The judgment establishes the principle that the right to carry on business is subject to reasonable restrictions in the interests of public welfare and environmental protection. It also emphasizes the obligation of enterprises engaged in hazardous activities to ensure the safety of the community.

( 1 ) THE air we breathe, is a mixture of nitrogen and oxygen with minor constituents like carbon dioxide and trap gases. Pollutants are substances which are not normally present in the air. Pollutants in the form of dust, smoke, industrial and automobile exhaust, gaseous and particulate matters, though not normally expected to be present, yet are found in the air. Nature and amount of such pollutants varies from place to place depending upon population, vehicular density and location of industrial units etc. Lungs are the major organs affected by the air pollution. The spectrum of functional and pathological reactions of the lungs to various exposures is wide. Chronic bronchitis and airways obstruction is the result of long term exposure to air pollution. Organic matters including dust can cause the allergic reactions producing allergic alveolitis. Inorganic dust may get deposited in the lungs and produce fibrosis. Exposure to dust may lower the lung defences and clearing mechanism, resulting in infections particularly tuberculosis. Such occupational exposures may also lead to causing lung cancer as well. Such hazardous effects on health are likely to be caused on account of the air pollution which is caused due to stone crushing. By stone crushing a lot of thick dust is generated polluting the environment, visible dust contains particles more than 50 u in diameter which settle down in the nose and pharynx. Similar particles of 5-10 u size remain suspended in air and are inhaled deeper. Such particles are deposited in the tracheo-bronchial tree and lung parenchyma which is likely to induce fibrosis.

( 2 ) ). The above effects of air pollution caused due to stone crushing were noticed by high power committee appointed by the Environment Department, Government of Haryana. The report of the Committee was based on the investigations conducted by Dr. S. K. Jindal, Additional Professor and Head of Department of Pulmonary Medicine and Dr. Kartar Singh, Additional Professor and Head of the Department of Gastro-enterology, Post-Graduate Institute of Medical Education and Research, Chandigarh. The Committee had investigated the health problems due to pollution caused by stone crushers scattered in various parts of Haryana. They examined the health status of 397 subjects working at the sites as well as the residents of the nearby areas and several stone crushers. They found significantly high prevalence of respiratory (46. 60%) and gastro-intestinal (30. 20%) problems.

( 3 ) IN the backdrop of what has been noticed hereinabove, we are called upon to decide the effect of unplanned stone crushing being carried out in the State of Karnataka, upon the health of the people of the State. In the absence of any positive response from the State Government we also propose to indicate the safeguards for the health and safety of the people while protecting the interests of the persons involved in the trade of stone crushing. It is regrettable that despite our insistence and observations made from time to time during the pendency of the proceedings, the State Government has not taken any positive step in the direction and rather adopted a callous attitude towards the issue involved.

( 4 ) IN their writ petition, the petitioners had prayed for quashing of the consent No. 102/kspcb/apc/ind/dk/deo-5/alo-2/97/227 by which the Karnataka State Pollution Control Board (hereinafter called the Board) was alleged to have conducted the proceedings culminating in the issuance of the consent order for carrying on the stone crushing operation by the 3rd respondent in Sy. No. 96/1 of Mantradi village, Karkala Taluk. The petitioners who are agriculturists have alleged that with the carrying on of the proposed stone crushing business their crops would be adversely affected and that their health and the health of others in the area would be exposed to diseases on account of the pollution caused by the stone crushers. They apprehend that with the commis