Case Note & Summary
The case involved writ petitions filed against the owners of stone crushers for allowing pollution through stone-dust and smoke, adversely affecting the health of residents in South Delhi and bordering areas of Haryana. The petitioners sought a writ of mandamus to compel authorities to take action against pollution and provide medical facilities to affected individuals. The Supreme Court acknowledged the inevitable environmental changes due to industrial development but emphasized that such changes should not compromise public health. The court found that the Delhi Development Authority and other relevant bodies had failed in their statutory duties to control air pollution, resulting in Delhi being ranked as one of the most polluted cities globally. Consequently, the court ordered the immediate cessation of operations of stone crushers in specified areas, effective from August 15, 1992, and mandated that those without valid licenses or in violation of pollution control orders cease operations immediately. The court also directed the authorities to establish a new 'crushing zone' for the affected stone crushers and ensure compliance with these orders. The court kept the writ petition pending for monitoring compliance and scheduled a follow-up for August 5, 1992.
Headnote
A) Environmental Law - Air Pollution Control - Stoppage of Stone Crushers - Constitution of India, 1950, Article 32 - The court directed the stoppage of mechanical stone crushers operating in specified areas due to their contribution to air pollution and health hazards for residents. The authorities were found remiss in their duties to protect the environment, necessitating immediate action to ensure compliance with environmental standards (Paras 359-361).
Issue of Consideration
Whether the operation of mechanical stone crushers in certain areas should be stopped due to air pollution and health hazards.
Final Decision
The Supreme Court ordered the immediate cessation of operations of mechanical stone crushers in specified areas effective from August 15, 1992, and directed authorities to ensure compliance with environmental standards. The court also mandated the establishment of a new crushing zone for affected stone crushers and required a progress report by July 31, 1992.
Law Points
- Environmental law
- Air pollution control
- Statutory duties of authorities
- Right to a pollution-free environment
