TAJ TRAPEZIUM CASE – CRITICAL ANALYSIS

Introduction

Taj is considered as one of the best Mughal architecture in India. The area measuring a total
of 10400 sq km 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
includes 5 districts in the Agra region. In the year 1983, it was declared as a UNESCO World
Heritage Site.

M.C. Mehta, a public interest lawyer visited Taj Mahal in the year 1984. He saw that the Taj
Mahal’s Marble was turning yellow. Due to 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.

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.

Brief Facts

The ‘Taj Trapezium Zone’ (TTZ) referred to in the case is a 10,400 sq.km trapezium-shaped
area covering the five districts of the Agra region.

According to the petitioner, M.C Mehta, chemical/hazardous industries and the refinery at
Mathura are the significant factors causing pollution in Agra Region as stated in the report of
the Central Pollution Control Board. The Sulphur Dioxide emitted by the Mathura Refinery
and other industries when combined with Oxygen with the help of moisture in the atmosphere
forms sulphuric acid also called “Acid rain” which has a corroding effect on the gleaming
white marble. Industrial emissions, brick-kilns, vehicular traffic and generator-sets are
principally responsible for polluting the ambient air around Taj Trapezium Zone (TTZ). The
petitioner averred that the white marble has yellowed and blackened in places and the decay
is more apparent inside.

In this case, the Supreme Court examined several reports presented by different stakeholders.
The report by the Varadharajan Committee called “Report on Environmental Impact of
Mathura Refinery” published in 1978 was examined. The report concluded that the sources of
pollution in the Agra region were all coal users. The Committee recommended the relocation
of existing small industries and underscored the use of clean technologies.
The National Environment Engineering Research Institute (NEERI) gave an “Overview
Report” in 1990 observing that there was high impact of the air quality on the Taj due to the

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rapid industrial development of Agra-Mathura region resulting in acidic emissions into the
atmosphere at an alarming rate.

Judgement

The Court relied upon Article 21 of the Constitution of India which guarantees protection of
life and personal liberty and also upon directive principles of state policy and fundamental
duties enshrined under Articles 47, 48-A and 51-A (g) of the Constitution. Apart from the
constitutional mandate to protect and improve the environment, the Court also relied upon
several statutory enactments such as The Water (Prevention and Control of Pollution) Act,
1974, the Air (Prevention and Control of Pollution) Act, 1981 and the Environment
(Protection) Act, 1986.

The Court has also acknowledged that the Taj Mahal faces the risk of deterioration and
damage not only by mainstream polluting factors, but also by changing economic and social
circumstances, that adversely impact the situation even further.

The Court took into cognisance reports of authorities and came to the conclusion that
discharge generated by the industries are in fact air pollutants and have a corroding effect not
only on the marble used in the Taj Mahal but also on the residents residing within the Taj
Trapezium Zone. The atmospheric pollution in Taj Trapezium Zone has to be reduced at any
cost.

The Court placed emphasis on the precautionary principle and held that the environmental
measures must anticipate, prevent and attack the causes of environmental degradation. The
burden of producing proof is on the respective industry to show that its operation with the aid
of coke/coal is environmentally suitable. It is, rather, proved beyond doubt that the emissions
generated by the use of coke/coal by the industries in TTZ are the main factors that contribute
to air pollution.

Directions Issued by the SC

The court further directed the following to monitor the air pollution in TTZ  –

(a) Establishment of hydro cracker unit and various other devices by the Mathura Refinery.

(b) Establishment of 50 bed hospital and two mobile dispensaries by the Mathura Refinery to
provide medical aid to the people living in TTZ.

(c) Construction of Agra bypass to divert all the traffic which passes through the city of Agra.

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(d) Additional amount of Rs. 99.54 crores sanctioned by the Planning Commission to be
utilized by the State Government for the construction of electricity supply projects to ensure
100 per cent uninterrupted electricity to the TTZ.

(e) Green belt as recommended by NEERI will be set up around Taj.

(f) The Court suggested that the Planning Commission should take into cognisance
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, the city of Agra and other
national heritage monuments in the TT.

(g) All emporia and shops functioning within the Taj premises have been directed to be
closed.

(i) Directions were issued to the Government of India to decide the issue, pertaining to
declaration of Agra as heritage city, within two months.

Critical Analysis & Reasoning :

The Supreme Court’s ruling only extended to 292 industries out of the 510 put forth by the
pollution control board in the Court. However, the other industries did have an equal or
greater role which resulted in the yellowing of the marble. Therefore, the judgement should
have covered all the 510 industries, rather than just extending it to 292 industries

The Court ordered that only those factories which refuse to accept natural gas as an
alternative resource would subsequently be relocated. I personally think that all the industries
should have been instructed to relocate, as the natural gas alternative would only be
employed by a few industries, thus leading to a negligible drop in the pollution level. In
addition, there is no discussion regarding the pollution standards for the industries which will
be relocated whether they are allowed to use coke and coal in the relocated areas.

The Court took into analysis the ground reality from the years 1993 to 1996, and within this
time itself, a lot of harm was already done by the industries adding on to the existing
pollution levels. Quick action should have been taken by the Supreme Court instead of
delaying its verdict for three years, as this case involved the deterioration of India’s national
monument.

The judgement only mentions coke and coal as the sole contributing factors, thus leaving out
pollution caused by brick kilns, chemical industries, etc. Moreover, there is no direction
given by the SC to restore the original quality of the marble. The SC has only covered
pollution prevention and control in this judgment.

There is also no mention of upgrading the water quality of the Yamuna river. Additionally,
the park built by Archaeological Society is not beautifying the Taj Mahal in any way, rather it

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destroys the structure. Historical maps and geographical information show Yamuna flowing
close by the Taj Mahal to the extent of even touching its rear walls. It was built in such a way
because of the existence of the huge water body in the background. The Taj’s foundation is
water borne; the monument rests on huge wooden slabs placed inside the deep wells that need
perennial water source. It is built on a riverbank and wells were dug up 50 meters above the
riverbed to form its base. Therefore, it would be a grave concern if the structure is not
supported by water.

It can thus be inferred that this judgement is not effective in restoring the quality of the Taj
Mahal. Moreover, it does not mention anything regarding water polluting and land polluting
factors that result in the yellowing of the Taj Mahal. Overall, it this judgement can be
criticised as being incomprehensive.

Conclusion

The judgment became a landmark one for environmental law jurisprudence in India. The
Authorities reported a significant reduction of Suspended Particulate Matter which is one of
the pollutants causing discoloration of the Taj Mahal. This judgment is also a commendable
move of the Supreme Court since the court has not only ordered for effective counter
measures but also kept the rights and benefits of employees working in the industries secure.
Recently, the Supreme Court bench of Justice Madan B. Lokur and Justice Deepak Gupta,
cancelled all the industrial expansion that the government had allowed in the TTZ. This order
of the Court reflects a strict attitude of the Indian judiciary towards protection of monuments
and reducing air pollution in the country.

However, it can be inferred that the judgement did not focus on other sources of pollution
such as land pollution and air pollution. Another grave concern in this judgement was that it
focused only issued directions to around half of the industries operating within the Taj
Trapezium Zone and ignored the other half. This overall would result in a negligible
reduction in pollution and thus making the entire judgement futile. Moreover, there was
absolutely no mention of restoring the original quality of the Taj Mahal.

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Bibiliography

i) https://www.ecolex.org/details/court-decision/mc-mehta-v-union-of-india-
and-ors-6b6ed496-1752-4e29-87be-e6ebb76df437/
ii) https://www.hindustantimes.com/india-news/if-taj-mahal-goes-authorities-
will-not-get-a-second-chance-to-preserve-suprem-court/story-
amPcmb8yln382Zg6EOAMDL.html
iii) https://elsjnuals.wordpress.com/2017/01/02/m-c-mehta-taj-trapezium-matter-
v-union-of-india1997-2-scc-353-before-the-supreme-court-of-india-writ-
petition-civil-no-13381-of-1984-decided-on-30-12-1996/
iv)