Mr. Radhakrishnan Nair S. and Others vs State of Karnataka and Others

D.H. Waghela, C.J.—Leave granted to amend the cause title so as to join as respondent 4-the Karnataka State Pollution Control Board. The petitioners have, by way of the present petition in public interest, raised the issue of health hazard likely to be posed by construction of a Crematorium in the vicinity of their residences in Hegde Nagar, Bangalore.

The petitioners have relied upon the advanced research conducted regarding the health hazards posed by Crematorium and on that basis it was submitted by learned Senior Counsel Mr. Uday Holla, that the serious and genuine concerns of the persons living in the vicinity of the proposed Crematorium need to be seriously addressed by adoption of scientific means or changing the location of the Crematorium, It was, however, fairly conceded that the location of the proposed Crematorium in the area nearby the residences of the petitioners was per se not found to be illegal or in violation of any Rules. Under the circumstances, it was proposed on behalf of the petitioners, to make an appropriate representation to the Karnataka State Pollution Control Board, for ensuring prevention of air pollution which is presently in the realm of the apprehensions of the petitioners. Therefore, the petition is not pressed and not entertained at this stage, with permission to the petitioners to make an appropriate representation about the measures, if any, which may require to be taken under the Air (Prevention and Control of Pollution) Act, 1981 to prevent the health hazards apprehended on the basis of relevant scientific research. If and when such a representation is made to the Karnataka State Pollution Control Board, it may be duly examined by the authorities concerned and necessary action may be taken in accordance with law. With these observations, the petition is disposed, without dealing with other contentions which are not pressed.