraction of resources for local domestic needs was permitted. Certain activities were allowed but subject to strict regulation: Construction activities, especially near the park boundary; establishment of hotels and resorts; tree felling (with prior permission); and small-scale industries. No new commercial construction or hotels were allowed within 1 km of the park boundary, except for limited eco-tourism structures.

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Saurabh Parashar is an Assistant Editor at The Indian Express, primarily responsible for the publication’s coverage of Himachal Pradesh. He is a seasoned journalist with over 17 years of experience in print media, specializing in crime, legal affairs, and investigative reporting. Professional Background Education: He holds a Master’s degree in Mass Communication from Guru Jambheshwar University of Science & Technology (Hisar) and a Law degree from Himachal Pradesh University (HPU), Shimla. This legal background significantly informs his reporting on complex judicial and administrative matters. Career Path: Before joining The Indian Express in 2017, he spent 12 years with The Times of India. Core Beats: His primary focus is the socio-political landscape of the hill state, with a specific emphasis on the environment, forest conservation, drug menace (specifically "Chitta"), affairs related to tribal and archaeology and the unique challenges of governance in high-altitude regions. Recent Notable Articles (Late 2025) His recent reporting highlights the critical intersection of policy, law, and social safety in Himachal Pradesh: 1. "Himachal’s battle against Chitta: Why the border areas are most vulnerable" (Late 2025): An investigative look at the transit routes from Punjab and the impact on local youth. 2. "Shimla ropeway clears key hurdle as 820 trees face the axe :According to the Forest Survey of India’s 2021 assessment, 47.21 percent of Shimla’s 5,131 sq km geographical area is under forest cover (Nov 17, 2025). 3. "Himachal to handover 2.7427 ha of non-forest land for Shimla Ropeway: Given the land’s non-forest nature, RTDC and the state will not require permission from MoEFCC" (Nov 18, 2025) 4. "How the centuries-old Jodidara tradition is fading in Himachal’s Trans-Giri region: Jodidara: a form of fraternal polyandry—has long been part of Hatti tribal culture in the Trans-Giri region of Himachal Pradesh and adjoining Uttarakhand. It is believed to have evolved to prevent division of ancestral land and maintain unity among brothers in the harsh, mountainous terrain" (Aug 18, 2025) Legal & Agricultural Affairs "Kisan Sabha hails SC’s setting aside Himachal HC order to remove orchards from forest land" (Dec 18, 2025): Covering a major Supreme Court victory for farmers, where a High Court order to remove fruit-bearing apple orchards was overturned. "Himachal Cabinet nod to new tourism policy; focus on home-stays in tribal areas" (Dec 11, 2025): Detailing the legislative push to decentralize tourism and bring economic benefits to Lahaul-Spiti and Kinnaur. 3. Governance & Environment "Forest rights and development: Why Himachal is seeking more leeway from Centre" (Dec 19, 2025): Reporting on the legal hurdles faced by the state in infrastructure projects due to the Forest Conservation Act. "Cloudbursts and resilience: How Himachal’s remote villages are building back better" (Nov 2025): Following up on the long-term rehabilitation efforts after monsoon-related disasters. Crime especially cyber crimes, crypto currency etc: crypto currency: "Agents in uniform, motivational speeches, lavish parties: How a Himachal crypto con went unnoticed:A serial conman, a ‘Nelson Mandela Nobel Peace Award winner', and retired policemen got together to pull off a Rs 1,740-crore fraud" (Nov 10, 2023) Signature Beats Saurabh is recognized for his tenacious reporting on the state's drug epidemic. His deep familiarity with the topography and tribal culture of Himachal allows him to report from remote locations like Spiti, Pangi, Shillai, which are often overlooked by national media. His legal expertise makes him a primary choice for covering the Himachal Pradesh High Court on issues ranging from local body elections to environmental PILs. X (Twitter): @saurabh_prashar . ... Read More

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