​SCHOOL OF EXCELLENCE IN LAW

NAME : M.Rajaguru

REGISTER NUMBER : HD16095

COURSE : B.C.A.,L.L.B. (HONS.)

YEAR & SECTION : Vth YEAR ‘B’

SUBJECT : Environmental Law

TOPIC : Taj Trapezium Case

FACULTY'S SIGNATURE STUDENT SIGNATURE

 CONTENTS

● Introduction
● M.C. Mehta vs Union of India
● Contentions of the petitioner
● Orders passed by the Supreme Court
● Varadarajan Committee report
● Authorities referred for the judgement
● Final verdict
 INTRODUCTION

The Taj Mahal, an ivory-white marble mausoleum, is acclaimed to be one

of the most priceless national monuments, of surpassing beauty and worth, a
glorious tribute to man’s achievement in Architecture and Engineering.

It was built by the Mughal ruler Shah Jahan in memory of his deceased wife
Mumtaz Mahal. It is built entirely of white marble and was declared as a
UNESCO World Heritage Site in 1983. It attracts scores of tourists from all
over the world.

However, the Taj is threatened with deterioration and damage not only by the
traditional causes of decay, but also by changing social and economic
conditions which exacerbate the situation. Now the monument has developed
a yellowish tinge (and in some areas ugly brown and black spots) owing to the
increased levels of pollution around the area. The main pollutant was sulphur
dioxide released by the industries which later on reacted with rain water to give
acid rain. Suspended Particulate Matter (SPM) was also one of the culprits.
The Taj, a monument of international repute, is on its way to degradation due
to atmospheric pollution.

The degradation of the Taj Mahal led M.C. Mehta, an environmentalist and a
public interest attorney, filed a public interest litigation before the Supreme
Court in 1984. The petitioner sought appropriate directions to authorities
concerned to take immediate steps to stop air pollution in the Taj Trapezium
Zone and save the Taj Mahal.
 M.C. MEHTA Vs UNION OF INDIA (1986)

This case is commonly referred to as the ‘Taj Trapezium Case’​1​. The ‘Taj
Trapezium Zone’ (TTZ) referred to by the court is a 10,400 sq.km
trapezium-shaped area covering the five districts of the Agra region. The TTZ
comprises over 40 protected monuments including three World Heritage Sites -
the Taj Mahal, Agra Fort and Fatehpur Sikri.

The writ petition was accompanied by the report of the Expert Committee
called “Report on Environmental Impact of Mathura Refinery” (Varadharajan
Committee) published by the Government of India in 1978. The report pointed
out the sources of pollution in the area – all coal users consisting of two Power
Plants, a number of small industries mainly foundries (approximately 250) and
a Railway Shunting Yard.

The committee had also made some suggestions in the report. It had asked to
ensure that no new large industries come up in the area without conducting
appropriate detailed studies to assess the environmental effect of such
industries on the monument, the existing industries are shifted away from the
area. It suggested creating an authority that monitors the pollution emission
and air quality in Agra and has the power to direct polluting industries to lower
their emission levels to the standards.

The authority can have the powers to specify measures as are necessary to
reduce the emission. The actions taken in this regard should be time-bound or
speedy in nature. It also suggested that studies should be undertaken by
competent agencies to explore the possibility of the monument by measures
such as creation of a green belt in and around the area. It also said that use of
coal in the refinery power plant should be stopped till other cleaner
technologies are available.

The Central Board for the Prevention and Control of Water Pollution, New
Delhi, also published a report under the title “Inventory and Assessment of
Pollution Emission in and Around Agra-Mathura Region (Abridged)”. It
categorized the industries in Agra and its outskirts into seven different
categories. They gave some statistics about the pollution levels and they were
quite high. And said that by closing down two thermal power stations and
1
https://indiankanoon.org/doc/1964392/
replacing coal by diesel in the railway yards sulphur dioxide emissions can be
cut down by 50%.

The National Environment Engineering Research Institute (NEERI) gave

“Overview report” in 1990 implying that the pollution levels are quite high
around The Taj and this was seriously deteriorating The Taj as well as the
ecosystem in the area.
 CONTENTIONS OF THE PETITIONER

M.C Mehta quoted that the Mathura Refinery which is located 40km
north-west of Agra and the Ferozabad Glass Industry were distant sources of
pollution. The other polluting industries as per the report of the Central
Pollution Control Board were iron foundries, ferro-alloy industries,
rubber-processing, lime processing, engineering, chemical industry, brick
factory and vehicles.

● The foundries, chemical industries, and the refinery are the major
sources of the damage to the Taj Mahal. Gases like Sulphur-dioxide
emitted by these industries combine with Oxygen with the help of
moisture in the atmosphere and result in “Acid Rain”. This has a
corroding effect on the marble of the Taj Mahal.

● Damage to the marble used in the Taj Mahal is visible. A yellow pallor
pervades the entire monument. At some places the yellow spots are
magnified by ugly brown and black spots.

● Taj Mahal is a monument of international repute. However, it is on its

way to degradation due to atmospheric pollution. Thus, the petitioner
sought directions from the Court to the authorities to take effective
measures against the concerned polluters.

The National Environment Engineering Research Institute (NEERI)​2 gave

“Overview report” in 1990 implying that the pollution levels are quite high
around The Taj and this was seriously deteriorating The Taj as well as the
ecosystem in the area.

It subsequently submitted a report on October 16/18, 1993 regarding sulphur

dioxide emission control measures at Mathura Refinery and suggested the use
2
https://www.neeri.res.in/archives/annual_reports?page=2#googtrans(en|en)
of natural gas, setting up of hydrocracking unit, improved sulphur recovery unit,
chemo-biochemical sulphur recovery and the setting up of green belt around
the Taj.

It also suggested the shifting of polluting industries outside the TTZ. The report
also examined in detail the decay mechanism and status of The Taj marble. It
stated that the deterioration occurs in two modes. In the process crusts are
formed. The crusts are formed due to sulphur dioxide, but the cumulative
effects of all pollutants are more damaging.

It was observed that trace metals present in fly ash and suspended particulate
matter, e.g. manganese, iron and vanadium act as catalysts for oxidation of
sulphur dioxide, and in turn enhance degradation of marble calcite to gypsum.
 ORDERS PASSED BY THE SUPREME COURT

As a result of the petition, a series of orders were given from 1993 by the
court. On 8th of January, 1993, the court directed the Uttar Pradesh Pollution
Control Board to make a detailed list of all the industries and foundries active
in the region and to make sure that pollution control measures are employed
by the industries and foundries. The U.P Pollution Control Board filed an
affidavit dated 3rd May, 1993 reporting its survey. It categorized the various
industries and reported that there were a total of 511 industries in the area.
Notices were issued to all these industries regarding pollution control as per
the orders of the court.

Although Mathura Oil Refinery was included in the above industries, the court
decided to deal with it separately. The court then passed an order on 5th of
May, 1993. The U.P Pollution Control Board was directed to again issue a
notice (public) to the 511 industries within two weeks through two local and two
national newspapers directing them to install pollution control devices if they
had not already done so. The industries were required to reply within eight
weeks from the date of publication of the notice. The Board was asked to
inspect the industries, if they wished to, to check the truth in their replies and a
report was to be submitted to the court by the Board. Out of the 511 industries,
212 did respond to the notice. The court ordered these industries to be shut
down on 27th of August till necessary pollution control devices were installed.

On 5th of November, 1993, advocate N.N. Goswami appearing on behalf of

the Union of India was ordered to find out the possibility of providing gas as a
fuel to the glass industries and the foundries around Agra by 26th of
November,1993. The court also issued notices to the Ministry of Petroleum
and Gas Authority of India (GAIL). GAIL replied that a detailed survey had to
be done regarding assessment of demand and other technical requirements.
GAIL was asked to coordinate their work with NEERI and U.P Pollution Control
Board for this survey. NEERI in its report dated 19th December, 1993, gave a
green signal to the feasibility of natural gas as fuel in the industries. Propane,
LPG and naphtha were also suggested as alternate fuel.
 The U.P. State Industrial Development Corporation was ordered to look for
sites outside the Taj Trapezium Zone where the industries could be shifted by
4th March, 1994 and GAIL was asked to mention the price of propane. The
creation of a green belt in the area was also undertaken.The Corporation
stated that it had 220 acres (151 plots) of developed area in Kosi (Kotwa) for
immediate allotment, 330 acres and 85 acres of undeveloped land in Salimpur
(Aligarh district) and Etah respectively. All these places are outside the Taj
Trapezium Zone. Before any directions regarding the development of area or
allotment of land to various industries, the court wanted to know the exact
number of air polluting industries which are operating within the TTZ which are
to be shifted outside the area. The U.P. The State Pollution Control Board was
asked to prepare a list on the basis of their record and survey.

The court on 11thn of April, 1994 after hearing learned counsel for the parties,
passed the order indicating that as a first phase, the industries situated in Agra
be relocated out of TTZ.
 VARADARAJAN COMMITTEE REPORT

The Varadarajan Committee​3​, appointed in 1994, following the criticism of

the scientific validity of NEERI's reports and an agitation by Agra's small scale
industry owners, held that there are no pollution -related damages to the
monuments and attributed deteriorating air quality in the region mainly to
non-industrial sources such as traffic and diesel gensets. The committee did
not oppose relocation of the local industries, although instead of shifting them
outside the TTZ, it recommended shifting them to nearby sites towards the
south/south-east of the Taj Mahal.

Interestingly, the original issue of whether the Taj has suffered any damage
due to air pollution and whether it can be attributed to industry alone, on which
scientists and expert committees continue to differ for the last several years,
seems to have become less important than the question of whom to shift,
when to shift and where to shift - so much so that a feature in The Hindustan
Times (April 1, 1995) joked that the government is now considering shifting the
Taj Mahal to NOIDA in Uttar Pradesh (up), near Delhi.

The controversy, as it stands today, raises certain fundamental questions

regarding the role of the judiciary in environmental issues, that of experts or
scientists, the accountability of experts to the parties concerned, and most
importantly, the need to verify the expert opinion through independent bodies.
At the centre of this controversy is NEERI, whose reports have set the tone for
the proceedings in the Court.

3
https://www.downtoearth.org.in/coverage/the-trouble-with-the-trapezmium-25709
 AUTHORITIES REFERRED FOR JUDGEMENT

After taking cognizance of the two Varadharajan Reports (1978 and 1995) and
various NEERI Reports and ordered the shifting of industries in the TTZ in a
phased manner. The Supreme Court examined two four NEERI reports, two
Varadharajan reports and several reports by the Board and held that industries
in TTZ are active contributors to the air pollution.

The Court​4 relied on Vellore Citizens Welfare Forum v. Union of India and Ors,
to define the “Precautionary Principle” and “The Polluter pays principle”.

In the words of the Court The “Precautionary Principle” means:

(i) Environmental measures-by the State Government and the statutory

authorities-must anticipate, prevent and attack the causes of environmental
degradation.

(ii) Where there are threats of serious and irreversible damage, lack of
scientific certainty should not be sued as a reason for postponing measures to
prevent environmental degradation.

(iii) The “Onus of proof is on the actor or the developer/industrialist to show

that his action is environmentally benign.

“The Polluter Pays” principle has been held to be a sound principle by the court
in Indian Council for Enviro-Legal Action vs. Union of India J.T. 1996 (2) 196.

The Court ruled that “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 while carrying on his activity. The rule is premised upon
the very nature of the activity carried on.

4
http://lawtimesjournal.in/m-c-mehta-v-union-of-india-1986-taj-trapezium-case-case-summary/
” 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.

Remediation of the damaged environment is part of the process of

“Sustainable Development” and as such polluter is liable to pay the cost to the
individual sufferers as well as the cost of reversing the damaged ecology. The
precautionary principle and the polluter pays principle have been accepted as
part of the law of the land. Article 21 of the Constitution of India guarantees
protection of life and personal liberty.

Further, the court relied on Article 21 of the Constitution of India which

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 the natural environment.

The Court also relied on 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)
to reach to the final conclusion.
 FINAL VERDICT

The final judgment​5 in this case was given on 30th of December 1996
and the bench consisted of Justice Kuldip Singh and Justice Faizan Uddin.
The court was of the view that The Taj Mahal is a masterpiece and has
international reputation. It is also an important source of revenue to the country
because of the huge tourist attraction it commanded. So, its beauty could not
be compromised.

The exact number of air polluting industries which were to be shifted was found
out. Suggestions were also taken from the concerned industries. Although the
Board had placed on record list of 510 industries which are responsible for air
pollution but they confined this order only to 292 industries located and
operating in Agra. The industries operating in TTZ which were given gas
connections need not relocate. The whole purpose is to stop air pollution by
banishing coke/coal from TTZ.

The Supreme Court also gave certain rights and benefits to the workmen employed in
these 292 industries. The workmen shall have continuity 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 their full wages with continuity of service.
Workmen who agree to shift shall be given one year’s wages as a ‘shifting bonus’. The
workmen who do not intend to shift shall be deemed to have retrenched.

The Court decided to deal with the industries other than these 292 industries separately
and directed the Board to issue separate notices and also public notices to the
remaining industries in the TTZ to apply for gas connection/relocation

The Court further ordered to stop the operation of all the brick kilns in the TTZ. The
bench also ordered that the fly ash produced in the process of the functioning of

5
https://www.lawteacher.net/free-law-essays/european-law/this-case-is-commonly-referred-to-as-taj-trapezium-case-l
aw-essay.php
thermal plants may be supplied to the brick kilns for the construction of bricks. This
would be a useful step to eliminate the pollution caused by fly ash.

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

(a) The setting up of hydrocracker unit and various other devices by the Mathura
Refinery.

(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 TTZ.

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

(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) The construction of Gokul Barrage, water supply work of Gokul Barrage, roads
around Gokul Barrage, Agra Barrage and water supply of Agra barrage, 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 May 10,
1996 and August 30, 1996).

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

(g) The Court suggested to the Planning Commission by order dated September 4,
1996 to consider sanctioning separate allocation for the city of Agra and the creation of
a separate cell under the control of the Central Government to safeguard and preserve
the Taj, the city of Agra and other national heritage monuments in the TT.

(h) 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 a heritage city, within two months.