Taj Trapezium Case

Introduction:

 This case lies between C.

Mehta and Anr V Union of
India. It is popularly known as
Taj Trapezium case. The writ
petition was filed by M.C.
Mehta, along with the petition a
report was attached.
 This report was on
“Environmental Impact of
Mathura Refinery”
(Varadharajan Committee).
 It was published in the year
1978 b the Government of
India. In the Taj Trapezium
zone (TTZ), the sources of
pollution were indicated in the
reports of the experts.

Background of the Case:

 Taj is considered as one of the best Mughal architecture in India. The  defined
area of 10400 sqkm was built around the taj mahal to protect the monument from
pollution. Such area was known as Taj Trapezium Zone
 The Trapezium shaped area around Taj Mahal is covering 5 districts in the region
of Agra. In the year 1983, it was declared as a UNESCO World Heritage Site.
 M.C. Mehta was a public interest Lawyer who visited Taj Mahal in the year 1984.
 He saw that the Taj Mahal’s Marble was turning yellow. Due to widespread 
pollution by the nearby industries, the monument was a bit pitted as well as a
result of which he filed a petition in the Supreme Court.

Facts of the Case:

 It was stated by the petitioner that the reasons behind the monument's
degradation were the chemical industries, refinery, and the foundries. Various
emissions of gases like Sulphur- dioxide with oxygen led to damage of the
monument. This mixture turned into the acid rain, due to which the moisture in
the atmosphere was retained which resulted into “Acid rain”.
  Such rains where harmful for the marbles which were laid on the Taj Mahal. This
was slowly damaging the monument. The damage was quite visible, as it turned
out to be a yellow pallor on the marbles.
 At some other places on Taj Mahal, there were brown and black spots as well
they were easily magnified with the Yellow spots.
 If the damage had not been considered seriously and immediately it would lead
serious danger to the monument. It was on its way of degradation due to the
harmful effects of the pollution. Some of the effective measures needed to be
taken to save the Taj Mahal from disrupting its reputation internationally.
 The petitioner therefore requested the court to take measures for the
preservation of the monument.
 A report named “Inventory and Assessment of Pollution Emission in and Around
Agra-Mathura Region” was publised by the Central Board for Prevention and
Control of Water Pollution. They declared some level of pollution via statistics,
which resulted to be very high. The report also stated some measures. According
to report 2, thermal power stations needed to be closed down. Along with that
they needed to be replaced with by diesel in railway yards.
 The emissions of Sulphar dioxide needed to be cut down upto 50%.

Principles and Laws pertaining to this Case:

 The Precautionary Principle was taken in to consideration. In this principle certain

environment measures were  taken by the state government and the statutory
authorities. According to this principle anticipation, prevention and attack are the
causes of environmental degradation. In case of serious and irreversible
damage, lack of scientific certainity should not be considered a reason for
postponing the measures to prevent environmental degradation.
 The polluters pay principle was defined in the case of Vellore Citizens Welfare
Forum v Union of India. According to this principle, the liability for harm to the
environment extends not only towards compensation but also to restore the
environmental degradation.
 The three enactments were considered :The Water (prevention and Control of
pollution) Act, 1974 (the Water Act), the Air (Prevention and Control of Pollution)
Act, 1981 (the Air Act) and the Environment protection Act, 1986 (the
Environment Act). 
 Article 21 of the constitution of India guarantees protection of life and personal
liberty. Also, Article 47, 48A and 51A(g) of the constitution state that raising the
standard of public health and protection of natural environment.

 
Supreme Court's Observation and Judgement:

 Taj was moving towards its destruction and damage; such deterioration was well
acknowledged by the court. The court also keenly observed that such damage
was not only by the traditional causes but there were other various socio and
economic factors.
 Different expert authorities submitted various reports by stating the air pollutants
generated from industries have harmful effect on the marble of Taj Mahal. It is
also affecting the people living in the Taj trapezium zone. The pollution in TTZ
has to be reduced. 
 The court ordered that, the industries which are not in the position to obtain gas
connections shall stop its functioning with the aid of coke/coal in TTZ and they
may have to relocate themselves.
 The applications for the grant of gas connections will be finalized by the Gas
Authority Of India Limited (GAIL).
 The court futher stated that 292 Industries shall change over the natural gas as
an industrial fuel. The court also gave certain rights and benefits to the workmen
employed in these 292 Industries.
 The workmen shall continue of employment at the new town and place where the
industry is shifted. 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.