R.P.SETHI,J.

1. In pursuance to the directions given by the Supreme Court in M. C. Mehta V/s. Union of India (1992) 3 SCC 256, Government of Haryana issued notification dated 4-8-1992 wherein it was declared that the State Government was of the opinion that the stone crushers units in the State of Haryana have been causing grave air pollution and hazards to traffic and human health, which necessitated that they be not located Within the parameters as laid down in the Haryana Government Notification dated 9-6-1992. On 18-12-1992 respondent-Government again issued notification whereby earlier notification dated 9-6-1992 was amended and new parameters were prescribed. As despite judgment from the Supreme Court and notification issued in consequence thereof, stone crushers were not shifted from Naurangpur village, district Gurgaon, the petitioner filed this writ petition in public interest for issuance of direction to the respondents to close stone crushing business in village Naurangpur, District Gurgaon with immediate effect and shift their business to the area earmarked for the purpose of stone crushing.

2. It is submitted that on account of non-shifting of the stone crushers to the alternative site provided by the Government, the respondents-stone crushers are causing health hazards and obstacles in the life of common citizen in general and residents of the village in particular. It is alleged that the living condition of the village where stone crushers are located, is not safe. The dust which comes out of the machines which on breaking of stones causes tuberculosis resulting in loss of lives of the residents of the village. It is contended that air due to dust created by the stone crushers causes pollution and after it is breathed by the residents of the village, breathing problems are created on account of infection of the lungs.

3. While admitting this petition to D.B., respondents Nos. 3 to 7 were restrained from carrying on any stone crushing business at the premises which fall within the radius of 1 kilometer from the village abadi on the ground that they did not have any license/ permission from the State Government and yet they were continuing the stone crushing business within the radius of 1 kilometer from the village abadi.

4. In the reply filed on behalf of respondents Nos. 1 and 2, it is submitted that the grievances projected in the writ petition were under active consideration of the Government and investigations were being made as to whether, stone crushers mentioned in the petition, being respondents Nos. 3 to 23, were meeting the parameters of the notifications dated 9-6-1992 and 18-12-1992 or not. In case any of the stone crushers were found to be not meeting the parameters of the aforesaid notifications, appropriate action would be token as per provisions of Air Act, 1981. It is submitted that in the notification dated 9-6-1992, siting parameters for location of the stone crushers were fixed whereas in the notification of 4-8-1992, areas for stone crushing were identified. It is, however, submitted that stone crushers were allowed to function up to 8-12-1992. On the representation of the owners of stone crushers, extensions were granted from time to time. It is contended that the villages are not suffering from any ailment due to running of the stone crushers as the normal wind direction is away from the village. It is further submitted that mast of the stone crushers are located near foothills away from the village. All the stone crushers are stated to have been provided proper air pollution control measures like covered sheds and sprinklers on all emission points including those stone crushers which are not meeting siting criteria.

5. In their reply, respondents Nos. 3, 5, 6 and 7 have submitted that the petition was liable to be dismissed as Director, Mines and Geology why is licensing authority, had not been impleaded as party respondent in the case. The petition is alleged to be not maintainab