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2. The brief facts of the case are that the petitioners are residents of the aforesaid villages and they are agriculturists. Their case is that the lands bearing Sy. Nos. 79 and 80 of Nallurahalli Village are gomal lands. Sy. No. 81 is a part of green belt in the Comprehensive Development Plan (CDP) and Sy. No. 34 are reserved for residential purposes. Their case is that the gomal land, if converted into industrial area, the villagers will lose the land reserved for grazing their cattle and the same will cause hardship to the villages as well as cattle. Further, there will be an adverse effect on the environment of the villages as industrial area increases. Their prayer is that the gomal lands and lands reserved for residential purposes in green belt should not be acquired and allotted for any non-agricultural purpose including industrial purpose. The lands earmarked for a specific purpose in the revenue records and CDP should be continued to be used as such to maintain pollution-free air and ecological balance, keeping in view the health of the villagers who are residing there. Otherwise, if the entire land is acquired and industrial area is developed, it will not only deprive the villagers of the gomal land, but also deprive them of the pollution-free air and water. The deprivation of the same is violative of the fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India. It is stated that the authorities have violated the zonal regulations in allotting the land to the 3rd respondent. It is stated that the allotment is made hurriedly without following the regular procedure and therefore, the same is illegal and arbitrary. They have filed this petition on the ground that without hearing the affected parties, notification under Section 3(1) of the Act has been issued. Therefore, they have sought for quashing of the said notification insofar as it relates to the aforesaid survey numbers and for a direction to restrain the respondents 1 and 2 from converting the lands in question for any industrial purpose and to retain the lands for use for which they are reserved for.

3. Respondent 2 has filed objections denying the allegations made in the writ petition. It is stated that it is a fact that the said survey numbers are gomal lands and form green belt under the CDP, but the said lands are not used as gomal lands as urbanisation has spread in the area and number of industries have come up in the area. They have ceased to be pasture lands. The 2nd respondent has got ample power to issue notification under Section 3(1) of the Act and to acquire the land under Section 28 of the Act and take possession for industrial purpose. Respondent 2 has followed the entire procedure in issuing the notification and acquiring the lands. Even when allotting to 3rd respondent, the procedure laid down under law is followed. The 3rd respondent is going to establish only a Research and Development Project and not for any manufacturing process which will emit any polluted air or create polluted atmosphere. The land allotted to 3rd respondent is out of Sy. No. 80 which is a Government Land to an extent of 20 acres only and the remaining land is acquired by the 2nd respondent from private owners. If the petitioners have any objection, it is open for them to file the same when the proceedings under Section 28 of the Act are initiated. There is no provision under Section 3(1) of the Act for issuing notice to any individual or public before the declaration is published under Section 3(1) of the Act. Respondent 2 has followed the entire procedure meticulously and there is no violation of procedure or any irregularity in the declaration and allotment of land to respondent 3.

8. The Karnataka Land Revenue Act which governs about the land revenue in the State provides that a gomal land cannot be changed for any other purpose, except with prior permission of the authority concerned. Under Section 71 of the KLR Act, power is given to the Deputy Commissioner to reduce or increase the gomal land (grazing land) according to the exigencies of requirement for providing house sites to weaker sections and Scheduled Castes/Scheduled Tribes/(SCs/STs) and to regularise unauthorised occupation of the land by weaker sections of the people and SCs/STs and assign the land to them. But, there is no power to the Deputy Commissioner to allot the agricultural land or gomal land to industrial purpose without conversion as provided under Sections 95 and 97 of the KLR Act. It is also to be noticed here that Section 95 of the KLR Act is amended. Section 95(3-A) and (3-B) provides that where any area is declared as a green belt by issuing a notification under the said provision, the same cannot be rescinded by the Government by issuing a notification, except by amending the Act itself. Further, the Karnataka Country and Town Planning Act provides to specify the green belt area while preparing the plan for urban area, and rural area so that pollution-free area is available to the residents of the locality and the Act also provides for reserving sites for civic amenities like parks, hospitals and other public requirements which cannot be converted for other use, unless specific permission is obtained as provided under the said Act. Thus, the scheme of the Constitution as well as the KLR Act and Karnataka Country and Town Planning Act makes it abundantly clear that protection of environment and maintaining ecological balance is essential for human life.

19. The Rajasthan High Court in L.K. Koolwal v State of Rajasthan, Kerala High Court in Madhavi v Tilakan and the Himachal Pradesh High Court in Kinki Devi v State of Himachal Pradesh, observed that environmental degradation violates the fundamental right to life. Thus the doctrine laid down by the Apex Court with respect to right to a wholesome environment seems to be referred and followed by the higher judiciary of the country.

20. The above stated constitutional provisions, other statutes, principles laid down by the Apex Court and High Courts, manifest that the right to pollution-free environment is a fundamental right. In the present case, it is not disputed that the land bearing Sy. Nos. 79 and 80 are reserved as gomal lands and fall under green belt. It is relevant here to note what is the meaning of a 'gomal land'--it means land meant of grazing, and specially reserved for grazing purpose in the villages. The Kamataka Land Revenue Act classifies the land as patta land which is occupied by persons either they can use for grazing or cultivation. 'Karaz khata' lands originally belonged to pattedars and after they resigned from the pattedarship or otherwise, they were cancelled as patta land and reserved as Government land for being used mostly to assign these lands to landless poor. Gomal land (grazing land) is specifically reserved from time immemorial in every State for the purpose of grazing of the cattle in the village. It is well-known act that in the village, earlier to Land Ceiling and Tenancy laws, some of the landlords used to own vast lands. About 80 to 90% population of the village had no lands, but used to have cows, buffaloes, sheep, goats, poultry, etc. Taking these factors into consideration, even in those days of Rulers' rule, certain lands were reserved for grazing to facilitate these poor people of the society to use this land for grazing their cattle so that they could survive. The cattle in India is treated as a wealth of the society. It is also a fact that shepherds purely survived on sheep and goat rearing and they are continuing this occupation since time immemorial. Therefore, grazing lands are essential for a village. Further, as provided in Article 51-A(g), the conditions for better living of the creatures is one of the essential ingredients of fundamental rights read with Articles 41 and 48-A of the Constitution. Therefore, grazing lands reserved are essential for village life. Merely because that such lands are granted for cultivation to the weaker sections of the society, does not mean that lands are entirely ousted from the greenery. Even if some land is granted for cultivation, there would be greenery on the land. Even for such allotment, the Deputy Commissioner has to decide what is the requirement of grazing land taking into consideration the number of cattle in the village, though in some exceptional cases power is given to grant the land to weaker sections of the people and SC/STs. It is to be noticed that by providing greenery as part of grazing land, it will not only provide fodder to the cattle, but also provides good environmental atmosphere in the village and surrounding areas. Therefore, there is requirement that every village must have abundant area to be cultivated or area reserved as grazing land to maintain ecological equilibrium resulting in unpolluted air and water, which is the cardinal requirement of human life and other lives on the earth.