1. An order passed by the Jammu and Kashmir Pollution Control Board, whereby the petitioner has been called upon not to carry on the activity of stone crushing in the area in which he is so carrying on is the subject matter of challenge in this petition.

2. A notice regarding the above action was issued by the respondents on 16th November 99.

3. The learned counsel for the petitioner submits that he is carrying this activity in pursuance of the permission granted by the Industries department in the year 1981. This has been placed on the record as Annexure-A. It is thus submitted that once this permission is granted, no impediment can be created by the Board in question and the petitioner cannot be called upon to stop the stone crushing activity.

4. The first declaration on the subject where the Supreme Court intervened and called upon the State authorities to see that stone crushing units do not disturb the ecological balance is reported as MC Mehta Vs. Union of India, (1092) 3 SCC 256. In pursuance of this decision, the State authorities in various parts of the country took steps with a view to see that the air pollution which is caused on account of stone crushing is minimized and this activity is undertaken in a manner that the residential areas are not affected by it. As to how much damage is caused by stone crushers is a matter on which a Division Bench of Punjab and Haryana High Court in the case of Ishwar Singh Vs. State of Haryana, AIR 1996 Punjab and Haryana 30, observed as under: -

..We have investigated the health problems due to the pollution caused by stone crushers in Panchkula and Surajpur areas of Haryana, in a pilot fashion. We have examined the health status of 307 subjects working at the sites, as well as residents of the nearby area of several stone crushers. We found a significantly high prevalence of respiratory (44.6%) and gastrointestinal (30.2%) problems. Needless to say that the problems are similar for other places as well. The issue of health effects of environmental pollution is very important. We are aware that stone crushers are required in the overall development of the State and the Society. But a balance has to be struck between the needs of the industry, (sic) increased costs and due to measures to minimize the health hazards; versus the issues of, human health and esthetic values. Considering the fact that health is the supreme goal, it is essential to achieve the same. Some of remedial measures and educational steps which may help in minimizing the health risk, have been suggested in this report.

The air we breathe, is a mixture of nitrogen and oxygen with minor constituents like carbon dioxide and trap gases. Pollutants in the air e.g. dust, smoke industrial and automobile exhaust, gaseous and paniculate matter. Nature and amount of these pollutants vary from place to place depending upon pollution, vehicular density, location of industrial units etc. Lungs are the major organs affected by the air pollution because of the direct contact of the respiratory track with outside atmosphere 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. Exposure to many of the occupational and environmental pollutants can precipitate and/or aggravate asthma. Organic matter/dusts can also cause other allergic reactions producing allergic alveoli is. Inorganic dusts may get deposited in the lungs and produce fibro-sis. This produces reparatory disability and decreased work efficiency. While anthracosis is common in coal miners, silicosis occurs in those exposed to the silica dust namely the workers involved in mining, pottery work and sand blasting. Exposure, to dust may lower the lung defences and clearing mechanism, resulting in infections particularly tuberculosis. Some such occupational exposures may cause lung cancer as well. Stone crushing is an important occupation in

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