M. C. Mehta (Taj Trapezium Matter) Vs Union of India and Others Writ Petition (C) No.

13381 of 1984 (Kuldip Singh, Faizanuddin JJ) 30.12.1996

2010

Mohd Faraz Roshan Sonthalia Nishant Singh

91033 91045 91039

Ashutosh Kumar Jha 91011 Smriti Gupta Stuti Gupta 12/23/2010 91054 91056

Contents
Acknowledgement ................................................................................................................................... 4 Introduction ............................................................................................................................................ 5 Background of the case............................................................................................................................ 5 Sources of Air Pollution............................................................................................................................ 7 (a) Industrial Air Pollution .................................................................................................................... 7 (b) Vehicular Air Pollution .................................................................................................................... 7 (c) DG Sets ........................................................................................................................................... 8 Judgment in the main & related cases ..................................................................................................... 8 M.C. Mehta v. Union of India & Ors. [Taj Trapezium case] (1996) 8 SCC 462............................................. 9 M.C. Mehta v. Union of India & Ors. [Follow up of Taj Trapezium case I] (1998) 9 SCC 93 ........................ 9 M.C. Mehta v. Union of India & Ors. [Follow up of Taj Trapezium case II] (2002) 9 SCC 534 ......... 10 ORDER OF MINISTRY OF ENVIRONMENT AND FORESTS ......................................................................... 10 Doctrines Involved in TTZ ....................................................................................................................... 11 Sustainable Development and Inter-generational Equity in TTZ .......................................................... 11 Polluter Pays Principle ........................................................................................................................... 14 Analysis of the Case ............................................................................................................................... 14 Problems faced By Taj Mahal: Court expressed its views .................................................................... 14 Petitioner s View:............................................................................................................................... 15 Recommendations by Vardharajan Committee: ................................................................................. 16 Reports by Central Board for the Prevention and Control of Water Pollution, New Delhi ....................... 17 The National Environment Engineering Research Institute (NEERI) gave an "Overview Report ............... 18 The NEERI Report indicates the air-pollution effect on the Taj in the following words: ........................... 19 Brief of the Technical Report: ................................................................................................................ 20 Court s View about Taj Mahal: ............................................................................................................... 21 Cases Referred:...................................................................................................................................... 22 The Precautionary Principle and the "Polluter Pays Principle.............................................................. 22 The Polluter Pays Principle ................................................................................................................. 23 Constitutional Provisions: .................................................................................................................. 24 Court Held: ........................................................................................................................................ 25 Constitution of Mahajan Committee: ................................................................................................. 26 Action Plan for the Control of Air Pollution for the city of Agra ( As on October 2003) ............................ 28

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(a) Industrial Pollution ....................................................................................................................... 28 (b) Vehicular Pollution ....................................................................................................................... 28 Scheme for switching over to LPG/CNG.............................................................................................. 29 Findings of the Action Plan .................................................................................................................... 30 Air Quality Trends in Agra .................................................................................................................. 30 Meteorological Issues ........................................................................................................................ 31 Present Status of pollution at TTZ ...................................................................................................... 31 Delay in Justice .................................................................................................................................. 32 Recommendation .................................................................................................................................. 32 References............................................................................................................................................. 33 y Human Rights and the Environment, by YK Sabharwal -CJI .......................................................... 33

Annexure ............................................................................................................................................... 34 Annexure 1 ............................................................................................................................................ 34

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Professor. FORE School of Management for providing necessary guidance during our project.Acknowledgement We are immensely overjoyed to acknowledge our sincere thanks to my faculty guide Dr. We would also like to thank him for his invaluable advice and inputs throughout the duration of the project. Chawala.L. K. 4 . He ensured that we were always at ease with what we were doing and constantly provided me with the macro perspective to any issues that we faced so that we was able to move in the right direction.

400 sq km around the Taj Mahal to protect the monument from pollution.Mehta. lime processing. chemical industries. Government of India has notified the Taj Trapezium Zone (Pollution Prevention and Control) Authority forprotection and improvement of the environment in the Trapezium. 1996 regarding industries covered under the TTZ. The Supreme Court of India delivered a ruling on December 30. The TTZ comprises over 40 protected monuments including three World Heritage Sites ² the Taj Mahal. Background of the case This writ Petition was filed by Shri M. in response to a PIL seeking to protect the Taj Mahal from environmental pollution. engineering. rubber processing. The sources of air pollution in Agra region were particularly iron foundries. The Petitioner also alleged that distant sources of pollution were the Mathura Refinery and Ferozabad bangles and glass industries. TTZ is so named since it is located around the Taj Mahal and is shaped like a trapezoid. refractory units and automobiles. 5 . ferro-alloys industries. This wasnotified by the Government of India for intensifying efforts prevention and control ofpollution. It is in the form of trapezoid between 27030¶N &77030¶E to 27045¶N & 77015¶E and 26045¶N & 77015¶E to 27000¶N & 78030¶E. According to the petitioner. It was also stated that the sulphur dioxide emitted by the Mathura Refinery and the industries located in Agra and Ferozabad when combined with moisture in the atmosphere forms sulphuric acid and causes "acid rain" which has a corroding effect on the gleaming white marble. and relocating them outside the TTZ or shutting down. .C. the Ministry of Environment and Forest. Agra Fort and Fatehpur Sikri. In 1999. Advocate as a public interest litigation regarding pollution caused to the Taj Mahal in Agra. the white marble has become yellowish and at places it has blackened and hence he made request to the court that appropriate orders may be issued and immediate steps may be taken to prevent air pollution and save the Taj. It banned the use of coal/ coke in industries located in the TTZ with a mandate for switching over from coal/ coke to natural gas.Introduction Taj Trapezium Zone (TTZ) is a defined area of 10.. brick kilns.

All the 292 industries were to approach/apply to the GAIL before 15.f.1997.P. 30. which neither applied for gas-connection nor for alternate industrial plots should stop functioning using coke/coal as fuel in the TTZ w.2. on 31.The industrial and refinery emissions from brick kilns. the present operational status of those industries is as follows: 6 .Board.Government before 28. The GAIL should commence supply of gas to the industries by 30. the reports of the Central Pollution Control Board under the title "Inventory and Assessment of Pollution Emission: In and Around Agra-Mathura Region (Abridged)" and the report of the National Environmental Engineering Research Institute (NEERI) entitled "Over-View Report" regarding status of air pollution around the Taj published in the year 1990 were also referred. Those industries.P. Now. none of the 292 industries is using coal/coke as fuel. The Petitioner also referred the "Report on Environmental Impact of Mathura Refinery" (Varadharajan Committee) published by the Government of India in the year 1978. Ferozabad and Bharatpur) were the main sources of air pollution in the area and suggested that the air polluting industries in the area be shifted outside the TTZ.12.e. with these directions the issue relating to 292 industries was disposed off.1997. The supply of coke/coal to these industries shall be stopped forthwith. to approach UPSIDC/U. Subsequently.2. two reports from Varadarajan and several reports by the Central Pollution Control Board and U. the NEERI and the Ministry of Environment & Forests had undertaken an extensive study for re-defining the TTZ (Taj Trapezium Zone) and re-alienating the area management environmental plan. four reports from NEERI. The NEERI in its report had observed that the industries in the TTZ (Districts of Agra Mathura.6. The industries which were not in a position to obtain gas-connections.1996 directed that the industries in the TTZ were the active contributors to the air pollution in the said area. for allotment of alternative plots in the industrial estates outside TTZ. On the directions of the Hon¶ble Supreme Court.4. The Hon¶ble Supreme Court after examining all the reports viz. As per the information given by the Government of Uttar Pradesh to the Hon¶ble Supreme Court.1997 for grant of industrial gas-connection.1997. vehicular traffic and generator sets were alleged primarily responsible for polluting the ambient air in and around Taj Trapezium Zone (TTZ) as identified by the Central Pollution Control Board.

kumhars and bharbhujas who usecoal. Agra is famous for µpetha¶ (a type of sweet). the principal source ofemission is cupola. (b) Vehicular Air Pollution The vehicular emissions are one of the major sources of air pollution affecting the urbanpopulation in Agra. In the pit type of cupola. Besides a number of petha industries areoperating in the city. melting rates. (a) Industrial Air Pollution The air pollution from the industries is mainly due to fuel used by them. the impact of the air pollution fromvehicular growth would be tremendous. sulphur dioxide and carbonmonoxide. operations. Unlike industrial emissions. characteristic of charging material and the coke. cow dung and wood. 7 . The main pollutants are SPM. In foundries. Besides these. Gasesescape while drawing the hot metal and during casting. Kumhars have to use cow dung because of the type of firingadopted by them. The volume of gas exhausted and its concentration depends on thecupola. DG Sets and natural sources. There are large number of pethamanufacturing units. which mainly use coal as fuel. there are halwaiis.Units closed Units based on electricity Units based on CNG/LPG/Electricity Units not using any fuel Units not found : 187 : 53 : 42 : 03 : 07 Total :292 Sources of Air Pollution The sources of pollutants in the city are domestic. industrial. The majority ofindustries in Agra comprise of foundries. The vehiculargrowth in the city is high and withhigh growth.emissions are fugitive type. vehicular. vehicular pollutants are released atground level and hence the impact on recipient population will be more.

pertaining to declaration of Agra as µHeritage¶ city within two months. y y y y y y The court came to the conclusion that the emission generated by the coke/coal consuming industries are air pollutants and have damaging effect on the Taj and the people living in the Taj Trapezium. it was only in its subsequent orders that the Court was able to draw up the exact framework i. This has to be eliminated at any cost. in terms of area to qualify within the green belt. Judgment in the main & related cases The Court observed that the Taj. Through its final judgment in this case. a number of DG sets are used in the city. It was further held that 292 industries located and operating in Agra must change over within time schedule to natural gas as industrial fuel or stop functioning with coal/coke and get relocated. The Court took into consideration the recommendations of the Varadarajan Committee.e. The fuel consumedby the DG Sets by different sectors and the average consumption of diesel varies as perthe capacity of the generators. The government of India was directed to decide issue. It was further ordered that all emporia and shops functioning within the Taj premises be closed. 8 . Amongst its several recommendations. The industries going to be shifted shall be given incentives according to Agra Master Plan and also the incentives normally extended to new industrial units. it stated that studies should be undertaken by competent agencies to explore the possibility of protecting the Taj monuments by measures such as provision of a green belt. apart from being cultural heritage. is an industry by itself. The Pollution Control Boards [State and Central] were asked to monitor any further deterioration in the quality of air and report the same to the Court. It is a source of revenue for the country. More than two million tourists visit the Taj every year. the green belt became a reality. However.(c) DG Sets Due to power breaks daily.

in terms of area to qualify within the green belt. As a result of this order.C. presently there is no access into the green belt for the visitors.M. Union of India & Ors. [Follow up of Taj Trapezium case I] (1998) 9 SCC 93 y This was an application seeking various directions pertaining to taking action against the authorities responsible for damaging and destroying the green belt within 500 metres of Taj Mahal. Through its final judgment in this case. It is to be noted that this was the first time. that the Court conceptualized a ?green belt? as an effective mode of environmental protection. It is contended that these air pollutants and have damaging effect on Taj and people living in TTZ. generators or sound equipments within 500 metres etc. Judgment : The Court took into consideration the recommendations of the Varadarajan Committee. 9 . in its report. it stated that studies should be undertaken by competent agencies to explore the possibility of protecting the Taj monuments by measures such as provision of a green belt. suggested the setting up of a green belt around the Mathura Refinery. [Taj Trapezium case] (1996) 8 SCC 462 y Facts ? Petition for the relocation of industries from Taj Trapezium (TTZ) to prevent damage to Taj from air pollution through emissions generated by coke or coal consuming industries. Even NEERI. it was only in its subsequent orders that the Court was able to draw up the exact framework i. y M.e. Union of India & Ors. Amongst its several recommendations. However. use of vehicles. Mehta v.C. the green belt became a reality. Mehta v.

1986(29 of 1986) (hereinafter referred to as the said Act). resulting in serious damage to the ecology and cultural heritage of the place. this case marked an attempt to curb encroachment and illegal construction which had still not stopped. the air quality had still not improved. In consequence with this. 4. Monitor progress of the implementation of various schemes for protection of the Taj Mahal and programmes for protection and improvement of the environment in the above said area. Exercise powers under section 5 of the said act. ORDER OF MINISTRY OF ENVIRONMENT AND FORESTS In exercise of the powers conferred by sub-sections (1) and (3) of section 3 of the Environment (Protection) Act. ervation: Therefore. Union of India & Ors. have the power to 1.C. a direction was given to State Govt. to find out whether unauthorized factories were still functioning within 20 kms radial circle of Taj monuments. Though there was no direct reference to ?green-belt?. within the geographical limits of Agra Division in the Taj Trapezium Zone in the State of Uttar Pradesh. Take all necessary steps to ensure Compliance of specified emission-standards by motor vehicles and ensuring compliance of fuel quality standards. 3. 2. 10 . Deal with any environmental issue which may be referred to it by the Central Government or the State Government of Uttar Pradesh relating to the above said area. but also in restoring ecological balance after destructive commercial activities are restrained. the Central Government hereby constitutes an authority to be known as the Taj Trapezium Zone Pollution (Prevention and Control) Authority (herein referred to as the Authority) for a period of two years with effect from the date of publication of this notification in the Official Gazette. [Follow up of Taj Trapezium case II] (2002) 9 SCC 534 y y This order given by the Court pertained to the maintenance of cultural heritage and historical importance within the Taj trapezium. The authority shall.M. Mehta v. It was found that despite the presence of monitoring stations. it can be inferred that green belt is a highly feasible technique not only as a precautionary method in environmental protection.

different levels of societies have their own concept of sustainable development and the object that is to be achieved by it. while in poorer countries. 7. The Authority may co-opt experts for facilitating the work assigned to it. if possible. sustainable development may mean steady reductions in wasteful levels of consumption of energy and other natural resources through improvements in efficiency. development primarily meant material or economic progress. For instance. Sustainable development means that the richness of the earth¶s biodiversity would be conserved for future generations by greatly slowing and. sustainable development would mean the commitment of resources toward continued improvement in living standards. The meaning of this phrase lies in the decision of the Supreme Court in Narmada Bachao Andolan vs. Union of India wherein it was observed that ³Sustainable development means what type or extent of development can take place. economic progress is essential. and through changes in life style. care has to be taken of the environment 11 . 8. at the same time. 6. The foregoing powers and functions of the Authority shall be subject to the overall supervision and control of the Central Government. The Authority shall furnish a report about its activities at least once in two months to the Central Government in the Ministry of Environment and Forests. Doctrines Involved in TTZ Sustainable Development and Inter-generational Equity in TTZ What is meant by the phrase ³sustainable development´? The definition which is used most often comes from the report of the Brundtland Commission. The Authority shall be authorized to exercise the powers under section 19 of the said Act.´ However. which can be sustained by nature/ecology with or without mitigation. halting extinctions. for rich countries. But in India this definition is a bit different. and also by not risking significant alternations of the global environment that might ± by an increase in sea level or changing rainfall and vegetation patterns or increasing ultraviolet radiation ± alter the opportunities available for future generations. 9. in which it was suggested that the phrase covered ³development that meets the needs of the present without compromising the ability of future generations to meet their own needs. habitat and ecosystem destruction. Being a developing country.5.´ In this context. The Authority shall have its headquarters at Agra in the State of Uttar Pradesh.

There are 27 principles under this Rio Declaration and the Principle 3 is applicable in the our case of Taj Trapezium. This is in order that future generations may benefit from policies and laws that further environmental as well as developmental goals. Recognizing the integral and interdependent nature of the Earth. Agenda 21. Working towards international agreements which respect the interests of all and protect the integrity of the global environmental and developmental system.The courts have attempted to provide a balanced view of priorities while deciding environmental matters. This ethical mix is termed sustainable development. and has also been recognized by the Supreme Court in the Taj Trapezium case. while keeping in mind the nature of the environment in that area. The United Nations Conference on Environment and Development in the wake of awareness of the major challenges emerging both as regards development and with reference to the environment has made possible a consensus on the concept of "sustainable and environmentally sound development" which the "Earth Summit". . which clearly recognizes that "Economic development must be environmentally sound and sustainable. our home. clarified by a Declaration of 27 principles solemnly adopted on that occasion. meeting in Rio from 3 to 14 June 1992. certain ecological sacrifices are deemed necessary. endeavoured to focus by defining an ambitious programme of action." 12 . Principle 3 states: ³The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations. As India is a developing country.´ We can also refer to the content of the Declaration on International Economic Cooperation adopted by the General Assembly in May 1990. and its criticality to the community.

prevent and attack the causes of environmentdegradation.must anticipate. (ii) When there are threats of serious and irreversible damage. Following the decision of Vellore Citizen's Case and Indian Council for Enviro-Legal Action Case. whereby the state must anticipate. lack of full scientific certainty shall not be used as a reason for postponing costeffective measures to prevent environmental degradation. must anticipate. the Supreme Court ordered a number of industries in the area surrounding the Taj Mahal to relocate or introduce pollution abatement measures in order to protect the Taj from deterioration and damage. (iii) The ³Onus of Proof´ is on the actor or the developer/industrialist to show that his environmentally benign.´ Most of the cases of the 1990¶s deal with the definition of the principle. In Taj Trapezium Case the precautionary approach has been applied by the Supreme Court and ordered a number of industries in the area surrounding the Taj Mahal to relocate or introduce pollution abatement measures in order to protect the Taj from deterioration and damage. in the Taj Trapezium Case. the Court stated that where there are threats of serious and irreversible damage. the Supreme Court stated that environmental measures. adopted by the State Government and the statutory authorities. Following the definition provided in the Rio Declaration. 13 . In 1996.by the state government and the statutoryauthorities. the Indian court laid down the meaning of precautionary principle. The Supreme Court has accepted the principle and applied it on several occasions. In 1996. lack of scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. prevent and attack' the causes of environmental degradation. Thereafter. action is (iv) Precautionary duties must not only be triggered by the suspicion of concrete danger but also by concern or risk potential. prevent and attack the cause of environmental degradation.The concept of sustainable development contains three basic components or principles. he essential ingredients of the precautionary principle are: (i) Environmental measures. prevent and attack the causes of environmental degradation. The precautionary principle was invoked to prevent construction within one kilometre of two lakes located near Delhi and the principle was accepted as a part of the law of the land. the Supreme Court described the PP as environmental measures which must 'anticipate. First among these is the PRECAUTIONARY PRINCIPLE (PP). The Rio Declaration affirms the principle by stating that where ever ³there are threats of serious or irreversible damage. lack of scientific certainty should not be used as a reason for postponing measure to prevent environmental degradation.

or in carrying out remedial action. The densest pollution near the Taj Mahal is caused by residential fuel combustion. marble tomb for Mumtaz Mahal. The Taj has been included in the list by stating as under : "The Taj Mahal . water and electricity. and back-up generators.Polluter Pays Principle ³Polluter should bear the cost of pollution as the polluter is responsible for pollution´.50. Constitution of the proposed Agra Ring Road and Bypass that would divert the estimated daily 6. The object of this principle is to make the polluter liable for the compensation to the victims as also for the cost of restoring of environmental degradation. A private sector preservation organisation called "World Monuments Fund" (American Express Company) has published a list of 100 most endangered sits (1996) in the World. wife of Emperor Shah Jahan.Agra . because the effect ofthis would be to shift the financial burden of the pollution incident to the taxpa Analysis of the Case Problems faced By Taj Mahal: Court expressed its views The Taj is threatened with deterioration and damage not only by the traditional causes of decay. it is not so the role of government to the costs involve in eitherprevention of such damages. The principle demands that financial costs of preventing orremedying damage caused by pollution should lie with the undertakings which causepollution. Strict controls on industrial pollution established in 1982 are being intensively enforced following a 1993 Supreme Court Order.000 tons of trans-India truck traffic financing. The environment of Agra is today beset with problems relating to the inadequacy of its urban infrastructure for transportation. The Asian Development Bank`s proposed $300 million loan to the Indian Government to finance infrastructure improvements would 14 . is considered the epitome of Mughal monumental domed tombs set in a garden. Under it. diesel trains and buses. but also by changing social and economic conditions which aggravate the situation with even more formidable phenomena of damage or destruction.India The Taj Mahal.

The Sulphur Dioxide emitted by the Mathura Refinery and the industries when combined with Oxygen . The petition states that the white marble has yellowed and blackened in places. According to the petitioner the Taj . brick-kilns.with the aid of moisture . vehicular traffic and generator-sets are primarily responsible for polluting the ambient air around Taj Trapezium (TTZ).a monument of international repute . the foundries. In places the yellow hue is magnified by ugly brown and black spots. Fungal deterioration is worst in the inner chamber where the original graves of Shah Jahan and Mumtaz Mahal lie. Industrial/Refinery emissions." Petitioner s View: According to the petitioner. chemical/hazardous industries and the refinery at Mathura are the major sources of damages to the Taj.in the atmosphere forms sulphuric acid called "Acid rain" which has a corroding effect on the gleaming white marble.provide the opportunity to solve the chronic problems. including the Taj Mahal. The petitioner has finally sought appropriate directions to the authorities concerned to take immediate steps to stop air pollution in the TTZ and save the Taj. It is inside the Taj that the decay is more apparent. Agra contains three World Heritage Sites. 15 .is no its way to degradation due to atmosphere pollution and it is imperative that preventive steps are taken and soon. Yellow pallor pervades the entire monument.

. This authority should be vested with powers to direct industries causing pollution to limit the level of emission and specify such measures as are necessary to reduce the emissions whenever the pollutant level at the monuments exceeds acceptable limits.. .. . The Committee wishes to record its deep concern regarding the existing level of pollution in Agra.. Even though assurances have been obtained from IOC that adequate precautions would be taken to contain the pollution on account of using coal in the power plant. .. in an area south-east of Agra beyond the Taj Mahal so that emissions from these industries will not be in the direction of the monuments. It recommends that an appropriate authority be created which could monitor emissions by industries as well as air quality at Agra on a continuous basis.. ... The Committee further recommends that no large industry in the Agra region and its neighbourhood be established without conducting appropriate detailed studies to assess the environmental effect of such industries on the monuments. Location should be so chosen as to exclude any increase in environmental pollution in the area. the Committee is of the opinion that till such time this problem 16 .. The Committee also recommends that studies should be undertaken by competent agencies to explore the possibility of protecting the monuments by measures such as provision of a green belt around Agra in the region between Mathura and Agra. Efforts may be made to relocate the existing small industries particularly the foundries.. . . Such industries which are likely to cause environmental pollution may not be located in the neighbourhood of the refinery. The Committee particularly desires that recommendations made in regard to reduction of existing pollution levels at Agra should be covered to a time-bound programme and should be implemented with utmost speed. Similar considerations may apply to large industries such as Fertilizer and Petrochemicals.Recommendations by Vardharajan Committee: "Steps may be taken to ensure that no new industry including small industries or other units which can cause pollution are located north-west of the Taj Mahal..

4). . (iv) Lime Oxidation and Pulverising. (iv) two railway marshaling yards and (v) vehicular traffic respectively.." 17 . 2. published a report (Control of Urban Pollution Series CUPS/7/1981-82) under the title "Inventory and Assessment of Pollution Emission in and around Agra-Mathura Region (Abridged)".64 tonnes per day from industrial activities in Agra City and its outskirts (Table 5-3). wood and fuel oil is estimated as 3. The contribution of Sulphur Dioxide from the 5 recognised distinct discrete sources in tonnes per day 2. (iii) other industries in Agra. (vi) Chemical.. The relevant findings are as under : "Industrial activities which are in operation in Agra City and its outskirts could be categorized as (i) Ferrous Metal Casting using Cupolas (Foundry).21 and 0.9 to be exact) cut-down of Sulphur Dioxide emission is expected. 32. steam coal. (v) Engineering.36. (ii) foundries.9 per cent. Omitting contribution from vehicular traffic as because it is considered negligible. The vehicular contribution as estimated from traffic census in 6 road crossing is only 65 kgs a day or 0. Rotary Furnaces etc. New Delhi. and (vii) Brick and Refractory Kilns (Table 4-1).28.065 tonnes a day and should be considered negligible for the present (Para 7.is studies in depth and suitable technologies have been found to be satisfactorily in use elsewhere the use of coal in the refinery power plant should be deferred. With the elimination of the first and the fourth sources . (iii) Rubber Processing. 19. and 16." Reports by Central Board for the Prevention and Control of Water Pollution. (ii) Ferro-alloy and Non-Ferrous Castings using Crucibles. 1. 1. The contribution of Sulphur Dioxide through emission primarily from the combustion from the fuels comprising hard coke. the relative contributions from the other 4 distinct sources are 32. New Delhi The Central Board for the Prevention and Control of Water Pollution..065 from (i) two thermal power stations.by closing down the two thermal power stations and replacing coal-fired steam engines by diesel engines in the two railway marshalling yards about 50 per cent (48.28.

High air pollution load is thus pumped into the Taj air-shed.. On four occasions during the five-year air quality monitoring. .e. Relevant part of the report is as under : "The sources of pollution. Another study during 1985-87 brought to fore that the overall status of the ambient air quality within the trapezium has significantly deteriorated over this period. The SPM levels at Taj Mahal were invariably high (more than 200 ug/m3) and exceeded the national ambient air quality standard of 100 ug/m3 for SPM for sensitive locations barring a few days in monsoon months.. including small and medium-scale industrial units. The values exceeded even the standard of 120 ug/m3 set for industrial zones... are scattered all around Taj Mahal. i. . Sudden rises in concentration level are often recorded in all directions in gaseous as well as particulate pollutant depending upon the local micro climatic conditions. . the 4 hrly average values of SO2 at Taj Mahal were observed to be higher than 300 ug/m3..The National Environment Engineering Research Institute (NEERI) gave an "Overview Report The National Environment Engineering Research Institute (NEERI) gave an "Overview Report" regarding status of air pollution around the Taj in 1990.. Statistical analysis of the recorded data indicate that 40% (cumulative percentage level) has crossed the standard set for sensitive receptors/zones.. 10 folds of the promulgated CPCB standard of 30 ug/m3 for sensitive areas. 18 .

6% Calcium and traces of Sulphate. The origin of soot can be traced back to the fuel consumption around the sensitive receptor. During monsoon seasons. while quartz is derived from geocrustal origin and causes surface abrasion. Further. ES & T. 19 . April 1981). The earlier studies have revealed that the concentrations of gaseous pollutants and SPM (predominantly soot and carbon particles) are relatively high during winter months due to the frequent inversion conditions restricting vertical dispersion. the presence of soot reduces the aesthetic value of the monument. Absorption of the acidic gases is enhanced due to the presence of soot/smoky matter resulting in long-term effects. but with tar it acts as a soiling agent. suspended particles are washed away and this cycle of pollutant builds up and subsequent removal continues exposing fresh surface of the monument to the pollutant. X-ray diffraction studies indicated that soot and quartz (Silicon Dioxide) and the major constituents of the black coating at Taj Mahal (Lal and Holden.The NEERI Report indicates the air-pollution effect on the Taj in the following words: "The Taj Mahal marble samples analysed by NEERI in 1993 reveal that the black soot on certain protected surfaces contains 0. Soot in itself is not chemically destructive. Ambient air round Taj Mahal is polluted primarily from point/line sources and has adverse impacts on building material by alteration of marble and sandstone structures at micro-crystalline level.

4.1. The new sites in Agra and Ferozabad industries being identified by the Government of Uttar Pradesh shall minimise this hazard as the industrial estates shall be suitably designed for NG distribution. The new industrial sites should preferably be out of the Taj Trapezium. .Availability of cleaner fuel (present and future)." 20 .## The recommendations are summarized hereunder : .Safety considerations. NG : The use of NG involves the defining of No Gas Zone for safe distribution.0 Summary The various issues raised in this report pertaining to the fuel supply alternatives to the industries in Agra-Ferozabad region and the Mathura Refinery. .Shifting of small-scale polluting industries outside the Taj Trapezium on industrial estate sites to be identified by the Government of Uttar Pradesh. 3. .Need for relocation of industries.1.Brief of the Technical Report: The NEERI submitted a Technical Report dated 7-3-1994 pertaining to "Issue Associated with Fuel Supply Alternative for Industries in Agra-Mathura Region". and para 3 of the Report are as under : "2. The incentives for industries to shift to new industrial estates need to be established to ensure speedy implementation. Paras 2.4. can be summarized as : # . Environmental benefits from alternate fuels.Provision of natural gas to the industries in Agra-Mathura region and Mathura Refinery.4 Safety Requirements 2.

The objective behind this litigation is to stop pollution while encouraging development of industry. This Court has monitored this petition for over three years with the sole object of preserving and protecting the Taj from deterioration and damage due to atmospheric and environmental pollution. It cannot be disputed that the use of coke/coal by the industries emits pollution in the ambient air. The development of industry is essential for the economy of the country. The pollution created as a consequence of development must be commensurate with the carrying capacity of our ecosystems 21 . It is a source of revenue for the country.Court s View about Taj Mahal: The Taj. Sustainable development is the answer. is an industry by itself. More than two million tourists visit the Taj every year. but at the same time the environment and the ecosystems have to be protected. The old concept that development and ecology cannot go together is no longer acceptable. apart from being a cultural heritage.

in the context of the municipal law . prevent and attack the causes of environmental degradation. paras 11-14) "11. of the view that "The Precautionary Principle` and `The Polluter Pays Principle` are essential features of `Sustainable Development`. lack of scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. We are. Union of India [(1996) 5 SCC 647 : JT (1996) 7 SC 375] has defined "the Precautionary Principle" and the "Polluter Pays Principle" as under : (SCC pp. (ii) Where there are threats of serious and irreversible damage.by the State Government and the statutory authorities .Cases Referred: The Precautionary Principle and the "Polluter Pays Principle This Court in Vellore Citizens` Welfare Forum v.. 22 . The `Precautionary Principle` . however.means : (i) Environmental measures .must anticipate. 658-60. .

para 65) `. to the soil and to the underground water and hence. The Court ruled that : (SCC p. The `Polluter Pays Principle` as interpreted by this Court means that the absolute liability for harm to the environment extends not only to compensate the victims of pollution but also the cost of restoring the environmental degradation. Consequently the polluting industries are `absolutely liable to compensate for the harm caused by them to villagers in the affected area. Remediation of the damaged environment is part of the process of `Sustainable Development ` and as such the polluter is liable to pay the cost to the individual sufferers as well as the cost of reversing the damaged ecology. The rule is premised upon the very nature of the activity carried on`.. para 65) `. the person carrying on such activity is liable to make good the loss caused to any other person by his activity irrespective of the fact whether he took reasonable care while carrying on his activity... Union of India [(1996) 3 SCC 212 : JT (1996) 2 SC 196]. practical and suited to the conditions obtaining in this country`. 246.The Polluter Pays Principle `The Polluter Pays Principle` has been held to be a sound principle by this Court in Indian Council for Enviro-Legal Action v. The Court observed : (SCC p.. 23 .. once the activity carried on is hazardous or inherently dangerous. they are bound to take all necessary measures to remove sludge and other pollutants lying in the affected areas`. we are of the opinion that any principle evolved in this behalf should be simple. 246.

Article 21 of the Constitution of India guarantees protection of life and personal liberty. 48-A and 51-A(g) of the Constitution are as under : Duty of the State to raise the level of nutrition and the standard of living and to improve public health. 24 . lakes.Constitutional Provisions: The Precautionary Principle and the Polluter Pays Principle have been accepted as part of the law of the land. Articles 47. 51-A. rivers and wildlife. 48-A. (g) to protect and improve the natural environment including forests. The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. and to have compassion for living creatures.The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and in particular. . the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. Protection and improvement of environment and safeguarding of forests and wildlife.

" Based on the reports of various technical authorities mentioned in this judgment. therefore.Court Held: In view of the above-mentioned constitutional and statutory provisions we have no hesitation in holding that the Precautionary Principle and the Polluter Pays Principle are part of the environmental law of the country. the environmental measures must anticipate. proved beyond doubt that the emissions generated by the use of coke/coal by the industries in TTZ are the main polluters of the ambient air. We. in view of the precautionary principle as defined by this Court. In any case. Not even one per cent chance can be taken when . rather.the preservation of a prestigious monument like the Taj is involved. prevent and attack the causes of environmental degradation.for any reason . It is.human life apart . hold that the above-mentioned 292 industries shall as per the schedule indicated hereunder change over to the National Gas as an industrial fuel. we have already reached the finding that the emissions generated by the coke/coal consuming industries are air pollutants and have damaging effect on the Taj and the people living in the TTZ.shall stop functioning with the aid of coke/coal in the TTZ and may relocate themselves as per the directions given by us hereunder. The industries which are not in a position to obtain gas connections . The atmospheric pollution in TTZ has to be eliminated at any cost. The "onus of proof" is on an industry to show that its operation with the aid of coke/coal is environmental benign. 25 .

The Central Board has established four ambient air quality monitoring stations in Agra and these stations have been commissioned in the month of January. Earlier.1996. The Central Pollution Control Board had submitted so far 35 reports in compliance of the Hon¶ble Supreme Court orders. on the basis of the report submitted by the NEERI regarding development of green belt around Taj Mahal.5. Advocate and two senior scientists of the Central Pollution Control Board. The Hon¶ble court considered the proposal of the Central Board and accepted the recommendations of the Mahajan Committee in the matter on 4.9.1996 directed the Ministry of Environment & Forests. The Central Pollution Control Board submitted a detailed proposal for establishing four air quality monitoring stations in Agra region before the Court.8.2000 the Central Pollution Control Board inspected the Foundry Nagar Industrial area. The Hon¶ble Court on 7. Monitoring reports are being submitted to the Hon¶ble Court on regular basis since February. 2002.2. The Mahajan Committee was consisted of Shri Krishan Mahajan. 2002.11. The Hon¶ble Supreme Court on 30.2001 and directed that the full cost towards the hardware for monitoring stations and hardware for Central Laboratory would be provided by the Mission Management Board (MMB) (functioning under the Ministry of Environment. 26 . The officials of the Central Pollution Control Board were also directed for inspection of the Green Belt area in every three months. These air quality monitoring stations are to be run by the Central Pollution Control Board and monitoring report of these stations be submitted in the Court every month.8.12.Constitution of Mahajan Committee: The Mahajan Committee was constituted by the orders of the Hon¶ble Supreme Court dated 5. On the directions of the Hon¶ble Supreme Court. dated 13. Government of India for monitoring and maintenance of the trees planted in the green belt. Government of Uttar Pradesh and is located in Lucknow) and with regard to the remaining amount of operational cost would be made available by the Central Government to the Central Pollution Control Board within four weeks from the date of the order.1996 directed the Mahajan Committee to inspect the progress of the green belt developed around the Taj Mahal every three months and submit progress report in the Court for the period of next three years.1996 and 3. Agra and the premises of the Taj and submitted its report with its recommendations.2000 while accepting the recommendations of the Central Board directed that the four Ambient Air Quality Monitoring Stations be installed in Agra region and these stations be run continuously for one year all the seven days in a week. the Hon¶ble Supreme Court on 30.

security of Taj Mahal. slaughter house. compliance of direction of the Hon¶ble Supreme Court by the Mission Management Board. supply of gas to the industries located in Firozabad. 10. and 12. industries located in Agra including foundry units. 4. traffic management & encroachment within the 500 metre zone of the Taj Mahal. The following issues are under active consideration of the Hon¶ble Supreme Court: 1. 6. 8. 11. 9. 7. booking window at Taj Mahal for collection of Toll Tax. 2. 5. the Hon¶ble Supreme Court. promotion of Non-Conventional Energy Source. opening of Taj Mahal in the night. unauthorized construction within 100 metre from the southern gate of the Taj Mahal. Agra Heritage Fund.Apart from the establishment and operation of four monitoring stations in Agra. is monitoring several other important issues which were directly related to the pollution problems of Agra and TTZ area. 3. 27 . brick kilns located 20 km away from Taj Mahal or any other significant monument in the TTZ area including Bharatpur Bird Sanctuary .

II & III. 10. 7. wood. (b) Vehicular Pollution The salient features of actions taken to control vehicular pollution are as follows: 28 . Petha Industries operating in the city shall be shifted to Kalindi Vihar site identified for this industry and shall operate by CNG/LPG only. Restriction on supply and usage of coal.Action Plan for the Control of Air Pollution for the city of Agra ( As on October 2003) The city of Agra has been divided into five different zones & action plan has been proposed in a zone wise manner. 5. In zone I. (a) Industrial Pollution The salient features of actions taken to control industrial pollution are as follows: 1. Currently four monitoring stations are there in the Agra city 6. It is proposed to implement the same in different zone in the following manner: Zone-I : Already started.G sets installed by Industries/ commercial establishments in no gas zones shall be fitted with wet scrubber 7 acoustic enclosures. Zone-IV: If gas is available then one year from the date of approval Zone-V: As per GAIL it is a no gas zone due to safety reasons. 9. Zone-II & III : By Sept¶02layingof pipe lines expected & by supply expected by Oct 2002. Regular monitoring of ambient air quality in the Agra city. Only small scale Service & Business related Enterprises (SSSBE) that are essentially required within the city. should be allowed in the designated commercial areas authorized markets/ authorized shopping plaza. Strict vigil on compliance of 292 industries that were directed by the Supreme Court not to use coal or coke. 4. 114 industries are drawing natural gas for use in production processes. New Industries using coal and coke are not being allowed to set up in Agra Trapezium zone in Uttar Pradesh. 8. 2. D. baggase to the industries situated in the city limit of Agra. All the brick kilns within the radius of 20 kms of significant monuments of Agra city have been closed. rice husk. It is proposed to supply CNG as fuel for processing /production & it is also proposed to replace DG sets with Gas generators. Out of 292 industries 87 has been connection for CNG by GAIL. 3. Coke.

Phasing out grossly polluting vehicles plying within the city in a phased manner. commercial jeeps. Taxi.05%) and premixed petrol in Agra. 6. Supply of ultra low sulphur diesel (0. city buses diesel ambassador taxi. Taxis. Notification and compliance for fitting of filter/wet scrubber in tempo. One Auto LPG dispensing stationis already stationed and isexpected to be operational by October 2003. light / medium goods vehicles heavy goods vehicles registered in Agra. Buses etc being used for public transport are proposed to be converted to cleanfuel like CNG/ LPG etc in a phased manner. 5. Stop plying diesel driven tempo-taxis and auto rickshaws on MG road and prohibition of all type of commercial vehicles within the radius of 500 mts of Taj Mahal. 7. 2. Setting up of CNG/LPG retail outlets within Agra City for supplyingCNG/LPG to the vehicles in a phased manner.102 crores. For the establishment of CNG station for vehicles and piped natural gas at Agra the total project cost will be around Rs. Tempo. 3-wheeler. 8. Till. such time these vehicles shall be-fitted with wet scrubber /filter and a notification for compulsory wet scrubber /dry filter shall be made. Auto Rickshaws. Commercial vehicles including 3 wheelers. Scheme for switching over to LPG/CNG 29 . 3. 4.Vehicular Pollution The salient features of actions plan to control vehicular pollution are as follows: 1. Ban on supply of loose 2T oil at petrol pumps and supply of only premixed 2T oil gasoline in all petrol pump.

One workstation has been established by IOC and supply is expected within one month Findings of the Action Plan SO2 levels are with the prescribed National Ambient Air Quality Standards for sensitive areas. NO2. The reason for low levels of SO2 may be various measures taken such as reduction of sulphur in diesel. commercial and domestic use of fuels.NO2 levelsexceeded the NAAQS (annual average). RSPM and SPMSO2 levels werelowerthan the NAAQS (annual average) during all the monitored years. ZoneII & III it is proposed to supply CNG by Oct¶02while in Zone-IV supply will be ensured within one year after approval. biomass incineration. engine gensets.y y For CNG two online stations and 5 daughter stations are proposed to be commissioned by GAIL within 15 months after approval . While zone-V is no gas zone. The reason for high particulate matter levels may be vehicles.RSPM levels exceeded the National Ambient Air Quality Standard (Annual Average). small scale industries.In zone ±I CNG is already being supplied. implementation of stricter emission norms and commensurate fuel quality. boilers. 30 . SPM levels exceeded the National Ambient Air Quality Standard (Annual Average). For LPG work has been initiated for establishment of one Auto LPG stations by IOC. etc Air Quality Trends in Agra Trend in annualaverage concentration of SO2 . NO2. RSPM and SPM levels exceed the prescribed National Ambient Air Quality Standards for sensitive areas. resuspension of traffic dust.

The Central Pollution Control Board monitoring the ambient air quality at Taj Mahal. The monsoons results inlarge amount of precipitation. steady decrease in SO2 concentrations attributed to supply of Ultra Low Sulphur Diesel (0. The winter months of are relatively much calm than other months. Rambag and Nunhai. which in turn allows for less general circulation and thus more stagnant airmasses. The concentrations are maximum in wintermonths and are lower during summer and monsoon months. high wind velocities and changes in general wind direction. Edmad-UdDaula.The large amounts of precipitation reduce atmospheric pollution via associated wetdeposition processes.Meteorological Issues Meteorological factors play a important role in air pollution studies particularly in pollutant transport irrespective of their entry into the environment. There has been declining trend of SPM.3. there is increased atmospheric stability. 31 . atmospheric dispersion is typically at a minimum and therefore the pollutants will not be as widely dispersed. Further wind velocities will allow for pollutant transport away from sources and increase mixing processes.005%) and initiation of other measures including ban on the use of coke / coal towards prevention and control of acidic anthropogenic pollution at Agra and continuation of no-change trend of NO2 due to increased number of CNG vehicles and industries around the city. Seasonal variation inRSPM levels is depicted in Figure 4. During winter. The air quality data so generated from these monitoring stations in Agra are being displayed at Taj Mahal. Present Status of pollution at TTZ Pursuant to the directions of the Hon¶ble Supreme Court the Central Pollution Control Board had established four air quality monitoring stations and one Central Analytical-cum-Calibration Laboratory at Agra.During the winter. practically no change in the RSPM since year 2002 (monitoring initiated in year 2002). Agra since year 1991 have been compared and analyzed for trend analyses. The prevailing calm conditions facilitate more stability to atmosphere and consequently slow dispersion of pollutants generated and help in build up ofpollutants in vicinity of the pollutant sources. As per the data obtained by CPCB the least pollutant profile was observed at Tajmahal among all the monitoring stations at Agra. Air Quality Data generated from the monitoring station at Tajmahal. Stagnant air masses allow more accumulation of pollutants in any given area.

Delay in Justice The right of access to justice is characterized as the most fundamental of all the fundamental rights. The directions to install cupolas on iron foundries has not been realized so far. The proposal for Environmental Courts is intended to lessen this burden. It took 16 years for a petition filed in Supreme Court to complete the investigation. It will be noted that the Court constantly referred environmental issues to experts. 32 . surveys to protect Taj Mahal and to establish a Taj Trapezium. 32 while the others were decided in appeals filed under Art 136 against judgments of the High Courts rendered in writ petitions filed under Art 226. coastal areas and forests. in the various cases referred to above. To that extent every court in the country should be turned into environmental court. The Courts. who are residing in remote places in hills. The superior judiciary has made tremendous progress in distributing environmental justice. fairness and compassion. laid down the basic foundation for environmental jurisprudence in the country. in the determination of his rights and obligations and any criminal charge against him. Recommendation The environmental justice is part of socio-economic development of the society. as already stated. are not the forum to solve all environmental related challenges in the country. These cases have added tremendous burden on the High Courts and the Supreme Court. But that as it may. Some of these 52judgments of the Supreme Court were given in original writ petitions filed under Art. for environmental actions.´ Considering the gravity of the case as it not only involved a World Heritage Site butIt took more than 10 years for the Central Government to constitute authorities under the Environmental (Protection) Act. The orders passed by the Supreme Court have provided healing touch to many and even those. Australia and New Zealand have taken the lead in establishing Environmental Courts which are manned by Judges and Commissioners. and the Court has been framing schemes. ³everyone is entitled in full equity to a fair and public hearing by an independent and impartial Tribunal. The above judgments of the Supreme Court of India will show the wide range of cases relating to environment which came to be decided by the said Court from time to time. the Supreme Court has. The Universal Declaration of Human Rights mandates in Article 10 that. Only the trained and motivated judges can take correctional measures and help in distributing environmental justice with human element. 1986 and that too only after the reminders given by the Supreme Court in Vellore Citizens Welfare Forum case. issuing directions and continuously monitoring them. The Court has been and is still monitoring a number of cases. Judiciary has to be equipped with creation of additional capacities to deal with the whole gamut of environment related issues. however.

Union of India.uk/docs/qmlj_issue6. WP 13381/1984 (1996.nlsenlaw. The National Law School of India University http://www.C.References y Pg 21 Issue 6 May 2001 of ³Law Journal´ ± Queen Mary& Westfield College ± University of London.C. WP 13381/1984 (2003.30) (Taj Trapezium Case) http://www.htm Annual Report 2008-09 of Centre Pollution Control Board experience in y y y y y y http://cpcb.org/node/2718 Judgments in all MC Mehta Vs UOI cases http://www.pdf y M.in/upload/AnnualReports/AnnualReport_37_ANNUAL_REPORT-0809.legalserviceindia.ac.htm Human Rights and the Environment. Union of India. Mehta v.M. Mehta v. by Dr Jona Razzaque http://www2.nlsenlaw.pdf India -.com/articles/greeneco. http://www.12.qmul.elaw. by YK Sabharwal -CJI http://www.nic.org/node/2531 India -.org/english/issues/environment/environ/bp4.M.20) (Taj Trapezium Case) http://www.law. C Mehta v Union Of India AIR 1997 SC 734.ohchr.org/air-noise/case-laws/supreme-court/search 33 .02.elaw.org/environmental-protection/articles/human-rights-and-theenvironment/ ³Human Rights and the Environment: the national South Asia and Africa´.

J. It is the perfect culmination and artistic interplay of the architects' skill the jewellers' inspiration. 2. 13381 of 1984 (Kuldip Singh. Lord Robert in his work "Forty-one years in India" describes the Taj as under : "Neither words nor pencil could give to the most imaginative reader the slightest idea of all the satisfying beauty and purity of this glorious conception. It represents the most refined aesthetic values." 34 . Mehta (Taj Trapezium Matter) Vs Union of India and Others Writ Petition (C) No. It stands out as one of the most priceless national monuments. Taj Mahal . Faizanuddin JJ) 30. .Go to India.Annexure Annexure 1 M.is the "King Emperor" amongst the World Wonders. The Taj is the final achievement and acme of the Moghul Art. The marble in-lay walls of the Taj are amongst the most outstanding examples of decorative workmanship. I would say. the Taj alone is well worth the journey.The Taj . of surpassing beauty and worth. The elegant symmetry of its exterior and the aerial grace of its domes and minarets impress the beholder in a manner never to be forgotten. a glorious tribute to man's achievement in Architecture and Engineering. To those who have not seen it.1996 JUDGMENT KULDIP SINGH. ± 1. It is a fantasy-like grandeur. C.12.

Yellow pallor pervades the entire monument. It is inside the Taj that the decay is more apparent. Angles must have brought it from heaven and a glass case should be thrown over it to preserve it from each breath of air. too holy to be the work of human hands. The Taj is threatened with deterioration and damage not only by the traditional causes of decay. no words can describe it.A poet describes the Taj as under : "It is too pure.in the atmosphere forms sulphuric acid called "Acid rain" which has a corroding effect on the gleaming white marble." 3. We felt that all previous sights were damned in comparison. including the Taj Mahal. wife of Emperor Shah Jahan." 4. but also by changing social and economic conditions which aggravate the situation with even more formidable phenomena of damage or destruction. diesel trains and buses. and back-up generators. it hardly seems of the earth. water and electricity.000 tons of trans-India truck traffic financing. No such effect is produced by the first view of St. Constitution of the proposed Agra Ring Road and Bypass that would divert the estimated daily 6. They are all majestic. It is more like a dream of celestial beauty. vehicular traffic and generator-sets are primarily responsible for polluting the ambient air around Taj Trapezium (TTZ).Agra . The densest pollution near the Taj Mahal is caused by residential fuel combustion. In places 35 .India The Taj Mahal.50. marble tomb for Mumtaz Mahal. Strict controls on industrial pollution established in 1982 are being intensively enforced following a 1993 Supreme Court Order. the foundries. is considered the epitome of Mughal monumental domed tombs set in a garden. According to the petitioner. brick-kilns. The environment of Agra is today beset with problems relating to the inadequacy of its urban infrastructure for transportation. Industrial/Refinery emissions. The Sulphur Dioxide emitted by the Mathura Refinery and the industries when combined with Oxygen . The Asian Development Bank's proposed $300 million loan to the Indian Government to finance infrastructure improvements would provide the opportunity to solve the chronic problems. chemical/hazardous industries and the refinery at Mathura are the major sources of damages to the Taj." Sammuel Smith in his book about the Taj explains the impact as under : "We stood spellbound for a few minutes at this lovely apparition. but this is enchantment itself. The Taj has been included in the list by stating as under : "The Taj Mahal . Agra contains three World Heritage Sites. The petition states that the white marble has yellowed and blackened in places.with the aid of moisture . A private sector preservation organisation called "World Monuments Fund" (American Express Company) has published a list of 100 most endangered sits (1996) in the World. So perfect is its form that all other structures seem clumsy. Peter's or Milan or Cologne Cathedrals.

is no its way to degradation due to atmosphere pollution and it is imperative that preventive steps are taken and soon. Even though the total amount of emission of Sulphur Dioxide from these sources may be small..the yellow hue is magnified by ugly brown and black spots. As far as suspended particulate matters are concerned. because of use of coal. The Report of the Expert Committee called "Robert Environmental Impact of Mathura Refinery" (Varadharajan Committee) published by the Government of India in 1978 has been annexed along with the writ petition. The Committee further recommends that no large industry in the Agra region and its neighbourhood be established without conducting appropriate detailed studies to assess the environmental effect of such industries on the monuments. . Para 4.. . a number of small industries mainly foundries (approximately 250) and a Railway Shunting Yard. Similar considerations may apply to large industries such as Fertilizer and Petrochemicals. The petitioner has finally sought appropriate directions to the authorities concerned to take immediate steps to stop air pollution in the TTZ and save the Taj. the following recommendations : "Steps may be taken to ensure that no new industry including small industries or other units which can cause pollution are located north-west of the Taj Mahal. Such industries which are likely to cause environmental pollution may not be located in the neighbourhood of the refinery. contribution will be substantial. in an area south-east of Agra beyond the Taj Mahal so that emissions from these industries will not be in the direction of the monuments... It recommends that an appropriate authority be created which could monitor emissions by industries as well as air quality at Agra on a continuous basis. Location should be so chosen as to exclude any increase in environmental pollution in the area.. 5. Fungal deterioration is worst in the inner chamber where the original graves of Shah Jahan and Mumtaz Mahal lie.. among others.. The possible sources are all coal users consisting of two Power Plants.. The Committee also recommends that studies should be undertaken by competent agencies to explore the possibility of protecting the monuments by measures such as provision of a green belt around Agra in the 36 . The Committee wishes to record its deep concern regarding the existing level of pollution in Agra..1 of the conclusions therein is as under : "There is substantial level of pollution of Sulphur Dioxide and particulate matter in the Agra region. . According to the petitioner the Taj .a monument of international repute . their contribution to the air quality of the zone will be considerably high. on account of their proximity to the monuments. The Committee particularly desires that recommendations made in regard to reduction of existing pollution levels at Agra should be covered to a time-bound programme and should be implemented with utmost speed. .. This authority should be vested with powers to direct industries causing pollution to limit the level of emission and specify such measures as are necessary to reduce the emissions whenever the pollutant level at the monuments exceeds acceptable limits." Varadharajan Committee made. Efforts may be made to relocate the existing small industries particularly the foundries.

With the elimination of the first and the fourth sources . (iv) two railway marshaling yards and (v) vehicular traffic respectively..28.. Omitting contribution from vehicular traffic as because it is considered negligible. 10 folds of the promulgated CPCB standard of 30 ug/m3 for sensitive areas. . the Committee is of the opinion that till such time this problem is studies in depth and suitable technologies have been found to be satisfactorily in use elsewhere the use of coal in the refinery power plant should be deferred.region between Mathura and Agra. High air pollution load is thus pumped into the Taj air-shed.about 50 per cent (48. The Central Board for the Prevention and Control of Water Pollution.9 to be exact) cut-down of Sulphur Dioxide emission is expected. (vi) Chemical. steam coal. On four occasions during the five-year air quality monitoring. Relevant part of the report is as under : "The sources of pollution.065 tonnes a day and should be considered negligible for the present (Para 7. Sudden rises in concentration level are often recorded in all directions in gaseous as well as particulate pollutant depending upon the local micro climatic conditions.e.. Even though assurances have been obtained from IOC that adequate precautions would be taken to contain the pollution on account of using coal in the power plant." 7. including small and medium-scale industrial units. 32. the relative contributions from the other 4 distinct sources are 32. 1. (v) Engineering. 1. i. are scattered all around Taj Mahal.9 per cent.. The contribution of Sulphur Dioxide from the 5 recognised distinct discrete sources in tonnes per day 2.28. The values exceeded even the standard of 120 ug/m3 set for industrial zones. Rotary Furnaces etc. and 16. (ii) Ferro-alloy and Non-Ferrous Castings using Crucibles." 6.64 tonnes per day from industrial activities in Agra City and its outskirts (Table 5-3)..36. 19. (ii) foundries.4). the 4 hrly average values of SO2 at Taj Mahal were observed to be higher than 300 ug/m3. (iii) other industries in Agra. The contribution of Sulphur Dioxide through emission primarily from the combustion from the fuels comprising hard coke. wood and fuel oil is estimated as 3. . .. (iii) Rubber Processing.065 from (i) two thermal power stations. Statistical analysis of the recorded data indicate that 40% 37 . The relevant findings are as under : "Industrial activities which are in operation in Agra City and its outskirts could be categorized as (i) Ferrous Metal Casting using Cupolas (Foundry). New Delhi. published a report (Control of Urban Pollution Series CUPS/7/1981-82) under the title "Inventory and Assessment of Pollution Emission in and around Agra-Mathura Region (Abridged)". (iv) Lime Oxidation and Pulverising. The vehicular contribution as estimated from traffic census in 6 road crossing is only 65 kgs a day or 0. The National Environment Engineering Research Institute (NEERI) gave an "Overview Report" regarding status of air pollution around the Taj in 1990..21 and 0. 2. and (vii) Brick and Refractory Kilns (Table 4-1).... .by closing down the two thermal power stations and replacing coal-fired steam engines by diesel engines in the two railway marshalling yards .

significantly both the as well as the biotic components of the ecosystem like plants and building material like marble and red stone. This causes serious concern on the well-being of Taj Mahal..P. The Pollution Board after doing this exercise shall submit a report to this Court on or before 5-5-1993. According to him. It is stated in the affidavit that as per survey report furnished by the Regional Office of the U.(cumulative percentage level) has crossed the standard set for sensitive receptors/zones. The SPM levels at Taj Mahal were invariably high (more than 200 ug/m3) and exceeded the national ambient air quality standard of 100 ug/m3 for SPM for sensitive locations barring a few days in monsoon months. Pollution Control Board to get a survey done of the area and prepare a list of all the industries and foundries which are the sources of pollution in the area.P. lime processing.P. . .TOTAL 511 -----## 38 . . chemical industry. Mehta. Another study during 1985-87 brought to fore that the overall status of the ambient air quality within the trapezium has significantly deteriorated over this period. rubber processing. M." Pursuant to the above-quoted order the U. The gaseous pollutants being acidic in nature. C. Board the industries of Agra region were categorised as under : # Nature of Industry Number of Industries (i) Foundries 168 (ii) Rubber Factories 20 (iii) Engineering Industries 46 (vi) Chemical and other Industries 55 (v) Lime Kilns 03 (vi) Refinery (situated at Mathura) 01 (vii) Glass Industries (situated at Ferozabad) 49 (viii) Brick Refractories and Poultries 09 (ix) Bangle Industries (situated at Ferozabad) 120 (x) Block Glass Industries 40 -----." This Court on 8-1-1993 passed the following order : "We have heard Mr. the sources of pollution in Agra region as per the report of the Central Pollution Control Board are iron foundries. U." The impact of the air quality on the Taj has been stared as under : "The period industrial development of Agra-Mathura region has resulted in acidic emissions into the atmosphere at an alarming rate. We direct the U.P. Ferro-alloyed industries. A copy of this order be sent to the Chairman and Secretary.. brick refractory and vehicles.. He further states that distant sources of pollution are the Mathura Refinery and Ferozabad Glass Industry. The Pollution Board after having the survey done shall issue notices to all the foundries and industries in that region to satisfy the Board that necessary anti-pollution measures have been undertaken by the said industries/foundries.. Pollution Control Board for compliance and report as directed. the petitioner in person. Pollution Control Board (the Board) filed an affidavit dated 3-5-1993.. It is necessary to have a detailed survey done of the area to find out the actual industries and foundries which are working in the region.. engineering.

The closure order was to operate till the time necessary pollution control devices were to be set up by the industries concerned. 8. All the 511 industries be called upon to file replies to the notices already issued by the Board within further time of eight weeks from the date of the publication of the notices in the newspapers. the NEERI recommended the use of natural gas... The names and addresses of the said industries have been enclosed along with the affidavit. This publication shall be done within two weeks from today. The Mathura Refinery is being dealt with separately. an affidavit has been filed by the U. Although Mathura Refinery is included in the list of 511 industries but we are not dealing with the Refinery in this judgment. U. All the foundries/industries are represented before us through the National Chamber of Industries and Commerce. How the deterioration of marble occurs. We direct the U. is stated by NEERI as under : 39 . NEERI submitted its report dated 16-10-1993/18-10-1993 regarding Sulphur Dioxide emission control measures at Mathura Refinery.P. This Court considered the affidavit filed by the Board and passed the following order on 5-51993 : "Pursuant to this Court's order dated 8-1-1993. The NEERI Report examined in detail the decay mechanism and status of the Taj marble. setting up of Hydro-cracking unit." Pursuant to this Court's order (quoted above) the Board filed affidavit dated 5-8-1993 wherein it is stated that public notice was published in two local newspapers of Agra on 17-5-1993 and two national newspapers on 18-5-1993 calling upon the industries to file their replies during the extended time. Chamber of Commerce and the Glass Industries Syndicate.The affidavit further states that notices were issued to the aforesaid 511 industries/foundries as directed by this Court. 9. Suffice it to say that apart from short-term strategy. Pollution Control Board. The matter be listed on 10-8-1993. .P. U.P. The 212 industries who did not respond to the notice and failed to take any step towards installing the pollution control devices were closed by the order dated 27-8-1993 with immediate effect.P. inspect any of the industries in order to find out the correctness of the replies filed by the industries. the Board may. After the replies from the industries are received and processed by the Board. Pollution Control Board to issue a public notice by getting the same published in two local newspapers and two national newspaper calling upon all the 511 industries to install anti-pollution mechanism/effluent treatment plants if they have not already done so. The affidavit states that all the listed industries were polluting industries and 507 out of them had not even installed any air pollution control device.. It has been stated therein that in terms of this Court's order dated 8-1-1993. Meanwhile. notices have been issued by the Board to 511 industries in Agra region. improved Suplhur recovery unit. if it so desires. Agra. Some of the individual industries have also been represented through their learned counsel. The industries are required to file their replies to the notices by 5-5-1993 (today). Since the Mathura Refinery matter is being dealt with separately it is not necessary to go into the details of the report. Chemo-biochemical Sulphur recovery and the setting up of green belt around the Refinery.

gradual reduction of material occurs." The NEERI Report indicates the air-pollution effect on the Taj in the following words : "The Taj Mahal marble samples analysed by NEERI in 1993 reveal that the black soot on certain protected surfaces contains 0. Goswami.6% Calcium and traces of Sulphate. The crusts are formed due to Sulphur Dioxide. and in turn enhance degradation of marble calcite to gypsum. exfoliates due to mechanical stresses. but with tar it acts as a soiling agent. this Court passed the following order : "On 5-11-1993. e.g. Manganese. we suggested to Mr. It is also observed that trace metals present in fly ash and suspended particulate matter. The origin of soot can be traced back to the fuel consumption around the sensitive receptor. Meanwhile. Here a crust is formed. We give him time till 26-11-1993. and protected from direct impact of rain. During monsoon seasons. which after some period. The earlier studies have revealed that the concentrations of gaseous pollutants and SPM (predominantly soot and carbon particles) are relatively high during winter months due to the frequent inversion conditions restricting vertical dispersion."The deterioration of marble occurs in two modes. returnable on 26-11-1993. while quartz is derived from geocrustal origin and causes surface abrasion. N. but the cumulative effect of all pollutants are more damaging. suspended particles are washed away and this cycle of pollutant builds up and subsequent removal continues exposing fresh surface of the monument to the pollutant. Further. Ministry of Petroleum. weathering takes place if the marble is sheltered under domes and cornices. Iron and Vanadium act as catalysts for oxidation of Sulphur Dioxide. Mr. X-ray diffraction studies indicated that soot and quartz (Silicon Dioxide) and the major constituents of the black coating at Taj Mahal (Lal and Holden. ES & T. April 1981). we also issue notice to the Secretary." On 19-11-1993. In case of marble exposed to rain. Goswamy states that he is already in touch with the authorities concerned and needs little more time. as the reaction products are washed away be rainfall and fresh marble is exposed. (GAIL) regarding supply of natural gas to the industries operating in TTZ and passed the following order : 40 . Absorption of the acidic gases is enhanced due to the presence of soot/smoky matter resulting in long-term effects. learned Senior Advocate. He must file concrete proposal before the next date of hearing. the presence of soot reduces the aesthetic value of the monument." This Court on 26-11-1993 examined the affidavit filed by the Gas Authority of India Ltd. Ambient air round Taj Mahal is polluted primarily from point/line sources and has adverse impacts on building material by alteration of marble and sandstone structures at micro-crystalline level. Gas Authority of India. In the first mode. Soot in itself is not chemically destructive. appearing on behalf of the Union of India to find out the possibility of providing gas as fuel to the Glass Industries and the foundries around Agra. N. Government of India and the Chairman.

The NEERI in its project proposal dated 19-12-1993 regarding feasibility of utilisation of natural gas as replacement of conventional fuel in the industrial sectors of Agra. Sharma is also present in Court. General Manager. P. To be listed on 17-12-1993. Mr. Let this be done. Mathura and Ferozabad stated as under : "The Ministry of Environment and Forests (MEF). Mr. FO. (or any other officer on his behalf) to be present in Court on 17-12-1993. (GAIL). 41 . R. Marketing and Planning. General Manager. shall be supplied to NEERI within a week. NEERI and Mr.g. The existing HBJ pipeline laid by GAIL for transmission and distribution of CNG from the Western Offshore Region passing through Gujarat. Mr.P. Sharma. Stringent pollution control regulations have been stipulated by the Government of India but the industries within Agra area are not meeting the prescribed emission standards. Khanna. the work of doing further survey on behalf of the Gas Authority of India Ltd. NEERI proposed a study on techno-economic feasibility of utilisation of Compressed Natural Gas (CNG) as a replacement of solid/liquid fuels (e. Coal. According to him. states that whenever data in this matter is available with the State of U. Khanna states that they will respond to the terms within a week thereafter. Mathura and Ferozabad region. We request Dr. NEERI has done the survey under the directions of this Court. He further states that so far as Mathura Refinery is concerned. General Manager.) in the industrial sectors of Agra. Dr. Dr. R. states that the Gas Authority shall send their terms of reference to the NEERI within ten days. retained the National Environmental Engineering Research Institute (NEERI) in December 1992 to redefine the Taj Trapezium. Sharma that without undertaking the detailed survey with regard to the assessment of demand and other technical requirements it would not be possible to proceeds further in this matter. Director. Director.P. Madhya Pradesh. has filed an affidavit dated 25-11-1993. Gas Authority of India Ltd."Pursuant to this Court's order dated 19-11-1993. Khanna. As per the directives of the Hon'ble Supreme Court of India. P. Sharma. Pradeep Misra. P. The study was completed in July 1993. R. NEERI has suggested change over to cleaner fuel like ONG for mitigation of air pollution in the region. learned counsel appearing on behalf of the U.P. Amongst the options proposed in the Air Environment Management Plan in Taj Trapezium Report. Sharma. Gas Authority of India Ltd. One of the reasons is that the industries use coal and coke for their fuel requirements. State Pollution Control Board." 10. It has been stated in the affidavit and also orally by Mr. Mr. can be undertaken by NEERI if the terms are suitable. based on the Terms of Reference formulated by the Gas Authority of India Ltd. Gas Authority of India Ltd. LSHS etc. NEERI states that some sort of survey in this respect has already been done by the State of U.

We are thankful to Mr. We place the statement of the outcome of discussion held by Mr. State Industrial Development Corporation through its Managing Director to locate sufficient landed area possibly outside the Taj Trapezium where the foundries and other industries located within the Taj Trapezium can be ultimately shifted.00 MMSCMD CNG requirements for Agra. NEERI has projected approximately 1. V. This may be done within 2 weeks from today. learned Additional Solicitor General on 14-11994 to have discussion with the authorities concerned and assist us in probing the possibility of providing some safe fuel to the foundries and other industries situated in the Taj Trapezium. This Court by the order dated 11-2-1994 asked the NEERI to examine the possibility of using Propane or any other fuel instead of coal/coke by the industries in the TTZ. Presently the total availability of CNG ex-Hazira is of the order of 20 MMSCMD. Ministry of Environment shall pay the charges of NEERI in this respect. Delhi and Haryana can be tapped to serve this sensitive area. Government of India. State Industrial Development Corporation (the Corporation) to locate sufficient areas outside the TTZ to relocate the industries. Based on the existing energy demand. This Court also directed the U. We further direct the U. Khanna to examine the feasibility of Propane as a possible alternative to the present fuel which is being used by the foundries and other industries in the Taj Trapezium. R. Copy of this order be sent top the Director. The Managing Director of the UPSIDC shall file an affidavit before this Court on or before 4-3-1994 indicating the steps taken by the Corporation in this respect. Reddy has suggested that NEERI be asked to examine the possible effects of the use of Propane as a safe fuel from the point of view of atmospheric pollution. Reddy. Auraiya in Uttar Pradesh is the nearest possible tapping point which is at an approximate distance of 170 kilometres from Agra. 2500-2700/1000 m3 which will be further altered by Government of India after 1995 (GAIL's projection).Rajasthan. We also direct the Gas Authority of India to indicate the price of Propane which they might have to ultimately supply to the industries within the Taj Trapezium or the industries which are to be shifted from within the Taj Trapezium. Reddy for doing a good job and placing before us various suggestions in that direction. Mr. The Corporation shall also indicate the various incentives which the Government/UPSIDC might offer to the shifting industries. We accept the suggestion and request Dr." 42 . Reddy with the authorities concerned on record.P. This may be done within 4 weeks from today. Mathura and Ferozabad region. The price of CNG at Auraiya (exclusive of tax) ranges from Rs. NEERI within 2 days from today. Uttar Pradesh." 11. and is expected to increase to 38-39 MMSCMD in 1998-99 as projected by GAIL.P. P. The operative part of the order is as under : "We requested Mr.

00 p. therefore. K. S. to depute a responsible officer to be present in the Court on 8-3-1994 at 2 p. Manglik. Jain and Mr. Department of Industries. Advocates have been appearing for various industries. Both these places are about 60/65 kms away from Agra and are outside the Taj Environment Trapezium. the Chairman of the Indian Oil Corporation and the Chairman of the Gas Authority of India to be personally present in this court on 8-3-1994 at 2. and submit the same in this Court within a week from today. State Industrial Corporation Limited. the Court passed the following order : "Pursuant to this Court's order dated 25-2-1994. General Manager and other officers of various commissions/corporations and departments were present in Court. K.P. We further direct the Secretary. We.m. After hearing them. K. The Corporation has filed an affidavit wherein it is stated that the Corporation has 220 acres of developed land in industrial area. After examining the contents of the affidavit.P. Venugopal. it is necessary to know the exact number of air polluting industries which are operating within the Taj Trapezium which are to be shifted outside the trapezium. this Court on 4-3-1994 passed the following order : "Mr. Sanjay Parikh. Pradeep Misra. to file/cause to file a list of all the air polluting industries within the Taj Trapezium in this Court within a week from today. Oil and Natural Gas Commission along with Shri Atul 43 . K. Government of Uttar Pradesh. They also undertake to get the information in this respect and give a list to the U." On 8-3-1994 the Chairmen. Ministry of Petroleum. It is further stated that undeveloped land measuring 330 acres is available in Salimpur in Aligarh District. We further direct the Secretary. learned Senior Advocate appears for the U. fairly states that he would direct the Board Secretariat to prepare a list on the basis of their record and survey. Mr. which is about 80 kms away from Agra. learned counsel for the U. State Pollution Control Board. Chairman and Managing Director.m. Before we issue any directions regarding the development of area or allotment of land to various industries. Kosi (Kotwa) where 151 plots are available for immediate allotment.P. Pollution Control Board. It is also stated that 85 acres of undeveloped land is also available at Etah." The Corporation filed an affidavit dated 3-3-1994 indicating the location/area of various industrial estates which were available for relocation of the industries from TTZ. Shri S. request the Chairman of the Oil and Natural Gas Commission. Mr.This Court on 25-2-1994 examined the issue relating to supply of natural gas to the Mathura Refinery and the industries in the TTZ and passed the following order : "With a view to save time and red-tape we are of the view that it would be useful to have direct talk with the highest authorities who can take instant decision in the matter.

Chandra. We propose to issue public/individual notices inviting objections/suggestions from the industries concerned. The NEERI has suggested various measures for controlling the pollution in the area. there was a team of about 30 scientists participating in the project. This Court on 11-4-1994 examined the NEERI Report dated July 1993. passed the following order : ". Joint Secretary. this Court on 29-4-1994 passed the following order : ". Bakshi. P. Kapur. The NEERI in its report has found as a fact that the industries in the TTZ (Districts of Agra. It is further clear from 44 . because of the industries located in and around Agra. (Mrs. This matter to come up for further consideration on 8-4-1994. We have discussed our viewpoint with Shri Manglik. Gas Authority of India along with Shri R. Mr. Aggarwal and Dr.. Chairman and Managing Director. This may be done within five days. are present in Court. While the industries have being heard on the issue of relocation. Ferozabad and Bharatpur) are the main source of pollution causing damage to the Taj. learned Senior Counsel appearing for the UPSIDC.) Thakra. 14. R. We place on record our appreciation for having respondend to our request. Venugopal states that he would prepare and file the format of the said notice. Shri B. The matter is being processed separately.. The other notable recommendation is the setting up of the Green Belt Development Plan around the Taj to save it from the effect of pollution. Chairman and Managing Director. P. The Ministry of Environment and Forests retained NEERI in January. NEERI and the project leaders were Dr." 13. A. Ministry of Petroleum. N. This Court on 11-4-1994 after hearing the learned counsel for the parties. Shri Shah and Shri Bakshi. the green belt as suggested by NEERI is already in the process of being planted/grown around the Taj. Under the directions of this Court. General Manager (Marketing).. One of the suggestions made is the shifting of the polluting industries to an area outside the TTZ. The report was prepared under the guidance of Dr. Mr." When the matter came up for consideration on 31-3-1994. Mathura. Indian Oil Corporation along with Shri A. Sharma. Khanna. Shri K. Choudhary and Shri S. is there is any. P. The NEERI submitted its final report to the Government of India in July 1993. K. We have requested them to file in this Court a note each with regard to the discussion we have had with them in the Court. K. Shah.. states that the UPSIDC would examine the demand of each of the industry and thereafter locate the requisite area outside the Taj Trapezium for shifting these industries. 1993 to undertake an extensive study with a view to redefining the TTZ (Taj Trapezium) and realienating (sic) the area management environment plan. Efforts are being made to free the prestigious Taj from pollution. passed the order indicating that as a first phase the industries stated in Agra be relocated out of TTZ. this Court while examining the question of relocating the industries. Shri Kapur. In addition. Venugopal. Group General Manager (Operation). A copy of the report was placed on the record of this Court.

The authority can also identify the polluting industries in the Taj Trapezium. AVU furnaces) and boilers of Mathura Refinery with air preheaters. Ministry of Environment and Forests. request Mr." Pursuant to the above-quoted order. safety and minimum implementation time-frame. the Government of India. Meanwhile the Indian Oil Corporation placed on record its report on the feasibility study regarding the use of safe alternate fuel by the Mathura Refinery. Minister-in-charge. personally. We. Ministry of Environment and Forests. within three days from today.g. Department of Environment and Forests. 15. This Court on 5-8-1994 passed the following order : "Pursuant to this Court's order dated 31-3-1994 the Indian Oil Corporation has placed on record the final report on the feasibility study for using alternate fuel at Mathura Refinery. The conclusion of the summary is as under : 'Out of the various alternate fuels (viz. to personally look into this matter and identify the authority who is to be entrusted with this job. In view of this.our order that the basis of the action initiated by this Court is the NEERI's Report which was submitted to the Government of India in July 1993. by the order dated 18-5-1994 appointed an expert committee under the chairmanship of Dr. Once the natural gas in brought to Mathura there would be no difficulty in providing the same to the other industries in TTZ and outside TTZ. Government of India may examine this aspect and appoint an expert authority (from India or abroad) to undertake the survey of the Taj Trapezium Environmental Area and make a report regarding the source of pollution in the Trapezium and the measures to be adopted to control the same. S. Propane. Kamal Nath. Kamal Nath. We are of the view that it would be in the interest of justice to have another investigation/report from a reputed technical/Engineering authority. Natural Gas is the most optimum fuel in view of wide international experience. therefore. The report suggested the use of natural gas as the most optimum fuel. Varadharajan. In the beginning of the Report summary along with Indian Oil Corporation's experience on the subject is given. Registry to send copy of the above-quoted order to the Secretary. LPG and Naphtha are valuable saleable products and therefore scarcely used in the world as a fuel for process-fired heaters. LPG and Naphtha) studied for use in process-fired heaters and boilers in Mathura Refinery." 45 . This must be done within three weeks from the receipt of this order. Liquid Naphtha forms vapour clouds from possible leakages from burner flanges on underside of fired heater. Other alternate fuels Propane. A responsible officer of the Ministry shall file an affidavit in this Court within two weeks indicating the progress made by the Ministry in this respect. Ministry of Environment and Forests and also to Mr. it may not be prudent to recommend use of Naphtha in large-size heaters (e. Natural Gas.

According to him. Learned counsel for the Indian Oil Corporation states that he would place the suggestion before the experts of the Corporation and assist this Court on 8-8-1994. this would be in conformity to the Report already submitted by NEERI in this respect. M. shall also be in a position to carry the supplied required for the Mathura Refinery. who can explain the whole situation to the Court. C.' Mr. however. B. to be present in Court on 8-8-1994 at 2. The affidavit shall also state as to 46 . The question for consideration. C. Learned counsel for the Corporation may also ask a responsible officer. The proposed branch line to Mathura Refinery can be completed within the time schedule of commissioning the new loop line as above. showing the progress made till date in the project of laying down the pipeline from Babrala to Dadri. In the final report dated 12-7-1994. M.00 p.m. it would be economical and time-saving exercise to lay down the lines from Auraiya or Babrala to Mathura. We direct the Gas Authority of India to file an affidavit through some responsible officer. Supply of Natural Gas to Mathura Refinery will require laying a new 10 inch diameter 13 kms long branch line tapped off from the above expansion project at Shahpur. It is further stated that a new 10" diameter 13 kms long branch line tapped of from the above expansion project would also be completed within the above time schedule. According to him the pipeline suggested by Mr.The feasibility study report specifically suggests that natural gas is the most economical and appropriate alternate fuel for the Mathura Refinery. He has further submitted that if the pipeline is drawn from Auraiya. the line when laid down. Mehta. submitted by the Indian Oil Corporation it has been stated that the new pipeline of 36" diameter from Babrala to Dadri is being laid under the Gas Rehabilitation and Expansion Project and is scheduled to be commissioned by June 1996. According to him the scheme of laying down the pipeline from Bijapur to Dadri via Mathura has already been sanctioned and is being implemented." The matter came up for further consideration on 8-8-1994 when this Court passed the following order : "Mr. suggested that instead of laying the pipeline from Bijapur to Dadri via Mathura. within two weeks from the receipt of this order. B. General Manager. Mehta (from Auraiya to Mathura or from Babrala to Mathura) is not feasible. it would also serve the industries at Ferozabad and Agra. the petitioner-in-person herein has. He further states that apart from supplying gas to Dadri. Safety and Environment Protection. Indian Oil Corporation. is : By what method/route the natural gas is to reach Mathura and made available to the Refinery at Agra. Chakravarty. is present before us. The summary of the report in para 4.4 in this respect states as under : 'A new loop line of 36 inch diameter from Bijapur to Dadri is being laid by Gas Authority of India Limited (GAIL) under the Gas Rehabilitation and Expansion Project and is scheduled to be commissioned by June 1996. He may do so.

Government of India has submitted its report regarding preservation of Taj Mahal and Agra monuments in two volumes. Kamal Nath. 16. There is a NEERI Report to which we have referred to in our various orders from time to time. Mehta and Mr. We direct these two authorities to come out with reallocation scheme so that all the polluting industries situated in Taj Trapezium are shifted to the new place in a phased manner." 47 . the polluting industries in Taj Trapezium shall have to be relocated. We direct the Ministry through Secretary. An affidavit of the Secretary. the Minister of Environment and Forests to personally look into the matter and have the response of the Ministry and the reallocation scheme prepared within four weeks from the receipt of this order. It cannot be done without there being positive assistance from the Ministry of Environment and Forests." Pursuant to this Court's order dated 21-10-1994 the GAIL filed an affidavit indicating the progress regarding the laying of pipeline for the supply of natural gas to Mathura Refinery and the industries in the TTZ. NEERI Report was submitted sometime in July 1993. Copy of the order be sent to Gas Authority of India and the Indian Oil Corporation. Ministry of Environment and Forests shall be filed in this Court within a period of four weeks. In its reports. Ministry of Environment and Forests to examine the NEERI Report and also the Varadharajan Report and indicate in positive terms the measures which the Ministry is intending to take to preserve the Taj Mahal. this Court on 3-8-1995 passed the following order : "The Varadharajan Committee appointed by the Ministry of Environment and Forests. NEERI suggested that in order to preserve Taj it is necessary to relocate various industries located in Taj Trapezium. M. Government of India and the State of Uttar Pradesh. Mr. There are now two major reports on the subject. The Varadharajan Committee Report now received also suggests the relocation of the industries situated in Taj Trapezium. Krishan Mahajan have taken us through some parts of the report. Ministry of Environment and Forests to safeguard Taj Mahal from getting deteriorated. The Varadharajan Committee submitted its report regarding preservation of Taj Mahal and Agra monuments in two volumes.whether it is possible to prepone the date of commissioning of the project from June 1996 to December 1995. C. It is stated in the affidavit that all efforts were being made to complete the project by December 1996. It is the primary duty of the Government of India. The Varadharajan Committee has also given various other useful suggestions for improving the atmosphere environmental quality around Taj and also for preservation of Taj Mahal. Keeping in view the importance and urgency of the matter we request Mr. We are further prima facie of the view that in view of the two reports (NEERI and Varadharajan). After hearing the learned counsel for the parties.

Indian Oil corporation and the U. the learned Additional Solicitor General after consulting Mr. We have today discussed this aspect at length with the learned Solicitor General. P." 18. Nothing positive has come before us. So far the question of relocation of the industries from Taj Trapezium is concerned no positive stand has been indicated by the Ministry of Environment. It is of utmost importance that the pollution in the Taj Trapezium be controlled.P. State Industrial Development Corporation to file an affidavit in this Court within two weeks of the receipt of this order indicating as to which of the industrial areas outside the Taj Trapezium would be connected with the gas supply network. Rajesh Pilot. Ministry of Environment and Forests. We want positive response from the Ministry. C. Indian Oil Corporation and the U. New Delhi filed an affidavit before this Court. We direct the Gas Authority of India. New Delhi has stated that mechanical process for bringing gas near Mathura Refinery shall be completed by December 1996. State Industrial Development Corporation to indicate the industrial ares outside the TTZ which would be connected with the gas supply network. Minister of Environment and Forests.P. We may mention that the PSCDC has already filed affidavit in this Court indicating various industrial estates which can be developed outside the Taj Trapezium. As indicated by us in our order quoted above two expert reports are before the Government of India. this Court passed the following order : "Pursuant to the above-quoted order an affidavit dated 3-8-1995 has been filed by Shri Vishwanath Anand. we finally heard the matter at length for several days and are disposing of the issues raised before us by this judgment. Additional Secretary in the National River Conservation Directorate. Pursuant to the above-quoted order. Dipankar Gupta. The order passed was as under : "Mr. There being no helpful response from the Government of India." 48 . We personally requested Mr. After examining the affidavit. This Court on 14-3-1996 directed the GAIL. Various aspects have been dealt with in the said affidavit. Reddy.17. Mr. Although this Court was prima facie of the view that the polluting industries in Taj Trapezium would have to be relocated but this Court finally left it to the Ministry of Environment and Forests to examine the two reports and give its response to this Court. Once again we request Mr. the Chief Environmental Manager. Ministry of Environment and Forests. Government of India to have the two reports examined expeditiously. Government of India. Additional Secretary in the National River Conversation Directorate. Kamal Nath the then Minister of Environment and Forests to examine the matter and have the scheme for relocation of industries from Taj Trapezium framed within the time indicated by this Court. We have on record the undertaking of the Gas Authority of India that while the pipeline is being constructed the branch pipeline for supplying gas to Mathura Refinery and to the industries shall also be completed side by side. 19. He further stated that the commissioning would be done by January 1997. New Delhi. Jain. 'NEERI' gave its report as back as July 1993 and Varadharajan Committee Report was submitted to the Government in April 1995.

the opinion of NEERI. We have already heard arguments regarding relocation of industries from Taj Trapezium. 1996. We have no doubt that while laying down the supply line within the city of Agra. Mr. So far 214 parties from Agra and 364 parties from Ferozabad have responded. This Court on 12-9-1996 passed the following order regarding the safety measures to be taken during the construction and operation of the gas network in the Taj Trapezium. Government is required for acquiring the land. P. Mr. It is stated that GAIL had advertised comparative prices and heat equivalent of various fuels in the newspapers circulated in Agra and Ferozabad to enable the industries. can also be obtained by the GAIL. this Court on 10-4-1996 passed the following order : "Pursuant to this Court's order dated 14-3-1996 Mr. We direct the Collector. the General Manager." 21. C. the same can be supplied to the industries outside the Taj Trapezium which are located in the vicinity from where the gas pipe is passing. He states that the cooperation of the U.20. Ferozabad to render all assistance to GAIL in acquiring land for setting up the two stations for the public purposes.60 MMSCMD for distribution to the industrial units in Agra and Ferozabad. the safety of Taj and also the people living in the city of Agra shall have to be taken into consideration. the two pipelines shall be completed be December. It is stated that as per the time-schedule already filed in this Court. Gupta. who are prospective consumers of gas to evaluate the economics of conversion to gas. Reddy further states that some land shall have to be acquired for the purposes of constructing City Gate Stations at Agra and Ferozabad. Gas Authority of India has filed affidavit dated 2-4-1996. We are told that expertise in this respect is available with the GAIL. It is further stated that the quantity of gas as mentioned above is only for the purposes of supplying the same to the industries located within the Taj Trapezium. However. The GAIL may also examine whether in the event of availability of more quantity of gas. Gupta has further stated that for the purposes of laying distribution network within the Taj Trapezium. General Manager (Civil). the required functions are being performed by GAIL. Reddy.P. Some of the industries which are not in a position to get gas connections or which are otherwise polluting may have to be relocated outside Taj Trapezium. which has been associated by this Court in Taj Trapezium matter. It is stated in the affidavit that the Ministry of Petroleum and Natural Gas has already allocated 0. The Court 49 . GAIL is establishing a joint venture company. on our asking. After examining the contents of the affidavit. According to the affidavit these responses are being processed. If necessary. states that he would have the matter examined and file an affidavit on this Court within two weeks indicating the time-frame regarding the laying of distribution network within the Taj Trapezium. pending formation of the joint venture company. Agra as well as Collector. Mr. GAIL filed affidavit dated 2-4-1996. Pursuant to the above-quoted order of this Court.

also recorded the undertaking by the learned counsel for the industries that the industries in TTZ are taking steps to approach the Gas Authority of India for gas connections : "Pursuant to this Court's order dated 10-4-1996 and subsequent order dated 10-51996, Mr. P. C. Gupta, General Manager, Gas Authority of India has filed an affidavit. It is stated in the affidavit that necessary directions in the pipeline design, corrosion, protection, protection during construction and during operations have been taken by the Gas Authority of India. It is for the Central Pollution Control Board or the State Pollution Control Board concerned to examine the legal position and do the needful, if anything is to be done under the law. Mr. Gupta, in para 5, has further stated as under : 'However, in its endeavour GAIL has not received sufficient response from the industrialists in the city of Agra, where prospective industrial consumers of gas have not yet worked out how to convert the cupola furnaces to gas-fired ones. Hence, GAIL apprehends that after it has undertaken provisioning such an expensive infrastructure exercise, it may not have enough consumers for the gas supplies in Agra at least during the near future of commencement of the supply. This Hon'ble Court may therefore, direct the prospective consumers to inform this Hon'ble Court of their willingness to convert to gas.' Mr. Sibal and Mr. Parikh, learned counsel appearing for most of the industries have informed us that the industries are taking steps to approach the GAIL for gas connection. Mr. Parikh further states that most of them have already done it. This is a matter between the industries and GAIL. It is for their benefits that the industries should approach the GAIL for gas connection." 22. The NEERI submitted a Technical Report dated 7-3-1994 pertaining to "Issue Associated with Fuel Supply Alternative for Industries in Agra-Mathura Region". Paras 2.4.1. and para 3 of the Report are as under : "2.4 Safety Requirements 2.4.1. NG : The use of NG involves the defining of No Gas Zone for safe distribution. The new sites in Agra and Ferozabad industries being identified by the Government of Uttar Pradesh shall minimise this hazard as the industrial estates shall be suitably designed for NG distribution. The new industrial sites should preferably be out of the Taj Trapezium. The incentives for industries to shift to new industrial estates need to be established to ensure speedy implementation. #* * *## 3.0 Summary

50

The various issues raised in this report pertaining to the fuel supply alternatives to the industries in Agra-Ferozabad region and the Mathura Refinery, can be summarized as : # - Need for relocation of industries; - Availability of cleaner fuel (present and future); - Environmental benefits from alternate fuels; - Safety considerations;## The recommendations are summarized hereunder : - Shifting of small-scale polluting industries outside the Taj Trapezium on industrial estate sites to be identified by the Government of Uttar Pradesh; - Provision of natural gas to the industries in Agra-Mathura region and Mathura Refinery." 23. Mr. M. C. Mehta, Mr. Kapil Sibal and other learned counsel representing the Agra industries took us through the April 1995 Varadharajan Committee Report. Relevant paragraphs of the Report are reproduced hereunder : "4. ... The Expert Committee's recommendation that steps may be taken to ensure that no new industry, including small industries or other units, which can cause pollution are located north-west of the Taj Mahal, has been enforced. However, efforts to relocated existing small industries, particularly the foundries, in an area south-east of Agra beyond the Taj Mahal, have not been successful." 24. The Report clearly shows that the level of Suspended Particulate Matter (SPM) in the Taj Mahal area is high. The relevant part of the Report in this respect is as under : "SPM (Period 1981-1993) (i) The level of SPM at Taj Mahal is generally quite high, the monthly mean values being above 200 micrograms/cubic metre for all the months during 19811985 except for the monsoon months. (ii) There is an increasing trend in the monthly mean SPM concentrations from about 380 micrograms/cubic metre to 620 micrograms/cubic metre during the period 1987-1991, and the trend reverses thereafter till 1993. There is a decrease in monthly mean SPM levels from 620 micrograms/cubic metre in 1991 to about 425 micrograms/cubic metre in 1993." 25. Para 71 of the Report deals with the consumption of coal in the Agra areas. The relevant part is as under : "... These do cause pollution of the atmosphere. Industries in Agra are situated north-west, north and north-east of the Taj Mahal, several of them being located

51

across the river. These are the major sources of concern as they are not far away, and much of the time winds blow from their location towards Taj Mahal." Para 78 relating to the use of Natural Gas is as under : ".... Natural Gas distribution to industries in existing locations in Agra would need installation of pipelines and metres. This may be expensive and in addition not ensure safety, as accidental leakage in pipeline network may lead to explosions and fires. It may however be possible to use LPG or HSD with suitable precautions, after careful review." Relevant part of para 79 is as under : "..... NEERI Report dated 7-3-1994 on Fuel Supply alternatives (Annexure) suggests Natural Gas can be considered for use only in new industrial sites." The industries in Agra have been dealt in paras 92, 93, 95 and 96 which are as under : "92. Industries in Agra and Ferozabad have been asked to instal APCD to reduce essentially SPM level in air emissions. The UPPCB has the authority to monitor their performance to meet standards outlined for different industries by CPCB nothing their capacities. These regulations should be fully enforced. NEERI has suggested suitable sites in Agra and Ferozabad which could be identified and developed as industrial estates with facilities, separated from residential area. If such sites are developed, Natural Gas supply in the industrial estate would be possible with safety, and the industrial units could be shifted. 93. ... There is need for a single authority in such estate to coordinate all maintenance and repair work on electrical supply, telecommunications, water, sewage, drains, roads and construction. Any industrial estate in Agra with Natural Gas will have to be located at a substantial distance from monuments to ensure full safety. 95. When industrial units are relocated, it would be appropriate to modernise technology equipment and buildings. Most of the units will need very substantial financial assistance. The value of the present sites and their future use have to be determined. It would not be desirable to promote residential colonies and commercial establishments in such vacated areas as they may in turn add to the problems of water supply and atmospheric quality by excessive use of energy. Major changes of this nature would need a clear development planning strategy and resources, and will also take several years for implementation. 96. There is urgent need for quicker measures which could lead to better environment, especially in the Taj Mahal. For this purpose, it is necessary to effect overall reduction in coal/coke consumption by industries and others in Agra and in Taj Trapezium Zone generally. The present level of consumption of 129 metric tonnes per day by industry can be substantially reduced by new technology and by use of LPG and HSD of low sulphur. Stricter standards for emissions may be evolved when such technological and fuel changes are effected. Support for development

52

the yellowishness of the marble is due to (a) SPM and (b) dust fall impinging on the surface. The 1995 Varadharajan Report clearly shows that the standard of atmospheric pollution is much higher than the 1981-85 period which according to the Report is also because of heavy traffic and operation of generating sets. Accordingly. according to the report. was the coal-users including approximately 250 small industries mainly foundries. the Taj Mahal is in a sound state of preservation and the studies conducted so far also confirm the same. 53 . We. two experts." 27. The source. Varadharajan found substantial level of air pollution because of Sulphur Dioxide and SPM in the Agra region. The only threat to the Taj Mahal is from the environmental pollution. Larze Tabasso visited the Taj Mahal between 17-1-1987 to 30-1-1987 to study the problems pertaining to the conservation of marble and sandstones in the Taj and recommended remedial measures. M. We are of the view that the shifting of the industries from the Taj Trapezium has to be made in a phased manner. as a first phase. After careful examination of two Varadharajan Reports (1978) and 1995) and the various NEERI Reports placed on record. The excess of SPM was because of the use of coal.of modifications in design and operation and demonstration should be provided. The comments of the Archaeological Survey of India as noticed in the Varadharajan Report are as under : "On the structural side.. The Science wing of the ASI is continuously monitoring the level of suspended particulate matter. Mentrizio Marbeilli and Dr. This has imparted a yellowish appearance on the surface of the Taj Mahal. NEERI Reports have clearly recommended the relocation of the industries from the TTZ. take up the industries situated in Agra for the purposes of the proposed shifting outside Taj Trapezium. therefore. Dr. Opinions of the Archaeological Survey of India and other scientists annexed to the Varadharajan Report unanimously say that the yellow shadow of the marble on different parts of the Taj including four minarets is mainly due to SPM and the dust fall impinging on the surface. All those industries not responding for action for feasible changes and contributing disproportionately to atmosphere pollution have to face action. Some assistance it industries for adoption of these may be considered after careful examination of the costs and benefits to the industry and to society. 28. The Taj being a monument on the World Heritage List. According to them. namely." 26. This Court on 11-4-1994.4 for the relocation of the existing small industries particularly the foundries. we are of the view that there is no contradiction between the two sets of reports. NEERI's Report indicates that the maximum pollution to the ambient air around Taj Mahal is caused by the industries located in Agra. Sulphur Dioxide concentration and sulphation rate. the Government of India sought the expert advice through UNESCO on the structural and chemical preservation aspects of the monument. The studies made in this regard show that suspended particulate matter level has been found to be higher than the maximum permissible level 100 kg/m3. The Report specifically recommended in para 5. passed the following order : ".. In the 1978 Report.

Name.P.P. 7-5-1994 and 8-5-1994. 8. if required. to the air polluting industries. direct the U. Goswamy. Total land/including built-up area which is at present under the possession of the industry. Refractory Brick. The individual notices shall be served on the industries before 8-51994. learned Senior Counsel fairly states that he will prepare the gist of the notice and send it to the Government of India. The nature/extent of the alternate safe fuel. and to what extent. Total capital investment/turnover of the industry. if required.P. Registration Number. The individual industries shall be asked to supply the following information : 1. The product of the industry and the raw material used for such production. 6. The Union of India shall also have the notice broadcast as directed by us between 1-5-1994 and 10-5-1994. Financial assistance in the shape of loan etc. 2. therefore. Apart from the public notice. 5. 3. Mr. Chemical. We further direct the Union of India to have a gist of the above public notice announced on local television as well as on local radio in Agra/Mathura for three consecutive days. 9. Number of the workers/other staff employed. Rubber Sole. Nature/quantum of the fuel which is being used. 4. Engineering and Lime Processing from Agra to outside Taj Trapezium at a suitable place to be selected after hearing the parties including the industry owners.#* * *## We. Pit Furnaces." 54 . the notices shall be got published in the local newspapers on 6-5-1994. N. Pollution Control Board on 29-4-1994/30-4-1994 and 1-5-1994. State Pollution Control Board. The publication of the notice in the National Newspapers shall be got done by the U. 7. N. Location and the ownership/status of the industry. individual notices to all the industries which are situated in Agra shall also be served by the U. Extent of the land required by the industry in the new industrial area outside the Taj Trapezium. State Pollution Control Board to issue public notices in the two national English daily newspapers and also two vernacular newspapers for three consecutive days indicating that the Supreme Court of India is processing the proposal for shifting of the air polluting industries such as Foundries. Thereafter.

Gulab Rai Chottey Lal 21/16. Site A.45. M/s. Agra.31. Indian Iron Ind. Mathura Road. Kajeco Industries. Near Waterworks. Coprn.42. Pathwari. Artoni. Suresh Industries. M/s. Agra. Agra. Area. Mr. Balkeshwar Road. Artoni. Agra. K. Artoni.23. Indira Mill Compound.24. Agra. Sultanganj. Luthura Engineering. Artoni.. Raghav Engg. 1290. Jeoni Mandi. Transport Nagar.29. Agra. Agra. Pathwari. Allied Iron & Steel Works. Shanker Iron Foundry. Jeoni Mandi. Shree Durga Laxmi Iron Foundry. Suresh Iron Foundry & Engg. Langre Ki Chowki. Langre Ki Chowki.18. Mathura Road.. 31/24-D. Arbaria Iron Foundry. M/s. M/s. Agra. Co. C. Langre Ki Chowki. M/s. Mahajan Iron Foundry. Runukutta. Area. Moti Lal Agrawal & Co. Agra. Industries Corpn. Sultanganj. Sikandara. Shree Durga Bhagwati Industries & Iron Foundry. Mathura Road..6. Satya Ind. M/s. Mathura Road. M/s.. The chronology of the orders quoted by us in this judgment shows that this Court took cognizance of this matter in January 1993.39. D-1. Agra.43. Bypass Road. Agrawal Tin Mfg. Sector A. 21/33. Freeganj. Arbaria Steels. 7/6. Aboolala Dargah.20. Agra. Taj Iron Foundry.8. Satya Deep Udyog. Langre Ki Chowki. Agra. Prabhat Iron Foundry. Freeganj. Agra. Sikandara. Motilal Nehru Road. New Agra. M/s. Kalyan Steel Products (P) Ltd. Agra. Mathura Road. S. Mathura Road. Himalaya Ind. Mahajan Ispat Udyog. Runukutta. (Unit-I) 26/1. Agra. Steels.30. Jagannath Dewan Chandra Jain. India Casting Co. 21/60. Mathura Road.36. Freeganj. Super Chem. Agra. Agra.10.. Agra. Agra. Freeganj Road. Agra. Gulab Rai Chottey Lal 27/65.. Laxmi Metal Ind. M/s.5. Ind. Ind. Agra. C-1. Agra. Agra. 55 . & Iron Foundry. Sultanganj. Agra. Agra. M/s. Co. G. Raj Iron Foundry. NEERI and Varadharajan (1978) Reports have specifically recommended the relocation of industries from the TTZ. Sultanganj.34.25.15. Balkeshwar. Rambagh.32. Agra. M/s.14.35. Raj Pattern Makers & Founders. Agra. Kailash Road. M/s. Miraz Iron Foundry. Artoni. Sultanganj. B. M/s. Iron Foundry. Agra. Mathura Road. Amarpura. Agra. Agra. Mudgal Iron Industry.27. Works.. Langre Ki Chowki.4. we have also hesitation in holding that the industries in the TTZ are active contributors to the air pollution in the said areas. M/s.11.37. Anand Industry. Bhairon Bazar. After examining all the reports and taking into consideration other material on the record.26..33. Sikandara. Krishna Iron Foundry. Agra..9.7. M/s.19.12. Agra. Agra. Agra. Mathura Road. Unit-2. Motilal Nehru Road. Masta Ki Bagichi. Agarwal Wire Ind. Shree Ram Metal Ind. M/s. M/s. Indian Iron Foundry. M/s. Freeganj. M/s.29. M/s.13. M/s. Agra. we are confining this order only to 292 industries located and operating in Agra. Randhir Chand Khoob Chand Iron Foundry.. Agra. Singh Industries. Runukutta.46.. Transport Nagar. National Iron Foundry. These industries are listed hereunder : Foundries (District Agra) #1. S. Agra. Agra. 15 km...41. C-30.. Mathura Road. Agra.3. Ind. Artoni. Agra. M/s.. Agra. M/s. Uttam Lah Udyog. Langre Ki Chowki. Agra. Freeganj. M. Although the Board has placed on record list of 510 industries which are responsible for air pollution but in view of our order dated 11-4-1994 (quoted above).21. Agra.16.28.38. There are four NEERI reports.44.40. M/s. Mathura Road. (Foundry Division) Bichpuri Road. Agra. M/s. M/s. two Varadharajan reports and several reports by the Board.22.2.17. M/s. Anil Metal Ind. 10 Km Stone. B.

Naraich. Agra.59. Iron Foundry. Tantan Auto Industry.65. & Steel.105. 11B/103. B. Works. Rambagh. Foundry Nagar. Co. Naraich.66. Paliwal Iron Foundry & Metal Works. Agra.51. Corpn.75.. Foundry Nagar. B-2.52. K. 4248/2. Deepak Chemical Works. Agra.103.56. V.87. Rambagh. Agra. Hathras Road. Foundry Nagar. Agra.85.. Hathras Road. Agra. Sharad Industries. Rambagh.93. D-20.70.108. Agra. R. Hathras Road. Agra. Rambagh..102. Foundry Nagar. R. Hathras Road. Agra. Iron Foundry. Gopal Iron Foundry. 11/48/6/C. Agra.Agra. Devi Enterprises. Agra. Agra. Industries. Agra. Ganga Engineers. Rambagh. Rambagh.. Foundry Nagar. Rambagh.76. Foundry Nagar. Rambagh. Engineers & Founders. Agra.78. Foundry Nagar. Shiraj Industry.. Agra. Iron Foundry. K. B-5. D-19. Unit-2. Rambagh.69. Adesh Kumar Jain. Works. Bharat Ind. D-38.111. Kamal Engg.61. Agra. Agra. G. Naraich. K.112. Sarla & Co.100. Reliable Industry. Rambagh. C-23. Agra. Shri Ram Engg. 11/45. Agra. Agra. B-3. Goyal Iron & Steel Works. C-31. Agra.101. B. Agra. Bombay Engg. 2919. S. Arya Sons. Hathras Road. A. R. Foundry Nagar. Parolia Engg. Foundry Nagar. Co.110. Hathras Road. Rambagh. Rambagh. B-18/B. Foundry Nagar.62. Agra. Rambagh. Agra. S. Iron Foundry & Engg. Agra. Rambagh.. Agra. Agra. Foundry Nagar. Co. Shree Ram Iron Foundry & Engg. 56 . Agra. Agra.77. Foundry Nagar. B-12. Agra. Hathras Road. A. 11/43. Agra. K..82. Industries. Agra. Agra. Hathras Road. S. Nagla Kishanlal. B-9/10. Agra.74. Britania Engg.73. Agra. C-32. Industries. Agra. Foundry Nagar. C-29. Agra.92. B-4.90.98.79.95.96. Fatechand Sehgal & Sons. Foundry Nagar. A. Hathras Rd.54.. Hathras Road. Agra. Agra. Agra.71.113. Agra. R. K. Foundry Nagar. Foundry Nagar. D-15.. G. Castwel Foundry. C-70. Naraich. Unit-II. 11/18-B. Bajrang Iron Industry.53. Agra. B-17/2. Agra..86. S. Foundry Nagar. Agra. Shivam Industries.106.48. Agra. Unit-1. Agra. Agrico Enterprises. Works.80. Auto Works (P) Ltd. Enterprises.107. Agra.81.50. Foundry Nagar. Agra. Agra. Iron Foundry. Techno Industries. Hathras Road. Agra. Hathras Road. Foundry Nagar. Naraich. Iron Foundry. Ravi Agricultural Ind..63.. Naraich. Foundry Nagar. Kajeco Industries. C-38. D-62. Hathras Road. Maharaja Agrasen Iron Foundry. Goyal Iron & Steel Works.72. Naraich. Agra. Foundry Nagar. Agra. Rambagh.89. Unit-2. Agra. Agra. Foundry Nagar. Oswal Iron Foundry. Ajanta Industries. Agra Loh Udyog. Rambagh. Dewan Chand Suraj Prakash Jain.60. Raj Iron Foundry. Manik Chand Garg & Co. Foundry Nagar.99. Hathras Road.91. Naresh Iron Foundry. Unit-2. Foundry Nagar. Rambagh. Agra. Naraich. Sterling Machine Tools. Works.47. Devki Nandan. Basal Casting Co. 3994. Hathras Road.. Golden Engg. Mittal Iron Founders & Engg. D-68. Naraich. Agra.109. Agra. E-72. Kansal Iron Foundry. Foundry Nagar. C-50. C-48. Jagdish Industrial Corpn. Foundry Nagar. Jain Foundry & Engg. 1167. Accurate Ferro Castings. E60/E-61.58. Agra. Iron Foundry & Engg.97. Prakash Iron Foundry. Hathras Road. 4/45.57. Rambagh.84. (India) Nagla Kishanlal. Agra. Foundry Nagar. & Moulding Works.88.67. Foundry Nagar. 11/47-C.94. Agra. Works.. Agra. D-17. Goyal Metal Industries.104. Mercury Engg. Hathras Road. B-19. 11B/103. E-16.49.68. Agrawal Metal Industries. Agra.64. Singhal Industries. C.83. Agra. C-69. 11/111. Suraj Foundry. J. Foundry Nagar. Foundry Nagar. Works. Agra.55. Agra. Agra. S. Foundry Nagar. Shinning Engg. Rambagh. S. 11/42. Expert Founders & Engg. S. Foundry Nagar.

Agra. Maharshi Dayanand Iron Foundry.Engineering169. Agra.E. 75. Agra.. I.. Nawajganj.168. Katra Wazir Khan. Nunhai. M/s. Nunhai. Agra. Agra.115. Bodla Road. Vinay Iron Foundry. Agra. & Textile Ltd. 56. Katra Wazir Khan.160. Agra. K. Agra. Nunhai. Foundry Nagar. M/s. Kamal Engg. Agra. Agra..151.141. Nunhai Road. 10/9.E.. Agra. C-33. Foundry Nagar. I. Site B. Danoria. Nunhai. 17/15. Jain Ambey Piston King Industry. Agra. M/s. Castings. 10/4-A Hathras Road. Agra. Nunhai. Foundry Nagar. Paras Foundry. I.. Balaji Udyog.156. Shivam 57 . Agra.E. Agra. 136.. D-7. Nawalganj.159.175. Agra. M/s. D-41. Foundry Nagar. Nawajganj. Printing Machine Mfg. Agra. 32.114. 11/28.164.166. Foundry Nagar. Mehra Casting Works. Standard Pumps. Natraj Iron Foundry. M/s. I. Chini Ka Roza. Krishi Seva Udyog. Foundry Nagar. Associate. N.128. 69. 82. Agra. Agra.173. E-18. Katra Wazir Khan. Sushil Kr.. Unit-I. Agra.E.177. Foundry Nagar. Nunhai Agra. Girdharlal Thakurdas Agencies (P) Ltd. Chini Ka Roza.176. Ltd. 160. Foundry Nagar. 2.136. C-15. Chini Ka Roza.E. Ind.. Agra. M/s. Shri Bankey Bihari Udyog. Agra. Foundry Nagar. M/s... I. Agra.. Agra. Estate. Nunhai.E. Nunhai. Universal Steel Ind. Nunhai. Agra. Paragon Industries. I. Aay Jay Udyog.E.. I. Indu Engg.119. Ind. B. BSA Agricultural Ind. Ess Bee Iron Foundry. Sikandara.152. Agra. Agra. Agra. Agra. 6. I. Nunhai. Foundry Nagar.E.127. E-13/E-14..134. M/s. 1014-A.144.. Nawalganj.E. Foundry Nagar. 10/22. Modern Industries. Foundry Nagar. Chini Ka Roza. Shyam Metal Industries.154. Shaktiman Industries. C-3. Hathras Road. C-25. Co. Agra. Vijay Iron Foundry.118. Kumar Steel Udyog. Mahaveer Iron Foundry. I. Agra.. Anil Metal Industry. Foundry Nagar.116. Agra. Devi Sahai Gopaldas. 2. I.163.132. Usha Martin Ind.167. Agra. Agra. E-1.153. M/s. Agra.124. Agra. V. Foundry Nagar. K. Agra. Iron Foundry. Mittal Industries.E.171.117. Iron Foundry. Metafam Engg. M/s. 10/4.142. Nunhai. Agra. T.123. Engineering Works.146.147. 134. 76-A. 11/38. Works. Agra. Agra. Doneria Pvt. Arga.. C-18. Meghdoot Pistons (P) Ltd. 10/12. Agra. Agra. Katra Wazir Khan. D-43. Nunhai. I.143. II-B. Foundry Nagar. Ltd. M/s. Foundry Nagar.140.125. I. D-48.150. Agra. Foundry Nagar.. Agra.121. M/s. Agra. Industries. Nunhai. Foundry Nagar. Metal Cast India. Foundry Nagar.E.138. 67. M/s. B-7.120. Agra. Nunhai. Agra. B-6. Agra. Agra.172. Agra. Mr.. Nunhai. E-14. Nawalganj. 71.161. Kailash Road.. Metal Products.149. Agra. Agra.. Works.133. Nunhai. Agra. B-14/1. Gopal Iron Foundry. Foundry Nagar. Narayan Brothers Factory. 12/16-A. Area. 62. Agra.145. M/s. Bharat Iron & Steel Foundry. Monark India.. E-25. Ratan Industries (P) Ltd. M/s..162. Profile Furnaces & Heat Treatment. Power Field India. Bhagwati Iron Foundry. Agra. M/s..155. Hathras Road. 19.165. G. 11/24. Hathras Road. C-6. Agra. Mahaveer Iron Foundry.158.170.148.Unit-II. Agra. Mahaveer Engg. E-3. I. Agra..157. I. Nunhai. 11/124.. Kaushal Industries.135. 12/15. Amar Enterprises. Munnalal Mistri.137. 68.129.174..139. Agra Engg.. Hathras Road. Agra. 11/38. Northern India Tools Co.. I. 1250. Iron Industries. Ess Jay Steels (P) Ltd. Foundry Nagar.131. A-3. Estate. Nunhai. Foundry Nagar. Basant Industries. Shanti Vrat & Sons.130. Artoni. Agra. M/s. Mercury Engg.E.126. Tracko International. 3-Ind. Samta Trading Corpn. Katra Wazir Khan. Sikandara.E.E. Nav Durga Dhalai.122. E-3. D-2. Agra. E-4. 10/10. Nunhai. Agra. I. A. Chinar Foundry.E. Doneria Iron & Steels. Nawalganj.

Agra. 21. Mathura Road. Agra.236.. Works. Nawalganj. Amar Jyoti Industries. S. Agra Beverages Corpn. I.. Agra.. Bright Engg. Arctic Drinks (P) Ltd.207. Park Leather Industries Ltd.179. K. K.209.. Hathras Road. Hathras Road.198. Rambagh.. Mathura Road.. Mathura Road.178. 10/4-A. M. Agra.6 Km. Agra. Agra.219. Agra. Mathura Road. 58 . B-25.238. Mohan Generators & Pumps.. Runukutta. I. Agra. Foundry Nagar. Bichpuri Road. Area.208. Agra.196.217. Nunhai. Nunhai.. Agra. Foundry Nagar. M/s. I. Sun Ray Agrochem.. Agra. G. Kailash Road. Artoni. Agra. Agra. Mathura Road.186. Biological Evons Ltd. Jay Steel Mfty.E. Agra. K. I. Agra. M/s. Nunhai. Prakash Agricultural Ind. M/s.189.230.218.. Agra.E. Rajendra Industries. Site A.E.. Agra. M/s. 54-A. Taj Beverages (P) Ltd.. Agra.E.233. B. Agra.. Agra. Agra. M/s. Foundry Nagar. Agra. Runukutta. C-67. Mathura Road.. Automotive Products.188.194.. Agra. Agra. I. R. Artoni. Foundry Nagar. Shri Ram Diesels (India). Steelco Ind. M/s.213. Nunhai. Agra. Agra. Agra. Kalyan Engg..192. Agra.243.E. Agra. Agra. Agra. Agra. C-49. Foundry Nagar. Mathura Road.224. Agra. M/s. Brothers. Agra. E-8. Maithan. Ind. Mayur Kattha Industries. Foods (P) Ltd. R..197. Nunhai. Inds. Enterprises. M/s.E. Agra. 73. C56. Agra.. Agra. Doneria Engg. Agra. Nunhai. Agra. Agra. Suchlam Engg. Gangotri Diesels (P) Ltd. Agra. Kandla Flooring & Fabrics (P) Ltd. Agra. C-5.. Agra Roller Floor Mills. I. 19. E-31. Artoni. I. Bichpuri Road. I.. R.. Shivas Industries. Sikandara. E-53. Hathras Road. Pawan Auto Ind.221. Artoni. I.. Anil Agricultural Ind.E. Nunhai. Sundrani. Foundry Nagar. Naraich. M/s. Satya Udyog. M/s.232. Minerva Diesel Eng. Agra. Hindustan Crushers & Fertilizers. Chandra Metal Enterprises. G.226... Agra. C-34. Bichpuri Road. Nunhai. Indian Auto Rings.212.. Nunhai. M/s. Mathura Road. Alfa Engg.. E-17. Agra. Artoni. Unit-2. Industrial Estate. Oil Mill. (P) Ltd.E. M/s.241. Rahul Diesels (India). Devyani Foods (P) Ltd. Olympic Diesels. Agra. R. Nunhai. Bichpuri Road. Runukutta. M/s. B-20. Nunhai.231. Basant Ispat Udyog (P) Ltd.. Nunhai.181.204. Agra. 10/4-A.205. I.195. Agra.239. R. Shaktiman Ind.214.. Enterprises. V.180..229. Agra Steels Corpn.Industries. M/s. Agra. Artoni.. (P) Ltd. Foundry Nagar.. Donaria Industries. Sun Beverages (P) Ltd. Runukutta. Foundry Nagar. Agra.. Agra. Nunhai.199. Foundry Nagar. Site A. A-1. Agra. Sikandara. M/s. M/s. Agra. Mahajan Tanners (P) Ltd. M/s. C-25. 12 Km. Motilal Nehru Road.E. Nunhai.211.190. Atul Engg.200. 20. C-11.227. Agra. Sikandara.216. Oil Mills (P) Ltd.Chemicals and Other Industries215. Diesels (P) Ltd. Agra.193. Nawalganj.203. Sikandara. Sharda Oil Mills. A. Mathura Road.235. Agra.E. Agra Tannery Leather. Agra. Agra. Foundry Nagar.242. J. M/s. P.234.228.. Agra. Agra. Agra. Mathura Road.E.206. Electro Techniques. M/s.187.225. Atul Generation (P) Ltd. Foundry Nagar. Singhal Industries Corpn. 24.. 165-A. M/s. C-36. K. C.240. E-24. Agra. Sandeep Autos.183. Works. K. Agra.. B. Mathura Road. General Mills Corpn.191.210. Runukutta. I. Co. Bodla. 45.184. Area.222. Agra.. Mathura Road. Works. Vulcan Engg. Shyam Metal Works. M/s. Mathura Road. Agra. Nunhai.. A. Foundry Nagar. Nunhai. Foundry Nagar..220. Plywood Products. Nunhai.202. Foundry Nagar.201.223. Jagdish Metal Works. Mathura Road. Chem Industries. Artoni. Ind. Agra. Paper Cones. Works.. Mathura Road.185. M/s. Chalesar. Katra Wazir Khan. Pee Cee Soap Factory. Udyog. E-19. Foundry Nagar. Foundry Nagar. Motilal Nehru Road. Amar Shikha Wood Product. Wasan & Co.237.182.

.E.284.257. Agra Chains Pvt.286.249.250. Sikandara. Katra Wazir Khan. Agra.288. Site A. Agra. Foundry Nagar. Ind. Agra. K. Agra.292. M/s. M/s. Agra. (Unit-2). Runukutta. Nunhai.275.E.279. 69-A.255. Naraich. Shakti Rubber Corpn.269. Agra. Nawalganj. Ramjilal Harishchand. I. 18.259. Area.E. The objective behind this litigation is to stop pollution while encouraging development of industry.. is an industry by itself. Agra.E. Anil Paint Works. This Court has monitored this petition for over three years with the sole object of preserving and protecting the Taj from deterioration and damage due to atmospheric and environmental pollution. Sheela Udyog. Foundry Nagar. Nunhai.256. B.247. Agra Rubber Industries. National Chemicals. Hathras Road. Bengal Rubber Ind. B-16/3. Foundry Nagar. Naraich. Agra... Nunhai.244. Transport Nagar. Nunhai. Billochpura.. 5/99. Rubber Ind. Agra..278. Agra Oil & General Industry. C-8.246. Agra. Allora Paper Products. Agra. Runukutta... Agra. Agra. Runukutta. Agra. C-9. Shahganj. 10/22. A-8.. Rui Ki Mandi. 11. Agra. Weston Rubber.E. Agra.268. Jai Shanker Salt Peter Works. Agra. Bengal Rubber Ind. Agra. Rambagh. apart from being a cultural heritage. 59 . Agra. I. 11/48-E. E-28. Nunhai.261. E-10. Agra. 11 Km Stone. Bajwa Rubber Ind. M/s. Rubber & Plastic.. Agra Leather Board Pvt. K.. Industrial Area. M/s. 188. Area. Novelty Udyog. Agra. Foods India (P) Ltd. Site A. Singhal Pesticides. K. The National Glass & Silicate. 65. Agra. Smart Industries. Foundry Nagar. Sikandara.260. 37. I.263. Sunrise rubber Ind. Agra.E. Agra. Gandhi Refineries. Sikandara. 12/67. 5. Estate. Agra. The Taj. Mathura Road. Agra. M/s.245. Agarwal Knitting.. 10/4. Sikandara.274. Rubber Complex.265.273. Nunhai.Shreekshetria Gandhi Ashram. I.253. M/s. Hansaram Bhagwandas. M/s. Moti Bagh.252. Bajwa Rubber Ind. Micro Metals.258. It cannot be disputed that the use of coke/coal by the industries emits pollution in the ambient air. Hathras Road. Agra.285. Syntex Rubber Rollers. Katyal Industries. Anchor Wax Industry. C-6.264. C-26. M/s. J. 151. 11/38-B. Nunhai. Agra. I. (Unit-2).283.282. Agra. Foundry Nagar. Agra. Foundry Nagar. Katra Wazir Khan. M/s. It is a source of revenue for the country.267. Mathura Road. Shahganj..289. Ltd. Agra. Agra. Ind. M/s. Behind E-28. Agra. 1977/1. Sandeep Resin Industries.280. M/s.277. Sita Nagar. C.## 30. Ind.276. Katra Wazir Khan. J. The old concept that development and ecology cannot go together is no longer acceptable. I.291. Foundry Nagar. E-38.. Yamuna.E.. R. Unit-2. Bee Kay Industry. Hathras Road. Ltd. Mathura Road. Area. 10 Km Stone. Goodage Rubber Works. Caapstan Rubber Products. Nunhai. Agra.Lime Kilns290. Naraich. Ind. Bonita Chemicals. Shastri Nagar. Agra. 64. Agra. I. C-7. Agra. E-37. Foundry Nagar. Sikandara.. Nunhai. Hathras Road. Area. Shiraj Foods.248. Agra.Rubber Factories270. Hathras Road. Industrial Estate. Ind. Katra Wazir.272. Salts. Agra. 11/3954. Seema Oil Corpn.266. Agra.E. M/s. Capston Rubbers (India). Agarwal Industries. Agra. 10/4. Agra. Agra. 9/122. Nunhai. Noble Rubber Products.254. Agra.281. Pankaj Small Ind. 14.. B-1. Bright Son Electroplaters. More than two million tourists visit the Taj every year. Langre Ki Chowki. Garg Lime Industries. Bansal Marble Industries.271. Mahaveer Glass & Silicate Works.262.. M/s.287. Adarsh Paper Product.. Nunhai. I. M/s. I. Mathura Road. Agra.251.. 14-B-144. Agra. Agra. Agra. Agra. M/s. Agra. Foundry Nagar.E. 10/4.

The Court ruled that : (SCC p. The Court observed : (SCC p.must anticipate. para 65) '.. we are of the opinion that any principle evolved in this behalf should be simple. . This Court in Vellore Citizens' Welfare Forum v.means : (i) Environmental measures . The GAIL has already invited the industries in TTZ to apply for gas connection.. learned counsel for the industries have clearly stated that all the industries would accept gas as an industrial fuel. once the activity carried on is hazardous or inherently dangerous. the person carrying on such activity is liable to make good the loss caused to any other person by his activity irrespective of the fact whether he took reasonable care 60 . The 'Precautionary Principle' . Sanjay Parikh. prevent and attack the causes of environmental degradation. 246. paras 11-14) "11. We are. The industries operating in TTZ which are given gas connections to run the industries need not relocate. 658-60. The development of industry is essential for the economy of the country. lack of scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. para 65) '.by the State Government and the statutory authorities . 'The Polluter Pays Principle' has been held to be a sound principle by this Court in Indian Council for Enviro-Legal Action v. 246. (iii) The 'onus of proof' is on the actor or the developer/industrialist to show that his action is environmentally benign. Before us Mr.. Union of India [(1996) 5 SCC 647 : JT (1996) 7 SC 375] has defined "the Precautionary Principle" and the "Polluter Pays Principle" as under : (SCC pp. of the view that "The Precautionary Principle' and 'The Polluter Pays Principle' are essential features of 'Sustainable Development'. 12. Kapil Sibal and Mr. 31. The pollution created as a consequence of development must be commensurate with the carrying capacity of our ecosystems.. The whole purpose is to stop air pollution by banishing coke/ coal from TTZ.. but at the same time the environment and the ecosystems have to be protected. 32.Sustainable development is the answer. Union of India [(1996) 3 SCC 212 : JT (1996) 2 SC 196]. Various orders passed by this Court from time to time (quoted above) clearly indicate that the relocation of the industries from TTZ is to be resorted to only if the Natural Gas which has been brought at the doorstep of TTZ is not acceptable/available by/to the industries as a substitute for coke/coal.in the context of the municipal law .. (ii) Where there are threats of serious and irreversible damage. however. practical and suited to the conditions obtaining in this country'.

Article 21 of the Constitution of India guarantees protection of life and personal liberty. 48-A. The Boards function under the control of the Governments concerned. the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. Consequently the polluting industries are 'absolutely liable to compensate for the harm caused by them to villagers in the affected area. The Air Act provides that the Central Pollution Control Board and the State Pollution Control Boards constituted under the Water Act shall also perform the powers and functions under the Air Act. Prosecution and penalties have been provided which include sentence of imprisonment. rivers and wildlife. is to improve the quality of the air to prevent. The main function of the Boards. and to have compassion for living creatures. to the soil and to the underground water and hence. Remediation of the damaged environment is part of the process of 'Sustainable Development ' and as such the polluter is liable to pay the cost to the individual sufferers as well as the cost of reversing the damaged ecology. The Water Act prohibits the use of streams and wells for disposal of polluting matters. . . 1986 (the Environment Act). control 61 . 48-A and 51-A(g) of the Constitution are as under : '47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health. Protection and improvement of environment and safeguarding of forests and wildlife. (g) to protect and improve the natural environment including forests. Articles 47. The 'Polluter Pays Principle' as interpreted by this Court means that the absolute liability for harm to the environment extends not only to compensate the victims of pollution but also the cost of restoring the environmental degradation. Apart from the constitutional mandate to protect and improve the environment there are plenty of post-independence legislations on the subject but more relevant enactments for out purposes are : The Water (Prevention and Control of Pollution) Act. 13. they are bound to take all necessary measures to remove sludge and other pollutants lying in the affected areas'. under the Air Act. The Precautionary Principle and the Polluter Pays Principle have been accepted as part of the law of the land. lakes. 1974 (the Water Act). 51-A. The Water Act provides for the constitution of the Central Pollution Control Board by the Central Government and the constitution of the State Pollution Control Boards by various State Governments in the country.while carrying on his activity. 1981 (the Air Act) and the Environment (Protection) Act. the Air (Prevention and Control of Pollution) Act. It also provides for restrictions on outlets and discharge of effluents without obtaining consent from the Board.The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. The rule is premised upon the very nature of the activity carried on'.The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and in particular.

Based on the reports of various technical authorities mentioned in this judgment. We. The atmospheric pollution in TTZ has to be eliminated at any cost. Not even one per cent chance can be taken when . hold that the above-mentioned 292 industries shall as per the schedule indicated hereunder change over to the National Gas as an industrial fuel. 34. 35. in view of the precautionary principle as defined by this Court.shall stop functioning with the aid of coke/coal in the TTZ and may relocate themselves as per the directions given by us hereunder. The "onus of proof" is on an industry to show that its operation with the aid of coke/coal is environmental benign. The industries which are not in a position to obtain gas connections . (4) Those industries which neither apply for gas connections nor for alternative industrial plot shall stop functioning with the aid of coke/coal in the TTZ with effect from 30-4-1997. In view of the above-mentioned constitutional and statutory provisions we have no hesitation in holding that the Precautionary Principle and the Polluter Pays Principle are part of the environmental law of the country. therefore. We shall deal with the Environment Act in the latter part of this judgment. Supply of coke/coal to these industries shall be stopped forthwith. 62 . In any case.and abate air pollution in the country.human life apart . prevent and attack the causes of environmental degradation.the preservation of a prestigious monument like the Taj is involved. (3) The GAIL shall take final decision in respect of all the applications for grant of gas connections by 31-3-1997 and communicate the allotment letters to the individual industries. rather. We order and direct as under : (1) The industries (292 listed above) shall approach/apply to the GAIL before 152-1997 for grant of industrial gas connection. (2) The industries which are not in a position to obtain gas connections and also the industries which do not wish to obtain gas connections may approach/apply to the Corporation (UPSIDC)/Government before 28-2-1997 for allotment of alternative plots in the industrial estates outside TTZ. the environmental measures must anticipate. proved beyond doubt that the emissions generated by the use of coke/coal by the industries in TTZ are the main polluters of the ambient air. 14. The District Magistrate and the Superintendent of Police shall have this order complied with. we have already reached the finding that the emissions generated by the coke/coal consuming industries are air pollutants and have damaging effect on the Taj and the people living in the TTZ. It is.for any reason ." 33.

State Government within one month from today. and issuance of any licence/permissions. UPSIDC along with a copy of this judgment. State Government/Corporation shall render all assistance to the industries in the process of relocation. The closure by 31-12-1997 is unconditional and irrespective of the fact whether the new unit outside TTZ is completely set up or not. Agra and the Superintendent (Police). the supply of coke/coal to the said industry shall be stopped with immediate effect. Mehta v.. The singe window facility shall be set up by the U. As soon as the gas supply to an industry commences. The Registry shall communicate this direction separately to the Chief Secretary. (9) The U. the State Government and all other authorities shall set up unified single agency consisting of all the departments concerned to act as a nodal agency to sort out all the problems of such industries..(5) The GAIL shall commence supply of gas to the industries by 30-6-1997. (7) The relocating industries shall set up their respective units in the new industrial estates outside TTZ. Secretary (Industries) and Chairman/Managing Director. (11) The State Government shall frame a scheme for the use of the land which would become available on account of shifting/relocation of the industries before 30-6-1997. Agra shall effect the closure of all the industries on 31-12-1997 which are to be relocated by that date as directed by us. before 31-3-1997. We make it clear that no further time shall be allowed to set up the single window facility. to the industries which are seeking relocation. C. The allotment of plots. etc. (12) The shifting industries on the relocation in the new industrial estates shall be given incentives in terms of the provisions of the Agra Master Plan and also the incentives which are normally extended to new industries in new industrial estates. construction of factory buildings. (6) The Corporation/Government shall finally decide and allot alternative plots. The relocating shall not function and operate in TTZ beyond 31-12-1997. The State Government may seek guidance in this respect from the order of this Court in M. etc. (13) The workmen employed in the above-mentioned 292 industries shall be entitled to the rights and benefits as indicated hereunder : 63 . (8) The Deputy Commissioner.P. shall be expedited and granted on priority basis.P. Union of India [(1996) 4 SCC 351]. (10) In order to facilitate shifting of industries from TTZ.

(b) The period between the closure of the industry in Agra and its restart at the place of relocation shall be treated as active employment and the workmen shall be paid their full wages with continuity of service. The terms and conditions of their employment shall not be altered to their detriment. 1947) for not less then one year in the industries concerned before the said date. (e) The compensation payable to the workmen in terms of this judgment shall be paid by management within two months of the retrenchment. This Court by order dated 4-9-1996 has directed that the fly-ash produced in the process of the functioning of thermal plants may be supplied to the brick kilns for the construction of bricks. The Board shall issue notice within one month from today. (d) The workmen employed in the industries who do not intend to relocate/obtain Natural Gas and opt for closure. This Court is separately monitoring the following issues for controlling air pollution in TTZ : (a) The setting up of hydro-craker unit and various other devices by the Mathura Refinery. We direct the Board to issue individual notices and also public notice to the remaining industries in the TTZ to apply for gas connection/relocation within one month of the notice by the Board. 37. Before parting with this judgment. The said bonus shall be paid before 31-1-1998. provided they have been in continuous service (as defined in Section 25-B of the Industrial Disputes Act.(a) The workmen shall have continuity of employment at the new town and place where the industry is shifted. We may also indicate that this Court by order dated 10-5-1996 has stopped the operation of all the brick kilns in the TTZ with effect from 15-8-1996. The matter to come up for further monitoring in this aspect before this Court on 4-41997. This would be a useful step to eliminate the pollution caused by fly-ash. in addition. we may indicate that the industries in the TTZ other than 292 industries shall be dealt with separately. (b) The setting up of a 50-bed hospital and two mobile dispensaries by the Mathura Refinery to provide medical aid to the people living in the surrounding areas (Court order dated 7-8-1996). six years' wages as additional compensation. shall be deemed to have been retrenched by 31-51997. 36. 38. (f) The gratuity amount payable to any workman shall be paid in addition. (c) All those workmen who agree to shift with the industry shall be given one year's wages as "shifting bonus" to help them settle at the new location. These workmen shall also be paid. They shall be paid compensation in terms of Section 25-F(b) of the Industrial Disputes Act. 64 . This Court by order dated 4-9-1996.

pertaining to declaration of Agra as heritage city within two months. 4-9-1996 and 10-9-1996). (i) Directions have been issued to the Government of India to decide the issue. the city of Agra and other national heritage monuments in the TTZ. (f) Green belt as recommended by NEERI has been set up around Taj. 24 kms' stretch of the bypass shall be completed by the end of December 1996 (Court order dated 10-4-1996). We are mentioning these issues dealt with by this Court because it may be necessary to monitor some of these matters to take them to a logical extent. Agra Barrage and water supply of Agra Barrage. (g) This Court suggested to the Planning Commission by order dated 4-9-1996 to consider sanctioning separate allocation for the city of Agra and the creation of separate cell under the control of Central Government to safeguard and preserve the Taj. Under direction of this Court. 10-5-1996. (e) The construction of Gokul Barrage. the Green Belt has become a reality. This is necessary to stop the operation of generating sets which are major source of air pollution in the TTZ (Court orders dated 10-4-1996. 308-1996. 40. Pursuant to continuous monitoring of this Court. 99. This Court may look into these matters on 4-4-1997. roads around Gokul Barrage. The issue relating to 292 industries is thus disposed of. (d) Additional amount of Rs.(c) Construction of Agra bypass to divert all the traffic which passes through the city. have also been undertaken on a time-schedule basis to supply drinking water to the residents of Agra and to bring life into River Yamuna which is next to the Taj (Court order dated 10-5-1996 and 30-8-1996). 39. 65 . (h) All emporia and shops functioning within the Taj premises have been directed to be closed.54 crores sanctioned by the Planning Commission to be utilised by the State Government for the construction of electricity supply projects to ensure 100 per cent uninterrupted electricity to the TTZ. water supply work of Gokul Barrage.

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