TAJ TRAPEZIUM

Now-a-days, people have become a lot more environmental conscious than

they were before. The increasingly destruction of the environment urged
several international bodies, organizations, conference to develop concepts
like ‘Sustainable development ‘, ‘polluter pays principle,’
‘precautionary principle,’ ‘Public trust doctrine’ etc. In Indian
Constitution Article 48A stipulates: The state strives to protect and improve
environment and secure the country’s forest and wild animals. The Ministry
of Environment was established in India in 1980 to ensure a healthy
environment in the country. Later this become the Ministry of
Environment. This Article is about the case M.C. Mehta V/S Union of
India also known as Taj Trapezium Case.
Introduction
Taj Mahal is one among the 7 wonders in the world. It is known for his
uniqueness, brilliant architecture of concave and convex structures and
shadows of light the green pathways, the rich white marble along with the
four minerals which give a dimension to the frame. It was built by Mughal
emperor Shah Jahan in the loving memory of his wife Mumtaz Mahal in
1632 A.D. In Taj Trapezium case a petition was filed regarding the increase
in pollution near the Taj Mahal. In this case petition was filed about the
increasing pollution around Taj Mahal.
About Taj Trapezium Case
M.C. Mehta the Petitioner of the case is a lawyer by profession and an
enthusiastic environmentalist by choice. Mehta is a Supreme Court lawyer
who fought against polluting Indian Industries. He is the only lawyer who
stood against the environmental pollution. M.C. Mehta visited Taj Mahal in
1984 and noticed that white marble of Taj Mahal turning yellow. To bring
this matter in lime light. He filed a petition in Supreme Court.
Facts of the case: -

 The petition was filed regarding the deteriorating condition of the

monument. Due to the pollution caused by the nearby industries and
factories due to residential fuel combustion, diesel trains, and buses,
and backup generators, the gases emitted are having harmful effects
not on the people only but on the monument also.
 The petitioner said that pollution is the main cause for the yellow color
of the marble. Emission of pollutant gases like Sulphur dioxide and
oxygen turned into acid rain which is harmful for the environment and
monument also. Therefore, he asked for the protection of the
monument.
  As a result, the Central Board for the Prevention & Control of Water
published “Inventory and Assessment of Pollution Emission” in and
around Agra-Mathura region. The report declared the pollution levels
as high and measures to reduce them.
 In report, one of measures were to shut down the thermal power
stations. Another step was to reduce omissions of Sulphur Dioxide by
50%.

Environmental law Principles applied in Taj Trapezium Case: -

 Sustainable development

Sustainable development was first used at Cocoyox Declaration in 1972 and

received proper support at the Stockholm Conference . The concept of
sustainable development does not deter development, instead it promotes
development as long as environment factors and conditions are not
sidelined. It ensures a harmonious balance between development. It
ensures a harmonious balance between development and protection of the
environment. Recently, quite a few global clothing brands have been
promoting sustainable clothing, this may be viewed as a great initiative
which not only promotes the protection of environment but may also help in
actually doing so.

 Precautionary Principle

The Precautionary Principle plays a huge role with respect to the burden of
proof. According to this principle where the risk of harming the environment
is perceived, the burden of proof would be upon the person who is
undertaking the risk that would lead to environmental damage of some kind.
He must take responsibility and precautionary measures. This principle was
not only applied in the Taj Trapezium Case, but also in Vellore Citizens
Welfare Forum v Union of India. By adhering to the Precautionary
Principle, one can anticipate the environmental harm a prospective project
may cause. In A.P. Pollution Control Board v. Prof. M. V. Nayadu , the
Apex Court observed that “the principles of precaution involves anticipation
of environmental harm and taking measures to avoid it – or to choose the
least environmentally harmful activity.”

 Polluter Pays Principle

Polluter Pays Principle is applied after the environmental degradation has

taken place. This principle mandates the person who has caused such an
adverse environmental damage to pay for their actions. The polluter not
only compensates the victims but also pays for the restoration of the
environment. Therefore, even where the harm cannot be reversed, through
the application of this principle, the polluter is at least made to pay the cost
of the damage done by him. This principle creates absolute liability  on the
polluter.
Judgement

 The Supreme Court observed that other than Chemicals, Socio-

economic factors too influenced the degradation of Taj Mahal.
 By applying the principle of sustainable development , the court
realized the necessity of drawing a balance between environmental
protection and economic development.
 Furthermore, the court recognized two more important principles
known as the Polluter Pays Principle   and the Precautionary Principle .
In order to repair and prevent further damage, the court advocated
that the concept of ‘Sustainable Development’ must be practiced and
that the polluter should be held liable to compensate the suffering
party/parties and must additionally pay the cost of reversing the
damaged ecology. The judgement also relied tremendously upon the
various reports that came to light. As the court was extremely
persistent upon the prevention of further degradation and destruction,
it ordered the neighboring industries to either shift to natural gas or
shut down the operations of such industries and relocate outside the
area of TTZ.
 The people living in the Trapezium zone were at the risk due to Air
pollution. The court ordered 292 industries to operate using safe fuels
like propane instead of coke/coal otherwise they would have to
relocate.
 The Gas Authority of India Limited was in charges of application of
Gas. The court also gave few fundamental rights to workers of these
industries and demanded payment of their wages during the time
taken for relocation.

Drawbacks of the Judgment

 The order only addressed 292 industries out of 510 industries that are
responsible for the damage. It should have been called upon to take
measures as well.
 The direction only asked the industries who are refusing to switch to
the use of natural gas to relocate. In order to eliminate damage due to
pollution, it is beyond necessary to take strict action.
  Although the Judgment lays emphasis on coal and coke pollutants,
significant emphasis was not laid upon pollution due to brick kilns,
bangles and glass factories, pollution caused due to excessive traffic
on the roads of Agra.

Conclusion
Now-a-days pollution are increasing rapidly all over the world. Taj Mahal is
among the 7 wonders in the world and it is known for his beauty and
architecture. This case helped to recognize the environmental damage
around Taj Mahal. It helps in taking the initiative to prevent the damage of
Monuments. It also helps in taking measures against the pollution.
CASE 2
INTRODUCTION
This case is popularly called the Taj Trapezium case. Taj Trapezium refers to a
place of 10,400 sq. km. trapezium fashioned location around Taj Mahal,
overlaying 5 districts within the city of Agra. The Taj Mahal is one of the most
famous and exquisite monuments in the world. The Taj is one of the fine
examples of Mughal architecture in India. It was declared as a UNESCO World
Heritage Site in 1983. In 1984, M.C. Mehta, a public hobby attorney, visited the
Taj Mahal. He noticed that the monument’s marble had become yellow and
became pitted due to pollution from nearby industries. This pressured Mehta to
record this petition earlier than the Supreme Court and in 1986 he filed a writ
petition.
The writ petition became connected with the document of the Expert Committee
called “Report on Environmental Impact of Mathura Refinery” (Varadharajan
Committee) posted with the aid of the Government of India in 1978. The
document indicated the reassessment of pollutants within the Taj Trapezium
Zone (TTZ).

FACTS
In the view of the petitioner, the harm to Taj changed into being because of
chemical industries, foundries, and the refinery at Mathura. The deteriorating
circumstance of the Taj Mahal because of the pollutants, instigated the petitioner
to record a petition earlier than the Apex Court. The petitioner highlighted that
Sulphur dioxide emitted with the aid of the Mathura Refinery and the adjacent
industries ended in Acid Rain that had a corrosive impact at the white marble of
the monument. The Sulphur dioxide emitted with the aid of using the Mathura
Refinery adjacent industries whilst mixed with Oxygen-with the useful resource of
moisture withinside the surroundings fashioned sulphuric acid called “Acid rain.”
Therefore, the number one cause behind the deterioration of this monument’s
splendor have been the diverse polluting retailers emitted with the aid of those
industries. The acid rain had a negative impact upon the marbles at the
monument. The harm changed so that the marble had begun turning yellow.
There have been additionally positive brown and black spots growing on it. This
degradation of one of the most stunning monuments of the arena changed into a
critical count of subjects. This changed into a countrywide subject as Taj Mahal
changed into part of the seven wonders of the arena.

ARGUMENTS OF THE PETITIONER

The foundries, chemical industries, and the refinery are the primary reasserts of
the harm to the Taj Mahal. Gases like Sulphur-dioxide emitted with the aid of
using those industries integrate with Oxygen with the assist of moisture
withinside the ecosystem and result in “Acid Rain.” This has a corroding impact
at the marble of the Taj Mahal. Damage to the marble used inside the Taj Mahal
is visible. A yellow pallor pervades the whole monument. At a few locations the
yellow spots are magnified with the aid of using unpleasant brown and black
spots. Taj Mahal is a monument of global repute. However, it is miles on its
manner to degradation because of atmospheric pollution. Thus, the petitioner
sought instructions from the Court to the government to take powerful measures
in opposition to the worried polluters.

ORDERS PASSED BY THE APEX COURT BEFORE FINAL JUDGEMENT

On eighth January, 1993, the Supreme Court after listening to M.C. Mehta and
taking awareness of the file at the ‘Control of Urban Pollution’ with the aid of
using the Central Pollution Control Board reached to the belief that the principle
reasserts of pollutants are iron foundries, ferro-alloy industries, rubber
processing, lime processing, engineering, chemical industry, brick refractory and
vehicles. The Court similarly directed the U.P. Pollution Control Board
(U.P.P.C.B.) to get a survey executed of the region and put together a listing of
all the industries and foundries that are the reasserts of pollutants withinside the
region. The courtroom docket directed the U.P.P.C.B. to issue notices to all the
foundries and industries in that location to fulfil the Board that important anti-
pollutants measures had been undertaken with the aid of using the stated
industries/foundries.

JUDGMENT
The concluding judgment of this example was given on thirtieth December 1996
through a Division Bench such as of Justice Kuldip Singh and Justice Faizan
Uddin.
The courtroom docket recounted that The Taj Mahal is a piece of artwork and
has a global reputation. Not handiest this however it is additionally a huge supply
of earnings to the United States of America due to the substantial traveler
enchantment it brought. The suggestions given through the courtroom docket
are: - ·
The 292 industries noted withinside the listing shall employ the Gas Authority of
India Ltd. (GAIL) for allowing commercial fuel line-connection before February
15, 1997. · The GAIL will take the very last verdict regarding all the programs for
allowance of fuel line connections through March 31, 1997 and bring the
allowance letters to each enterprise.

The courtroom docket similarly directed the subsequent to display the air
pollutants in TTZ –
(a) The positioning of the hydro cracker department and numerous different
gadgets through the Mathura Refinery. (b) The positioning of fifty sanatorium
beds and transportable dispensaries through the Mathura Refinery to offer
medicinal resources to the general public living in TTZ.
(c) Building of Agra passes to redirect all the transportation which passes through
the metropolis of Agra.
(d) Extra sum overall of Rs. 99.fifty-four crores authorized through the Planning
Commission to be utilized by the State Government for the development of
electricity delivery plans to certify one hundred in step with cent limitless energy
to the TTZ.
(e) The production of Gokul Barrage, water deliver paintings of Gokul Barrage,
roads round Gokul Barrage, Agra Barrage, and water delivery of Agra barrage,
have additionally been started out on a time table foundation to deliver
consuming water to the human beings of Agra.

CONCLUSION
This landmark judgement of Taj Trapezium Case helped apprehend the problem
of environmental harm across the Taj Mahal. Not simplest did it assist discover
some reasons for the depredation of the marbling of the monument, however
additionally implicitly recognized different environmental issues associated with it.
The Apex Court took a terrific initiative through giving due attention to numerous
concepts and ideas of environmental law.