1. The life and health of inhabitants of Mohalla Malwarch, Govindsar, District Kathua is exposed to all kind of risk and danger for the reasons that in the close proximity to the habitation, Industrial Area and Railway Station are located. The said site is being extensively used for reloading and unloading of the consignments, i.e., coal, cement and coal ash and there is heavy rush of loaded trucks plying on the non-metalled road which separates habitation and the said railway yard by about 20' distance only. The petitioner filed this petition and prayed for issuance of the following directions: a) Direct the respondents to shift the Railway Yard on the other side of the Railway Station away from the residential area in the open space available in abundance in the possession of Railway authorities. b) Quash the order/contract issued for the purpose of loading and unloading of the coal near the residential area i.e., Mohalla Malwarch, Govindsar, District Kathua. c) Restraining the respondents from allowing the loading and unloading of the coal as the same is dangerous to the health of the inhabitants of the said area and against the public policy. d) An appropriate writ, order or direction in the nature of writ of mandamus directing the respondent no.6 to appoint the committee of the Scientist and furnish the report with respect to the said area. e) Any other relief to safeguard the right to life (right to live in a health environment of the inhabitant of the area be passed in favour of petitioner and against the respondents. 2. Respondent nos. 1 to 4 in their objections have stated that the aforementioned activities are being carried at the site from the time there was no habitation existing in the vicinity. It is also pleaded that structures have been raised near railway station which is against the mandate of Railway Works Manual Acquisition management and disposal of land. The reference is made to para 827 Class-II. It is also pleaded that Kathua Railway Station was established in the year 1965, the acquisition proceeding initiated and compensation paid to the inhabitants of the area. It is also pleaded that inhabitants of the area have constructed unauthorized colonies near the Kathua Railway Station. It is further pleaded that the activities undertaken by the railway authorities are in large interest of the people of the State. It is also pleaded that inhabitants of the area have constructed unauthorized colonies near the Kathua Railway Station. It is further pleaded that the activities undertaken by the railway authorities are in large interest of the people of the State. It is primarily for these reasons, it is prayed that writ petition be dismissed: 3. Learned counsel for the parties argued in tune with their respective pleadings. 4. The Court vide order dated 30th October, 2009 directed the Director Pollution Control Board to visit the spot and submit a detailed report about the pleas raised in the writ petition. 5. The report has been filed by the said authority in the year 2010. The authority visited the spot along with experts. The said authority in essence has supported the cause of the writ petitioners. After conducting the spot inspection, following inferences were recorded by the said authority, which document is part of the writ record: a) The Air Pollution caused due to unloading of Cement, Coad and Coal Ash from the railway rakes, followed by re-loading of the consignment in trucks, has definite adverse impact on the air quality of area and it must be dangerous to the health of inhabitants of village Malwarch (Govindsar) Kathua. b) Heavy vehicular movement of trucks in and around the railway dumping yard/habitation, mostly on semi-metalled/kaccha road/area adds to the air pollution adversely and makes the situation more worse. c) Neither, there is any precaution taken by the concerned authorities nor there is any mechanism in place to prevent and contain the fugitive dust emission and Suspended Particulate Matter (SPM) resulted due to this regular exercise of loading and unloading lof consignments. The life of inhabitants living close to the Railway Station must be miserable, which is also evident from visible dust and soot layers deposited on the residential roof tops, windowpanes and plant leaves of the area. 6. The right to life is guaranteed under Article 21 of the Constitution of India and it has been held by Hon'ble the Supreme Court that life does not mean animal existence. The human life cannot be de-graded, in any manner, whatsoever. The human life for securing commercial interest by anybody including that of the State cannot be exposed to any kind of risk or health hazard. It is human life which forms the nucleus of whole Universe. The human life cannot be de-graded, in any manner, whatsoever. The human life for securing commercial interest by anybody including that of the State cannot be exposed to any kind of risk or health hazard. It is human life which forms the nucleus of whole Universe. All that exists in this Universe is for the benefit of human beings. 7. The State which is governed by the rules of law is duty bound to ensure the safety of human lives in all forms and shades. It is duty of the State to provide necessary paraphernalia so as to ensure that human beings lead dignified life. The State in terms of the mandate contained in part III & IV of the Constitution cannot wriggle out of its responsibility to protect the human lives. 8. The stand taken by respondent nos. 1 to 4 that immoveable property of some of the inhabitants of the area was acquired and compensation paid, but despite that some of the persons have encroached upon the acquired property and raised illegal construction, would not absolve them of their responsibility to provide all protection to inhabitants of the area. If some of the inhabitants of the area have encroached upon the land and raised illegal construction, it is for the respondents to proceed in the matter in accordance with law. Until such time any of the alleged encroachment is removed, the human lives cannot be exposed to any kind of risk and health hazard. 9. The Regional Director, State Pollution Control Board, Jammu in its report has in unequivocal terms stated that the activities of the respondents have definite adverse impact on the air quality of area and it is dangerous to the health of inhabitants. It is also stated by the said authority that movement of heavy vehicles add to the air pollution and has made the situation worst. It is also highlighted in the report that no precaution has been taken by the authority and no mechanism has been put in place to prevent and contain the 'fugitive dust emission' and 'Suspended Particulate Matter'. 10. The State in view of mandate contained in Article 21 of Constitution of India and related laws has to protect the life of its citizen and is duty bound to ensure that they are not exposed to health hazards. 11. 10. The State in view of mandate contained in Article 21 of Constitution of India and related laws has to protect the life of its citizen and is duty bound to ensure that they are not exposed to health hazards. 11. For the above stated reasons, this petition is disposed of in the following manner: (a) Respondents more particularly respondent nos. 1 to 4 are directed to put in place such mechanism and paraphernalia which would ensure that Air Pollution does not raise to a level which would expose the lives of inhabitants of the area to all kind risk and health hazard. Respondents to install necessary mechanism/paraphernalia within two months from today. (b) The Regional Director State Pollution Control Board, Jammu shall supervise installation of necessary mechanism/paraphernalia. (c) The official respondents shall have liberty to initiate action in accordance with law for removing the alleged encroachment. (d) In the alternative, the official respondents shall formulate a scheme for re-location of inhabitants, who have occupied the area, to a different place where their health would not be exposed to such danger and risk caused by the activities of the Railway Administration. (e) The re-location scheme be formulated and given effective within six months. (f) The official respondents shall ensure that all the private agencies which are involved in the activities of loading and unloading shall adhere to the instructions/orders issued by the said authority(s) so as to ensure that inhabitants of the Mohalla Malwarch, Govindsar, Kathua do not suffer any further.