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     IN THE HIGH COURT OF KARNATAKA AT BANGALORE
        DATED THIS THE 17TH DAY OF SEPTEMBER 2013
                         PRESENT
        THE HON' BLE MR.D.H.WAGHELA, CHIEF JUSTICE
                           AND
         THE HON' BLE MRS.JUSTICE B.V.NAGARATHNA
               WP NO.38129/2013 (LB-BMP-PIL)

BETWEEN

1.     MR RADHAKRISHNAN NAIR S
       AGED ABOUT 55 YEARS
       S/O S.K.PILLAI
       R/A NO.21, REGENCY PARK
       N. NAGENHALLI, SRK NAGAR PO
       BANGALORE 560 077.

2.     MR. PRAKASH S. PATIL
       AGED ABOUT 39 YEARS
       S/O SRI SHANTAMALLAPPA
       R/A NO.30, REGENCY PARK
       KOTHANUR POST
       BANGALORE 560 077.

3.     MR. NEBUKURIAN K K
       AGED ABOUT 48 YEARS
       S/O SRI KURIAKOSE
       R/A NO.32, REGENCY PARK LAYOUT
       N. NAGENAHALLI
       K.NARAYANAPURA
       BANGALORE 560 077.

4.     MR. A. LOUIS
       AGED ABOUT 55 YEARS
       S/O LATE ANTHURAJ
       R/A NO.12, REGENCY PARK,
       NAGENAHALLI
       BANGALORE 560 077.
                            -2-


5.    MR. SHYAMARAJ K B
      AGED ABOUT 36 YEARS
      S/O SRI K K BOBE GOWDA
      R/A NO.7, REGENCY PARK,
      1ST CROSS, N. NAGENAHALLI,
      BANGALORE 560 077.

6.    MR. M.K. NINAN
      AGED ABOUT 60 YEARS
      S/O LATE SRI M.V. KUNJUMAN
      R/A SITE NO.19, 2ND CROSS
      REGENCY PARK LAYOUT
      N. NAGENAHALLI
      BANGALORE 560 077.

                                        ... PETITIONERS

(BY SRI UDAYA HOLLA, SR. COUNSEL, FOR
M/S. MAHESH & CO. )


AND

1.    STATE OF KARNATAKA
      REPRESENTED BY ITS PRINCIPAL SECRETARY
      DEPARTMENT OF URBAN DEVELOPMENT
      VIKASA SOUDHA, BANGALORE-1.

2.    BRUHAT BANGALORE MAHANAGARA PALIKE
      HAVING ITS OFFICE AT N.R. SQUARE
      BANGALORE 560 002
      REPRESENTED BY ITS COMMISSIONER

3.    THE ENGINEER IN CHIEF
      BRUHAT BANGALORE MAHANAGARA PALIKE
      N.R. SQUARE,
      BANGALORE 560 002.
                              -3-


4.   THE KARNATAKA STATE POLLUTION
     CONTROL BOARD
     AT UTILITY BUILDING
     BANGALORE
     REPRESENTED BY ITS CHAIRMAN

(R.4 IMPLEADED VIDE COURT ORDER DATED 17.09.2013)

                                             ... RESPONDENTS
(BY SRI R.DEVDAS, AGA FOR R-1)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
PRAYING TO DIRECT RESPONDENT NOS.2 AND 3 TO EITHER
REMOVE OR SHIFT THE CREMATORIUM, WHICH IS BEING
CONSTRUCTED IN THE BURIAL GROUND OF HEGDENAGAR
RESIDENTIAL LOCALITY.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:


                           ORDER

D.H.WAGHELA, C.J. (Oral) :

1. Leave granted to amend the cause title so as to join as respondent No.4 the Karnataka State Pollution Control Board.

2. 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. -4-

3. 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 -5- 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.

4. With these observations, the petition is disposed, without dealing with other contentions which are not pressed.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE mv