# M.C.MEHTA v. UNION OF INDIA AND ORS

- **Citation:** [1996] Supp. 10 S.C.R. 973
- **Court:** Supreme Court of India
- **Decided:** 1996-12-30
- **Bench:** Kuldip Singh, Faizan Uddin
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/m-c-mehta-v-union-of-india-and-ors-14716
- **Pages:** 69

## Headnote

B
Environmental Law:
Constitution of India, 1950:
Ecology-/'ublic Interest Litigation-Alleged that the Taj Mahal, a c
monument of international repute, was being degraded due to atmospheric
pollution-According to opinion of expert committees including NEER],
emissions generated by use of coke/coal by industries in the Taj Trapezium
?one (TTZ) has damaging effect on the Taj and people living in the
D
TTZ-Held, the 'onus of proof was on industry to show its operation with
aid of coke/coal was environmentally benign-The Taj, apart from being a
cultural heritage, was industry by itself-Therefore, pollution must be stopped
while encouraging development of industry-'Sustainable Development' and
'Precautionary /'rinciple' applicable-industries in TTZ must use natural gas
as substitute for coke/coal-If natural gas was not acceptable/available to E
such industries, they must stop functioning with aid of coke/coal in the TTZ
and may relocate themselves as per directions of Supreme Court-:Accordingly, directions issued by Supreme Court-Environmental (Protection) Act,
1986->4.ir (Prevention and Control of Pollution) Act, 1981.
The petitioner filed a writ petition in public interest in this Court F
alleging that the Taj, a monument or international repute, was on its way
to degradation due to atmospheric pollution and it was imperative that
preventive steps were taken soon. According to the opinion or expert
committees including National Environmental Engineering Research In·
stitute (NEERI) it was proved beyond doubt that the emissions generated G
by the use of coke/coal by the industries in the Taj Trapezium Zone (TTZ)
were the main polluters of the ambient air and had damaging effect on the
Taj and the people living in-the trz.
The petitioner had sought appropriate directions to the authorities
concerned to take immediate steps to stop air pollution in the TTZ and H
973
974
SUPREME COURT REPORTS[1996] SUPP.10 S.C.R.
A save the Taj.
~
Disposing of the petition, this Court
HELD : 1.1. The Taj, apart from being a cultural heritage, is an
industry by itself. More than two million tourists visit the Taj every year.
B It is a source of revenue for the country. 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
environmen.tal pollution. It cannot be disputed that the use of coke/coal by
the industries emit pollution in the ambient air. The objective behind this
c litigation is to stop the pollution while encouraging development of in·
dustry. The old concept that development and ecology cannot go together
is no longer acceptable. Sustainable development is the answer. The
development of industry is essential for the economy of the country, but at
the same time the environment and eco-system have to be protected. The
D
pollution created as a consequence of development must commensurate
with the carrying capacity of our eco-systems. [1033-G-H; 1034-A·B]
1.2. The emissions generated by the coke/coal co'1suming industries
are air-pollutants and have damaging effect on the Taj and the people
living in the Taj Trapezium Zone (TTZ). The atmospheric pollution in
E TTZ has to be eliminated at any cost. Not even one percent chance can be
taken when • human life apart • the preservation of a prestigious monoment like the Taj is involved. In any case, in view of the precautionary
principle, the environmental measures must anticipate, prevent andattack
the causes of environmental degradation. The 'onus of proor is· on an
industry to show that its operation with the aid of coke/coal is environ·
F mentally benign. It is, rather, proved beyond doubt the emissions
generated by the use of coke/coal by the industries in TTZ are the main
polluters of the ambient air. [1037-A-C]
Vellore Citizens Welfare Forum v. Union of India & Ors., JT (1996) 7
G SC 375, relied on.
Indian Council for Enviro-Legal Action v. Union of India, JT (1996) 2
,,.___
SC

## Text

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M.C.MEHTA
A
v.
UNION OF INDIA AND ORS.
DECEMBER 30, 1996
[KULDIP SINGH AND FAIZAN UDDIN, JJ.]
B
Environmental Law:
Constitution of India, 1950:
Ecology-/'ublic Interest Litigation-Alleged that the Taj Mahal, a c
monument of international repute, was being degraded due to atmospheric
pollution-According to opinion of expert committees including NEER],
emissions generated by use of coke/coal by industries in the Taj Trapezium
?one (TTZ) has damaging effect on the Taj and people living in the
D
TTZ-Held, the 'onus of proof was on industry to show its operation with
aid of coke/coal was environmentally benign-The Taj, apart from being a
cultural heritage, was industry by itself-Therefore, pollution must be stopped
while encouraging development of industry-'Sustainable Development' and
'Precautionary /'rinciple' applicable-industries in TTZ must use natural gas
as substitute for coke/coal-If natural gas was not acceptable/available to E
such industries, they must stop functioning with aid of coke/coal in the TTZ
and may relocate themselves as per directions of Supreme Court-:Accordingly, directions issued by Supreme Court-Environmental (Protection) Act,
1986->4.ir (Prevention and Control of Pollution) Act, 1981.
The petitioner filed a writ petition in public interest in this Court F
alleging that the Taj, a monument or international repute, was on its way
to degradation due to atmospheric pollution and it was imperative that
preventive steps were taken soon. According to the opinion or expert
committees including National Environmental Engineering Research In·
stitute (NEERI) it was proved beyond doubt that the emissions generated G
by the use of coke/coal by the industries in the Taj Trapezium Zone (TTZ)
were the main polluters of the ambient air and had damaging effect on the
Taj and the people living in-the trz.
The petitioner had sought appropriate directions to the authorities
concerned to take immediate steps to stop air pollution in the TTZ and H
973
974
SUPREME COURT REPORTS[1996] SUPP.10 S.C.R.
A save the Taj.
~
Disposing of the petition, this Court
HELD : 1.1. The Taj, apart from being a cultural heritage, is an
industry by itself. More than two million tourists visit the Taj every year.
B It is a source of revenue for the country. 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
environmen.tal pollution. It cannot be disputed that the use of coke/coal by
the industries emit pollution in the ambient air. The objective behind this
c litigation is to stop the pollution while encouraging development of in·
dustry. The old concept that development and ecology cannot go together
is no longer acceptable. Sustainable development is the answer. The
development of industry is essential for the economy of the country, but at
the same time the environment and eco-system have to be protected. The
D
pollution created as a consequence of development must commensurate
with the carrying capacity of our eco-systems. [1033-G-H; 1034-A·B]
1.2. The emissions generated by the coke/coal co'1suming industries
are air-pollutants and have damaging effect on the Taj and the people
living in the Taj Trapezium Zone (TTZ). The atmospheric pollution in
E TTZ has to be eliminated at any cost. Not even one percent chance can be
taken when • human life apart • the preservation of a prestigious monoment like the Taj is involved. In any case, in view of the precautionary
principle, the environmental measures must anticipate, prevent andattack
the causes of environmental degradation. The 'onus of proor is· on an
industry to show that its operation with the aid of coke/coal is environ·
F mentally benign. It is, rather, proved beyond doubt the emissions
generated by the use of coke/coal by the industries in TTZ are the main
polluters of the ambient air. [1037-A-C]
Vellore Citizens Welfare Forum v. Union of India & Ors., JT (1996) 7
G SC 375, relied on.
Indian Council for Enviro-Legal Action v. Union of India, JT (1996) 2
,,.___
SC 196, cited.
2. Relocation of the industries from TTZ is to be resorted. to only if
H the natural gas which has been brought at the doorstep of TTZ is not
M.C. MEHTAv. U.0.1. [KULDIP SINGH, J.]
- 975
-
acceptable/available by/to the industries as a substitute for coke/coal. The A
GAIL has already invited the industries in TIZ to apply for gas connec·
tions. The industries operating in TIZ which are given gas connections to
run the industries need not relocate. The whole purpose is to stop air
pollution by banishing coke/coal from .TIZ. Accordingly, 292 industries
(mentioned in para 29) shall change-over to the natural gas as an inB
dustrial-fuel. The industries which are not in a position to obtain gas
connections • for any reason • shall stop functioning with the aid of
coke/coal in the TIZ and may relocate themselves as per the direction
given. [1034-B-D; 1037-D]
CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 13381 c
of 1984.
Under Article 32 of the Constitution of India.
M.C. Mehta, Ms. Seema Midha, Ranjit Kumar, Krishan Mahajan and
Vijay Panjwani for the Petitioner.
D
D.V. Seghal, P.P. Malhotra, Arnn Jaitley, T. Mahipal, Pradeep
Misra, Hemant Sharma, Ms. Niranjan Singh, Ms. Suchitra, A. Chitale, R.
Jagannath Gowley, B.K. Prasad, Sanjay Parikh, D.N. Mishra, S.
Sukumaran, Sakeh Kumar, Satish K. Agnihotri, Ms. Niranjana Singh, D.S.
Mehra, Sanjay Parikh, R.K. Maheshwari, K.K. Gupta and Sushil Kumar E
Jain for the Respondents.
The Judgment of the Court was delivered by
KULDIP SINGH, J. Taj Mahal · The Taj - is the "King Emperor"
amongst the World - Wonders. The Taj is the final achievement and acme F
of the Moghul Art. It represents the most refined aesthetic values. It is a
fantasy -like grandeur. It is the perfect culmination and artistic interplay of
the architects' skill and the jewellers' inspiration. The marble-in-lay walls
of the Taj are amongst the most outstanding examples of decorative
workmanship. The elegant symmetry of its exterior and the aerial grace of G
its domes and minarets impress the beholder in a manner never to be
... ,.
forgotten. It stands out as one of the most priceless national monument, of
surpassing beauty and worth, a glorious tribute to man's achievement in
Architecture and Engineering.
Lord Roberts in his work "Forty one years in India" describes the Taj H
976
SUPREME COURT REPORTS(1996] SUPP.10 S.C.R.
A as under:-
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"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. To those who have not seen it, I would
say, - Go to India; the Taj alone is well worth the journey."
A poet describes the Taj as under :-
"It is too pure, too holy to be the work of human hands. Angels
must have brought it from heaven and a glass case should be
thrown over it to preserve it from each breath of air."
Sammuel Smith in his Book about the Taj explains th.e impact as
under:-
"We stood spell-bound for a few minutes at this lovely apparition;
it hardly seems of the earth. It is more like a dream of Celestial
beauty, no words can describe it. We felt that all previous sights
were damned in comparison. No such effect is produced by the
first view of St. Peter's or Milan or Cologne Cathedrals. They are
all majestic, but this is enchantment itself. So perfect is its form
that all other structures seem clumsy."
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 aggravate the situation with even more formidable
phenomena of damage or destruction. A private sector preservation organisation called "World Monuments Fund" (American Express Company)
F
has published a list of 100 most endangered sites (1996) in the World. The
Taj has been included in the list by stating as under :-
G
H
"The Taj Mahal - Agra - India"
The Taj Mahal, Marble Tomb for Mumtaz Mahal, wife of emperor
Shah Jahan, is considered the epitome of Mughal monumental
domed tombs set in a garden. The environment of Agra is today
beset with problems relating to the inadequacy of its urban infrastructure for transportation, water and electricity. The densest
pollution near the Taj mahal is caused by residential fuel combustion, diesel trains and buses, and back-up generators. Construction
of the proposed Agra Ring Road and Bypass that would divert the
-
M.C. MEIITA v. U.0.1. [KULDIP SINGH, J.]
m
estimated daily 6,50,000 tons of trans-India truck traffic awaits A
financing. Strick controls on industrial pollution established in 1982
are being intensively enforced following a 1993 Supreme Court
Order. 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. Agra B
contains three World Heritage Sites, including the Taj Mahal."
According to the petitioner, the foundries, chemical/hazardous industries
and the refinery at Mathura are the major sources of damage to the Taj.
The sulphur dioxide emitted by the Mathura Refinery and the industries
when combined with Oxygen - with the aid of moisture - in the atmosphere C
forms sulphuric acid called "Acid rain" which has a corroding effect on the
gleaming white marble. Industrial/Refinery emissions, brick: kilns,
vehicular traffic and generator-sets are primarily responsible for polluting
the ambient air around Taj Trapezium (TTZ). The petition states that the
white marble has yellowed and blackened in places. It is inside the Taj that D
the decay is more apparent. Yellow pallor pervades the entire monument.
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. According to the petitioner The Taj -
a monument of iiitemational repute - is on its way to degradation due to
atmospheric pollution and it is imperative that preventive steps are taken E
and soon. 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 Report of the Expert Committee called "Report on EnvironmenF
tal Impact of Mathura Refinery'' (Varadharajan Committee) published by
the Government of India in 1978 has been anriexed along with the writ
petition. Para 4.1 of the conclusions therein is as under :-
•
"There is substantial level of pollution of sulphur dioxide and
particulate matter in the Agra region. The p(Jssible sources are all G
coal users consisting of two Power Plants, a-number of small
industries mainly foundries (approximately 250) and a Railway
Shunting Yard. As far as suspended particulate matters are concerned, because of use of coal, contribution will be substantial.
Even though the total amount of emission of sulphur dioxide from H
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SUPREME COURT REPORTS(1996) SUPP.10 S.CR.
these sources may be small, on account of their proximity to the
monuments, their contribution to the air quality of the zone will
be considerably high."
Varadharajan Committee made, among others, 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 .......... Efforts may be made to relocate
the existing small industries, particularly the foundries, 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 mon!':_ments . ......... ..
Similar considerations may apply to large industries such as Fertilizer & Petrochemicals. Such industries which are' likely to cause
environmental pollution may not be located in the neighborhood
of the refinery. The Committee further recommends that no large
industry in the Agra region and its neighborhood 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 wishes to record
its deep concern regarding the existing level of pollution in Agra. It
recommends that an appropriate authority be created which could
monitor emissions by industries as well as the air quality at Agra
on a continuous basis. 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 emission
whenever the pollutant level at the monuments exceeds acceptable
limits. The Committee particUlarly desires that recommendations
made in regard to reduction of existing pollution levelS at Agra
shoUld be converted to a time-bound programme and shoUld be
implemented with utmost speed ......... The Committee also recommends that studies shoUld be undertaken by competent ageJ:l,Cies
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. .. ..... 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,
'
•
..__
[
M.C. MEHTAv. U.0.1. [KULDIP SINGH, J.]
CJ79
,.
the Committee is of the opinion that till such time this problem is A
studied 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."
The Central Board for the Prevention and Control of Water Pollution, New B
Delhi, published a report (Control of Urban Pollution Series CUPS/7/198182) under the title "inventory and Assessment of Pollution Emission in and
Around Agra-Mathura Region (Abridged)". The relevant findings are as
under :-
"Industrial activities which are in operation in Agra city and its c
outskirts could be categorized as (i) Ferrous Metal Casting using
Cupolas (Foundry); (ii) Ferro-alloy and Non-Ferrous Castings
using Crucibles, Rotary Furnaces etc. (iii) Rubber Processing; (iv)
Lime Oxidation and Pulverising; (v) Engineering; (vi) Chemical;
and (vii) Brick and Refractory Kilns (Table 4-1) .............. The D
contribution of sulphur dioxide through emission primarily from
the combustion frqm the fuels comprising hard coke, steam coal,
wood and fuel oil is estimated as 3.64 tonnes per day from industrial activities in the Agra City and its outskirts (Table 5-3).
The vehicular contribution as estimated from traffic census in 6
road crossings is only 65 kg a day or 0.065 tonnes a day and should E
be considered negligible for the present (Para 7.4). .. ....... The
· Contribution of sulphur dioxide from the 5 recognised distinct
discrete sources in tonnes per day are 2.28, 2.28, 1.36, 1.21 and
0.65 from (i) two thermal power stations, (ii) foundries, (iii) other
industries in Agra (iv) two railway marshalling yards and (v) F
vehicular traffic respectively. Omitting contnbution from vehicular
traffic as because it is considered negligible, the relative contributions from the other 4 distinct sources are 32, 32, 19 and 16.9 per
cent. With the elimination of the first and the fourth sources-by
closing down the two thermal power station and replacing coal
G
1 fired steam engines by diesel engines in the two railway marshalling
..... ~
yards- about 50 per cent (48.9) to be exact) cut down of sulphur
dioxide emission is expected."
The National Environment Engineering Research Institute (NEERI) gave
"Over-view report" regarding status of air pollution around the Taj in 1990. H
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SUPREME COURT REPORTS(1996) SUPP. 10 S.C.R.
A Relevant part of ~e report is as under:-
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"The sources of pollution, including small and medium scale industrial units, are scattered all around Taj Mahal. High air pollution load is thus pumped into the Taj air-shed. 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. . .......... On four occasions during the five year
air quality monitoring, the 4 hrly average values of S02 at Taj Mahal
were observed to be higher than 300 ug/m3, i.e. 10 folds of the
promulgated CPCB standard of 30 ug/m3 for sensitive areas. The
values exceeded even the standard of 120 ug/m3 set for industrial
zones. Statistical analysis of the recorded data indicate that 40%
(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. . ........ 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."
E The impact of the air quality on the Taj has been stated as under :-
"The rapid industrial development of Agra - Mathura region has
resulted in acidic emissions into the atmosphere at an alarming
rate. This causes serious concern on the well being of Taj Mahal .
....... The gaseous pollutants being acidic in nature, significantly
F
impact both the biotic as well as the abiotic components of the
ecosystem like plants and building material like marble and red
stone".
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This Court on January 8, 1993 passed the following order:-
'We have heard Mr. M.C. Mehta, the petitioner in person. According to him, the sources of pollution in Agra region as per the
report of Central Pollution Control Board are iron foundries,
Ferro-alloyed industries, rubber processing, lime processing, engineering, chemical industry, brick refractory and vehicles. He
further states that distant sources of pollution are the mathura
.-
•
.........
M.C.MEHTAv. U.O.I.[KULDIPSiNGH,J.]
981
Refinery and Ferozabad Glass Industry. It is necessary to have a A
detailed survey done of the area to· find out the actual industries
and foundries which are working in the region. We direct the U.P.
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. The Pollution Board after having B
the survey done shall issue notices to all the foundries and industries in that region to satisfy the Board that necessary anti-pol1 ution measures have been undertaken by the said
industries/foundries. The Pollution Board after doing this exercise
shall submit a report to this Court on or before May 5, 1993. A
copy of this order be sent to the Chairman and Secretary, U.P. C ·
Pollution Control Board for compliance and report as directed." i
I
Pursuant to the above quoted order the U.P. Pollution Control Boar~ (the
Board) filea an affidavit dated May 3, 1993. It is stated in the affidavit that
as per survey report furnished by the Regional Office of the U.P. Board
the industries of Agra Region were categorised as under :
D
Nature of Industry
Number of
industry
(I)
Foundries
168
(II)
Rubber Factories
20
E
(III)
Engineering Industries·
46
(IV)
Chemical & other Industries
55
(V)
Lime Kilns
03
(VI)
Refinery (Situated at Mathura)
01
F
(VII)
Glass Industries (Situated
49
at Firozabad)
(VIII)
Brick Refractories and Poulteries
09
(IX)
Bangle Industries (Situated
120
G
at Firozabad)
(X)
Block Glass Industries
40
TOTAL
511
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SUPREME COURT REPORTS[1996] SUPP. 10 S.C.R.
A The affidavit further states that notices were issued to the aforesaid 511
industries/foundries as directed by this Court. Although Mathura Refinery
is included in the list of 511 industries but we are not dealing with the
refinery in this judgment. The Mathura Refinery is being dealt with
separately. All the foundries/industries are represented before us through
the National Chamber of Industries and Commerce, U.P., Agra, U.P.
B Chamber of Commerce and the Glass Industries Syndicate. Some of the
individual industries have also been represented through theif learned.
counsel
This Court considered the affidavit filed by the Board and passed
C the following order on May 5, 1993 :
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"Pursuant to this Court's order dt. January 8, 1993, an affidavit has
been filed by the U.P. Pollution Control Board. It has been stated
therein that in terms of this Court's order dated January 8, 1993,
notices have been issued by the Board to 511 industries in Agra
region. The names and addresses of the said industries have been
enclosed along with the affidavit. The industries are required to
file their replies to the notices by May 5, 1993 (today) ....... We
. direct the U.P. Pollution Control Board to issue a public notict; by
getting the same published in two local newspapers and two
national newspapers calling upon all the 511 industries to instal
anti-pollution mechanism/affiuent treatment plants if they have not
already done so. 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 notiees in the
newspapers. This publication shall be done within two weeks from
today. After the replies from the industries are received and
processed by the Board, the Board may, if it so desires, inspect
any of the industries ill order to find out the correctness of the
replies filed by the industries. The matter be listed on August 10,
1993."
Pursuant to this Court's order (quoted above) the Board filed affidavit
dated August 5, 1993 wherein it is stated that public notice was published
in two local newspapers of Agra on May 17, 1993 and two National
Newspapers on May.18, 1993 calling upon the industries to file their replies
H during the extended time. The affidavit states that all the listed industries
"\;
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M.C. MEHTA v. U.01. [KULDIP SINGH, J.]
983
were polluting industries and 507 out of theip., had not even installed any A
air pollution control device. 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 August 27, 1993 with immediate
effect. The closure order was to operate till the time necessary pollution
control devices were to be set up by the industries concerned;
B
Meanwhile, NEERI submitted its report dated October 16/18, 1993
regarding sulphur dioxide emission control measures at Mathura Refinery.
Since the Mathura Refinery matter is being dealt with separately it is not
necessary to go into the details of the report. Suffice it to say that apart
from short term strategy, the NEERI recommended the use of natural gas, C
setting up of Hydro cracking unit, improved sulphur Recovery Unit,
Chemo-biochemical Sulphur Recovery and the setting up of green belt
around the refinery. The NEERI report examined in detail the decay
mechanism and status of the Taj marble. How the deterioration of marble
occurs, is stated by NEERI as under :-
D
"The deterioration of marble occurs in two modes. In the first
mode, weathering takes place if the marble is sheltered under
domes and cornices, and protected from direct impact of rain.
Here a -crust is formed, which after some period, exfoliates due to
mechanical stresses. In case of marble exposed to rain, gradual E
reduction of material occurs, as the reaction products are washed
away by rainfall and fresh marble is exposed. The crusts. are formed
due to Sulphur Dioxide, but the cumulative effects of all pollutants
are more damaging. It is also observed that trace me~als present
in fly ash and suspended particulate matter, e.g. Manganese, Iron
and Vanadium act as catalysts for oxidation of SUiphur Dioxide, F ·
and in turn enhance degradation of marble calcite to gypsum."
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 G
that the black soot on certain protected surfaces contains 0.6%
Calcium and traces of Sulphate. X-ray diffraction studies indicated
that soot a quartz (Silicon Dioxide) are the major constituents of
the black coating at Taj Mahal (Lal and Holden, ES & T, April
1981). The origin of soot can be traced back to the fuel consump- H
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SUPREME COURTREPORTS(1996] SUPP.10 S.C.R.
tion around the sensitive receptor, while quartz is derived from
geocrustal origin and causes surface abrasions. Soot in itself is not
chemically destructive, but with tar it acts as a soiling agent.
Absorption of the acidic gases is enhanced due to the presence of
soot/smoky matter resulting in long term effects. Further, the
· presence of soot reduces the aesthetic value of the monument.
Ambient air around Taj Mahal is polluted primarily from point/line
sources and has adverse impacts on building material by alternation of marble and sandstone structures at micro-crystalline level.
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. During monsoon seasons, suspended particles are washed away and this cycle
of pollutant built-up and subsequent removal continues exposing
fresh surface of the monument to the pollutants."
D On November 19, 1993, this Court passed the following order:
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"On November 5, 1993, we suggested to Mr. N.N. Goswami,
learned senior advocate, appearing on behalf of the Union ·of India
to find out the possibility of providing Gas ·as a fuel to the Glass
Industries and the Foundries around Agra. Mr. Goswamy states
that he is already in touch with the authorities concerned and needs
little more time. We give him time till November 26, 1993. He must
file concrete proposal before the next date of hearing. Meanwhile,
we also issue Notice to the Secretary, Ministry of Petroleum, Govt.
of India and the Chairman, Gas Authority of India, returnable on
November 26, 1993."
This Court qn November 26, 1993 examined the affidavit filed by the Gas
Authority of India Ltd. (GAIL) regarding supply of natural gas to the
industries operating in TTZ and passed the following order :
"Pursuant to this Court's order dated November 19, 1993, Mr. R.P.
Sharma, General manager, Marketing and Planning, Gas Authority
of India Ltd. has filed an affidavit dated November 25, 1993. Mr.
Sharma is also present in Court. It has been stated in the affidavit
and also orally by Mn Sharma that without undertaking the
detailed survey with regard to the assessment of demand and other
j
(
M.C. MEHTA v. U.O.I. [KULDIP SINGH, J.]
985
technical requirements it would not be possible to proceeu further A
in this matter.
Dr. Khanna, Director, NEERI states that some sort of survey
in this respect has already been done by the State of U.P. He
further states that so far as Mathura Refinery is concerned, NEERI
has ·aone the survey under the directions of this Court. According B
to him, the work of doing further survey on behalf of the Gas
··Authority of India Ltd. can be undertaken by NEERI if the term
are suitable. Mr. R.P. Sharma, General Manager, Gas Authority
of India Ltd. states that the Gas Authority shall send their terms
of reference to the NEERI within ten days. Let this be done. Dr. C
Khanna states that they will respond to the terms within a week
thereafter.
Mr. Pradeep Misra, learned counsel appearing on behalf of the
U.P. State Pollution Control Board states that whatever data in
this matter is available with the State of U .P. shall be supplied to D
NEERI within a week.
To be listed on December 17, 1993. We request Dr. Khanna,
Director, NEERI and Mr. R.P. Sharma, General manager, Gas·
Authority of India Ltd_: (or any other officer on his behalf) to be E
present in Court on De.cember 17, 1993."
The NEERI in its project proposal dated December 19, 1993 regarding
feasibility of utilisation of natural gas as replacement of conventional
fuel in the industrial sectors of Agra, Mathura and Firozabad stated as
under:
F
"The Ministry of Environment and Forests (MEF), retained the
.
\
Natjonal Environmental Engineering Research Institute (NEERI)
in December 1992 to redefine the Taj Trapezium. The study was
completed in July 1993. Stringent pollution control regulations
have been stipulated by the Government of India but the industries G
within Agra area are not meeting the prescribed emission standards. One of the reasons is that the industries use coal and coke
for their fuel requirements. Amongst the options proposed in the
Air -Environment Management Plan in Taj Trapezium report,
NEERI has suggested change over to cleaner fuel like ONG for H
986
A
B
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SUPREME COURT REPORTS[l996) SUPP. 10 S.C.R.
mitigation of air pollution in the region. As per the directives of ·
the Hon'ble Supreme Court of India, NEERI proposed a study on
techno-economic feasibility of utilisation of compressed Natural
Gas (CNG) as a replacement of solid/liquid fuels (eg, Coal, FO,
LSHS etc.) in the industrial sectors of Agra, Mathura and
Firozabad region, based on the Terms of Reference formulated by
the Gas Authority of India Ltd. (GAIL).
The existing HBJ pipeline laid by GAIL for transmission and
distribution of CNG from the Western offshore Region passing
through Gujarat, Madhya Pradesh, Rajasthan, Uttar pradesh,
Delhi and Haryana can be tapped to serve this sensitive area.
Auraiya in Uttar Pradesh is the nearest possible tapping point
which is at an approximate dlstance of 170kilometers from Agra.
Presently the total availability of CNG ex-Hazira is of the order of
20 MMSCMD, and is expected to increase to 38-39 MMSCMD in
1998-99 as projected by GAIL. Based on the existing energy
demand, NEERI has projected approximately 1.00 MMSCMD
CNG requirements for Agra, Mathura and Firozabad region.
The price of CNG at Auraiya (exclusive of taxes) range from
Rs. 2500-2700/1000 m3 which will be further altered by GovernE
ment of India after 1995 (GAIL's projection)."
This Court by the order dated February 11, 1994 asked the NEERI
to examine the possibility of using propane or any other safe fuel instead
of coal/coke by the industries in TTZ. This Court also directed the UP
State Industrial Development Corporation (the Corporation) to locate
F
sufficient areas outside the TTZ to relocate the industries. The operative
G
H
part of the order is as under :-
"We requested Mr. V.R. Reddy, learned Additional Solicitor
General on January 14, !994 to have discussion with the concerned.
authorities and assist us in probing the possibility of providing
some safe fuel to the foundries and other industries situated in the
Taj trapezium. We are thankful to Mr. Reddy for doing good job
and placing before us various suggestions in that direction. Mr.
Reddy has suggested that NEERI be asked to examine the possible
effects of the use of Propme as a safe fuel from the point of view
of atmospheric pollution. We accept the suggestion and request
M.C. ¥EHTA v. U.0.1. (KULDIP SINGH, J.]
987
Dr. P. Khanna to examine the feasibility of Propane as a possible A
alternative to the present fuel which is being used by the foundaries
and other industries in the Taj trapezium. This may be done within
· 2 weeks from today. Copy of this order be sent to the Director,
NEERI within 2 days from today, Government of India, Ministry
of Environment shall pay the charges of NEER! in this respect.
B
We further direct the U.P. 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. The Corporation shall also indicate the various incentives c
which the Government/U.P.S.l.D.C. might offer to the shifting
industries. The Managing Director of the U.P.S.I.D.C. shall file an
affidavit before this Court on or before March 4, 1994 indicating
the steps taken by the corporation in this respect. We also direct
the Gas Authority of India to indicate the price of Propane which D
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. This may be done within 4 weeks from today.
We place this statement of the outcome of discussion held by Mr.
Reddy with the concerned authorities on record." .
•
E
This Court on February 25, 1994 examined the issue relating to supply of
natural gas to the Mathura Refinery and the industries in the TTZ and
l'
passed the followinl! 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 F
who can take instant decision in the matter. We, therefore, request
the Chairman of the Oil and Natural Gas Commission, 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 2.00 PM.
G
.-....
We further direct the Secretary, Ministry of Pet;rolt;,um, to
depute a responsible officer to be present in the Court on 8.3.94
at2 PM."
The Corporation filed affidavit dated March 3, 1994 indicating the loca~ H
988
SUPREME COURT REPORTS[1996) SUPP. 10 S.C.R.
A tion/area of various industrial estates which were available for relocation
of the industries from TIZ. After examining the contents of the affidavit,
this Court on March 4, 1994 passed the following order :-
"Mr. K.K. Venugopal, learned senior advocate appears for the U.P.
B
State Industrial Corporation Limited. The Corporation has filed
an affidavit wherein it is stated that the Corporation has 220 acres
of developed land in industrial area, Kosi (Kotwa) where 151 plots
are · available for immediate allotment. It is further stated that
undeveloped land measuring 330 acres is available in Salimpur in
Aligarh District. Both these places are about 60/65 Kms. away from
c
Agra and are outside The Taj environment Trapezium. It is also
stated that 85 acres of undeveloped land is also available at Etah,
which is about 80 Kms. away from ~gra.
Before we issue any. directions regarding the development of
D
area or allotment of land to various industries,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. Mr. Pradeep Misra, learned counsel for the U.P. State
Pollution Control Board fairly states that he would direct the
Board Secretariat to prepare a list on the basis of their record and
E
survey, and submit the same in this Court within a week from today.
Mr. S.K. Jain and Mr. Sanjay Parikh, Advocates have been
appearing for various industries. They also undertake to get the
information in this respect and give a list to the U.P. Pollution
Control Board. We further direct the Secretary, Department of
F
Industries, Government of Uttar Prade.sh, 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."
On March 8, 1994 the Chairmen, General Managers and other officers of
G various commissions/corporations and departments were present.in Court.
After hearing them, the Court passed the following order :~
"Pursuant to this Court's order dated February 25, 1994, Shri S.K.
Manglik, Chairman and Managing Director, Oil and Natural Gas
Commission along with Shri Atul Chandra, Group General
H
Manager (Operation), Shri K.K. Kapur, Chairman and Managing
~.
1
>
M.C. MEHTAv. U.0.1. [KULDIP SINGH, J.]
989
Director, Gas Authority of India along with Shri R.P. Sharma, A
General Manager (Marketing) Shri B.K. Bakshi, Chairman and
Managing Director, Indian Oil Corporation along with Shri A.P.
Choudhary and Shri S.R. Shah, Joint Secretary, Ministry of
petroleum; are present in Court. We place on record our appreciation for having responded to our request.
We have discussed our view point with Shri Manglik, Shri
Kapur, Shri Shah and Shri Bakshi. We have requested them to file
fa this Court a note each with regard to the discussion we have
had with them in the Court. This may be done within five days."
'.
When the matter came up for consideration on March 31, 1994, this Court
while examining the question of relocating the industries, passed the following order :-
B
c
" ....... Mr. Venugopal, learned senior counsel appearing for the
UPSIDC states that the UPSIDC would examine the demand of D
each of the industry and thereafter locate the requisite area outside
the Taj Trapezium for shifting these industries. We p~opose to
issue public/individual notices inviting objections/suggestions from
the industries concerned. Mr. Venugopal states that he would
prepare & file the format of the said notice. This matter to come E
up for further consideration on 8.4.94."
This Court on April 11, 1994 examined the NEERI report dated July, 1993.
The Ministry of Environment and Forests retained NEERI in January, 1993
to undertake an extensive study with.a view to redefining the TTZ (TajTrapezium) and realienating the area management e~vironrnental plan. F
The NEERI submitted its fmal report to the Government of India in July,
1993. A copy of the report was placed on the record of this Court. The
report was prepared under the guidance of Dr. P. Khanna, Director,
NEERI and the project leaders were Dr. A.N, Aggarwal and Dr. Mrs.
Thakra. In addition, there was a team of about 30 scientists participating
in the project. The NEERI in its report has found as a fact that the G
industries in TTZ (districts of Agra, Mathura, Ferozabad and Bharatpur)
are the main source of pollution causing damage to the Taj. The NEERI
has suggested various measures for controlling the pollution in the area.
One of the suggestions made is the shifting of the polluting industries to
an area outside the TTZ. The other notable recommendation is the setting H
990
SUPREME COURT REPORTS(1996] SUPP. 10 S.C.R.
A up of the Green Belt Development Plan around The Taj to save it from
the effect of pollution. Under the directions of this Court, the green belt
as suggested by NEERI is already in the process of being planted/grown
around the Taj. The matter is being processed separately.
This Court on April 11, 1994 after hearing· learned counsel for the
B parties, passed the or~er indicating that as a first phase the industries
situated in Agra be relocated out of TTZ. While the industries were being
heard on the issue of relocation, this Court on April 29, 1994 passed the
following order :-
C
" ....... Efforts are being made to free the prestigious Taj from
pollution, if there is any, because of the industries located in and
around Agra. It is further clear from our order that the basis of ·
the action initiated by this Court is the NEERl's report which was
submitted to the Government of India in July, 1993.
D
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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. Ministry of Environment and Forests, Government of India may examine this aspect and apppint 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. The authority can also identify the
polluting industries in the Taj Trapezium. We, therefore, request
· Mr. Kamal Nath, Minister Incharge, Department of Environment
and Forests, to personally look into _this matter and identify the
authority who is to be entrusted with this job. This must be done
within three weeks from the receipt of this order.