Supreme Court of India
M.C.MEHTAversusUNION OF INDIA AND ORS.
- Citation
- 1996 INSC 1534
- Decided
- 30 December 1996
- Disposal
- Disposed off
- Bench
- KULDIP SINGH
Holding
The Court held that the industries in the Taj Trapezium Zone are the main polluters and, under the precautionary principle, must either convert to natural gas or relocate, with the onus of proof on them to show environmental benignity.
Summary
The Supreme Court entertained a public‑interest writ petition filed by environmental activist M.C. Mehta alleging that emissions from coke/coal‑using industries in the Taj Trapezium Zone (TTZ) were causing severe atmospheric pollution and damaging the Taj Mahal. Expert reports (NEERI, Varadharajan Committee) established that the industries were the principal polluters. Applying the precautionary and polluter‑pays principles, the Court held that the onus of proof lay on the industries to demonstrate that their operations were environmentally benign. It directed that the 292 identified industries must either convert to natural gas as fuel or relocate outside the TTZ, setting strict deadlines for applications, gas connections, and closure. The judgment also ordered the creation of a single‑window agency for relocation assistance, compensation for workers, and various ancillary measures to protect the monument. The petition was ultimately disposed of.
Issues considered
- The extent to which emissions from coke/coal‑using industries in the TTZ constitute a threat to the Taj Mahal and public health.
- Whether the precautionary principle and polluter‑pays principle are applicable under Indian environmental law.
- Whether the court can impose a duty on industries to shift to natural gas or relocate and set enforceable deadlines.
- The burden of proof: should it rest on the industries to prove their operations are environmentally benign?
- The scope of the State’s obligations to facilitate relocation, provide incentives, and protect workers' rights.
Legislation cited
- Air (Prevention and Control of Pollution) Act, 1981
- Constitution of Indias. Art.21, s. Art.47, s. Art.48A, s. Art.51A(g)
- Environmental Protection Act, 1986
- Industrial Disputes Act, 1947s. Sec.25cB, s. Sec.25-F(b)
- Water (Prevention and Control of Pollution) Act, 1974
Subjects
environmental lawpublic interest litigationprecautionary principlepolluter pays principlesustainable developmentair pollutionTaj Mahalindustrial relocationnatural gasenvironmental protection actheritage conservation
Judgment
~
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
TTZ-Held, the 'onus of proof was on industry to show its operation with D
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-:According-
ly, 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 protect-
ing 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
pollution created as a consequence of development must commensurate
D 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
TTZ has to be eliminated at any cost. Not even one percent chance can be
E
taken when • human life apart • the preservation of a prestigious mono-
ment 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
SC 375, relied on.
G
,,.___
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
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
A
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 in-
dustrial-fuel. The industries which are not in a position to obtain gas
B
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:-
"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."
B
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."
c
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
D 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."
E 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 or-
ganisation 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 :-
"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
G domed tombs set in a garden. The environment of Agra is today
beset with problems relating to the inadequacy of its urban in-
frastructure for transportation, water and electricity. The densest
pollution near the Taj mahal is caused by residential fuel combus-
tion, diesel trains and buses, and back-up generators. Construction
H 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 Environmen- F
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 con-
cerned, because of use of coal, contribution will be substantial.
Even though the total amount of emission of sulphur dioxide from H
978 SUPREME COURT REPORTS(1996) SUPP.10 S.CR.
A 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 recom-
mendations:-
B
"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
.c 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 Fer-
tilizer & Petrochemicals. Such industries which are' likely to cause
environmental pollution may not be located in the neighborhood
D 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. Loca-
tion should be so chosen as to .exclude any increase in environ-
mental pollution in the area. ....... The Committee wishes to record
E 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
F 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
•
G
implemented with utmost speed.........The Committee also recom-
mends 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 ob-
[
tained from IOC that adequate precautions woUld be taken to
H 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
Delhi, published a report (Control of Urban Pollution Series CUPS/7/1981-
B
82) 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 in-
dustrial 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 contribu-
tions 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
fired steam engines by diesel engines in the two railway marshalling G
..... ~
1
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
980 SUPREME COURT REPORTS(1996) SUPP. 10 S.C.R.
A Relevant part of ~e report is as under:-
"The sources of pollution, including small and medium scale in-
dustrial units, are scattered all around Taj Mahal. High air pollu-
tion load is thus pumped into the Taj air-shed. Sudden rises in
concentration level are often recorded in all directions in gaseous
B 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
c 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
D 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".
This Court on January 8, 1993 passed the following order:-
•
G 'We have heard Mr. M.C. Mehta, the petitioner in person. Ac-
cording 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, en-
gineering, chemical industry, brick refractory and vehicles. He
H 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 in-
dustries in that region to satisfy the Board that necessary anti-pol-
1ution 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
H
982 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 :
"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
D
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
E 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
F 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."
G
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
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
984 SUPREME COURTREPORTS(1996] SUPP.10 S.C.R.
A 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.
B Ambient air around Taj Mahal is polluted primarily from point/line
sources and has adverse impacts on building material by alterna-
tion 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 par-
c ticles) are relatively high during winter months due to the frequent
inversion conditions restricting vertical dispersion. During mon-
soon 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:
"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
E
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
F 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 :
G "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
H 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 stand-
ards. 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 SUPREME COURT REPORTS[l996) SUPP. 10 S.C.R.
A 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
B 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,
c 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
D 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 Govern-
E 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
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
G 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
H 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 Cor-
poration 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
they might have to ultimately supply to the industries within the D
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 Chair-
man 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.
State Industrial Corporation Limited. The Corporation has filed
B 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
area or allotment of land to various industries,it is necessary to
D know the exact number of air polluting industries which are operat-
ing 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 1
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
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 apprecia-
tion for having responded to our request.
B
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
c
while examining the question of relocating the industries, passed the fol-
lowing order :-
"....... 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 (Taj-
Trapezium) 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
We are of the view that it would be in the interest of justice to
have another investigation/report from a reputed technical/En-
gineering authority. Ministry of Environment and Forests, Govern-
ment of India may examine this aspect and apppint an expert
authority (from India or abroad) to undertake the survey of the
E 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
F 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. A responsible
Officer of the Ministry shall file an affidavit in this Court within
two weeks indicating the progress made by the Ministry in this
respect. Registry to send copy of the above quoted order to the
G Secretary, Ministry of Environment and Forests and also to Mr.
Kamal Nath, personally, within three days from today." ·
Pursuant to above quoted order, the Government of India, Ministry of
Environment and Forests, by the order dated May 18, 1994 appointed an
H expert committee under. the chairmanship of Dr. S. Varadharajan.
M.C. MEHTA v. U.0.1. [KULDIP SINGH, J.) 991
Meanwhile the Indian Oil Corporation placed on record its report A
on the feasibility s~udy regarding the use of safe alternate fuel by the
Mathura Refinery. The report suggested the use of natural gas as the most
optimum fuel. Once the natural gas is brought to Mathura there would be
no difficulty in providing the same to the other industries in TTZ and
outside TTZ. This Court on August 5, 1994 passed the following order :-
B
"Pursuant to this Court's order dated 31.3.1994 the Indian oil
Corporation has placed on record the final report on the feasibility
study for using alternate fuel at Mathura Refinery. In the beginning
of the Report summary along with Indian Oil Corporation's ex-
perience on the subject is given. The conclusion of the summary C
is as under :-
"Out of the various alternate fuels (viz. Natural Gas, Propane,
LPG & Nephtha) studied for use in process fired heaters and
boilers in Mathura Refinery, Natural Gas is the most op-
timum fuel in view of wide international experience, safety & D
minimum implementation time frame. Other alternate fuels.
Propane, LPG & Nephtha are valuable saleable products and
therefore scarcely used in the world as a fuel for process fired
heaters. Liquid naphtha forms vapour clouds from possible
leakages nom burner flanges-on-underside of fired heater. In E
view· of this, it may not be prudent to recommeria--use of
Naphtha in large size heaters (e.g. A VU furnaces) & boilers
of Mathura Refinery with air preheaters."
The feasibility study report specifically suggests that natural gas
is the most economical and appropriate alternate-fuel for the F
Mathura Refinery. The question for consideration, is : By what
method/route the natural gas is to reach Mathura and made
available to the Refinery at Agra. The summary of the report in
para 4.4. in this respect states as under :-
"A new loop line of 36 inch diameter from Bijaipur to Dadri G
is being laid by Gas Authority of India Limited (GAIL)
under the Gas Rehabilitation and expansion Project and is
scheduled to be commissioned by June 1996. Supply of
Natural Gas to Mathura Refinery will require laying a new
10 inch diameter 13 km long branch line tapped off from the H
992 SUPREME COURT REPORTS(1996) SUPP.10 S.C.R.
A above expansion project at Shahpur. The proposed branch
line to Mathura Refinery can be completed within the time
schedule of commissioning the new loop line as above."
Mr. M.C. Mehta, the petitioner in-person herein has, however,
suggested that instead of laying the pipe line from Bijapur to Dadri
B .via Mathura, ·it would be economical and time saving exercise to
lay down the lines from Auria or Babrala to Mathura. According
to him, this would be in conformity to the Report *eady submitted
by NEERI in this respect. He has further submitted that if the
pipe-line is drawn from Auria, it would also serve the industries
c ' at Ferozabad and Agra. Learned counsel for the Indian Oil Cor-
poration states that he would place the suggestion before the
experts of the Corporation and assist this Court on 8.8.1994. He
may do so. Learned counsel for the Corporation may also ask a
responsible officer, who can explain the whole situation to the
Colirt, to be present in Court on 8.8.1994 at 2.00 p.m."
D
The matter came up for further consideration on August 8, 1994 when this
Court passed the following order:-
"Mr. B.B. Chakravarty, General Manager, Safety and Environment
Protection, Indian Oil Corporation, is present before us. Accord-
E ing to him the pipe line suggested by Mr. M.C. Mehta (from Auria
to Mathura or from Babrala to Mathura) is not feasible. According
. to him the scheme of laying down the pipe line from Bijapur to
o~ciri""vi~· Mathura has already been sanctioned and is being
implement'eCI. He further states that apart from supplying gas to
F Dadri, the line when laid down, shall also be in a position to carry
the supplies required for the Mathura Refinery.
In the final report dated July U, 1994, submitted by the Indian
Oil Corporation it has been stated that the new pipe line of 36"
diameter from Babrala to Dadri is being laid under the Gas
G Rehabilitation and Expansion Project and is scheduled to b~
commissioned by June, 1996. It is further stated that a new 10"
diameter 13 K.M. long branch line tapped off from the above
expansion project would also be completed within the above time
schedule. We direct the Gas Authority oflndia to file an affidavit
H through some responsible officer, within two weeks from the
M.C.MEHTAv. U.0.1.(KULDIPSING~,J.) 993
receipt of this order, showing the progress made till date in the A
project of laying down the pipe-line from Babrala to Dadri. The
affidavit shall also state as to whether it is posstble to prepone the
date of commissioning of the project from June, 1996 to December,
1995:
Copy of the order be sent to Gas Authority of India and the ·B
IntL..ilrii Oil Corporation."
-Pursuant to this Court's order dated October 21, 1994 the GAIL filed an
' . affidavit indicating the progress regarding the laying of pipe-line for the.
supply of natural gas to Mathura Refinery and the industries in the TIZ. C
Itis stated in the affidavit that all efforts were beiiig made to complete the
project by De.;:ember, 1996.
Vardharajan committee submitted its report regarding preservation
of Taj Mahal and Agra monuments in two vohimes. After hearing learned
counsel for the parties, this Court on August 3, 1995 passed the following D
order:-
"Vardharajan Committee appointed by the Ministry of Environ-
ment and Forests, Government of India has submitted its report
regarding preservation of Taj Mahal and Agra Monuments in two
volumes. Mr. M.C. Mehta and Mr. Krishan mahajan have taken E
us through some parts of the report. There are now two major
reports on the subject. There is a NEERI report to which we have
referred to in our various orders from tirne to time. NEERI report
was submitted sometime in July 1993. In its report, NEERI sug-
gested that in order to preserve Taj it is necessary to re-locate F
various industries located in Taj Trapezium. The Vardharajan
Committee Report now received also suggests the re-location of
the industries situated in Taj Trapezium. The Vardharajan Com-
mittee has also given various other useful suggestions for improving
the atmospheric environmental quality around Taj and also for
preservation of Taj Mahal. It is the primary duty of the ·Govern- G
ment of India, Ministry of Environment and Forests to safeguard
Taj Mahal from getting deteriorated. We direct the Ministry
through Secretary, Ministry of Environment and Forests to ex-
amine the NEERI report and also the Vardharajan Report and
indicate in positive terms the measures which the Ministry is H
994 SUPREME COURT REPORTS[l996] SUPP.10 S.C.R.
A intending to take to preserve the Taj Mahal.
We are further prima facie of the view that in view of the two
reports (NEERI & Vardharajan), the polluting industries in Taj
Trapezium shall have to be re-located. It cannot be done without
there being positive assistance from the Ministry of Environment· ..
B & Forests, Government of India and the State of Uttar Pradesh.
We direct these two authorities to come out with re-allocation
scheme so that all the polluting industries situated in Taj
Trapezium are shifted to the new place in a phased manner.
Keeping in view the importance and urgency of the matter we
c request Mr. Kamal Nath, the Minister of Environment and Forests
to personally look into the matter and have the response of the
Ministry and the re-allocation scheme prepared within four weeks
from the receipt of this order.
An affidavit of the Secretary, Ministry of Environment &
,D Forests shall be filed in this Court within a period of four weeks."
Pursuant to the above quoted order, Additional Secretary in the National
River Conservation Directorate, Ministry of Environment and Forests,
New Delhi filed an affidavit before this Court. After examining the af-
E fidavit, this Court passed the following order :-
"Pursuant to the above quoted order an affidavit dated 3.8.95 has
been filed by Shri Vishwanath Anand, Additional Secretary in the
National River Conservation Directorate, Ministry of Environment
and Forests, New Delhi. Various aspects have been dealt with in
F the said affidavit. So far the question of re-location of the industries
from Taj Trapezium is concerned no positive stand has been
indicated by the Ministry of Environment, Government of India.
As indicated by us in our order quoted above two expert reports
are before the Government of India. 'NEERI' gave its report as
back as July, 1993 and Varadharajan Committee Report was sub-
G mitted to the Government in April, 1995. Although this Court was
prima facie of the view that the polluting industries in Taj
Trapezium would have to be re-located but this Court finally left
it to the Ministry of Environment and Forest to examine the two
reports and give its response to this Court. We personally re-
H quested Mr. Kamal Nath the then Minister of Environment and
M.C. MEIITA v. U.0.1. [KULDIP SINGH, J.) 995
Forests to examine the matter and have the scheme for re-locatio:q A
of industries from Taj Trapezium framed within the time indicated
by this Court. Nothing positive has come before us. We have today
discussed this aspect at length with the learned Solicitor General
Mr. Dipankar -Gupta. Once again we request Mr. Rajesh Pilot,·
Minister of Environment and Forests, Government of India to have B
the two reports examined expeditiously. It is of utmost importance
that the pollution in the Taj Trapezium be controlled. We want
positive response from the Ministry."
There being no helpful response from the Government of India, we
finally heard the matter at length for several days and are disposing of the . C•
issues raised before us by this judgment.
This Court on March 14, 1996 directed the GAIL, Indian Oil Cor-
poration and the UP State Industrial Development Corporation to indicate
the industrial areas outside the TTZ which would be connected with the D
. gas supply net-work. The order passed was as under :
"Mr. Reddy, the learned Additional Solicitor General after con-
sulting Mr. C.P. Jain, the Chief ~vironmental Manager, New
.. Delhi has stated that mechanical process for bringing gas near
Mathura Refinery shall be completed by December, 19%. He E
further stated that the commissioning would be done by January,
1997. We have on record the undertaking of the Gas Authority of
India that while the pipe line is being constructed the branch pipe
. line for supplying gas to Mathura Refinery and to the industries
shall also be completed side by side. We direct the Gas Authority F
of India, Indian Oil Corporation and the U.P. State Industrial
Development Corporation to file an affidavit in this Court within
two weeks of the receipt of this order indicating as to which of the
industrial areas outside the Taj Trapezium would be connected
with the gas supply net work. We may mention that the PSCDC
has already filed affidavit in this Court indicating various industrial G
Estates which can be developed outside the Taj Trapezium."
Pursuant to the above quoted order of this Court, the General Manager,
GAIL filed affidavit dated April 2, 1996. After examining the contents of
the affidavit, this Court on April 10, 1996 passed the following order :- H
\
996 SUPREME COURT REPORTS[l996J SUPP. 10 S.C.R.
A "Pursuant to this Court's order dated March 14, 1996 Mr. P.C.
Gupta, General Manager (Civil), Gas Authority of India has filed
affidaVit dated April 2, 1996. It is stated in the affidavit that the
Ministry of Petroleum and I'tatural Gas has already allocated 0.60
MMSCMD for distribution to the industrial units in Agra and
Ferozabad. It is stated that as per th~ time schedule already filed
B
in this Court, the two pipe lines shall be completed by December,
1996. It is further stated that the quantity of gas as mentioned
above is only for the purposes of supplying the same to the
industries located within the Taj Trapezium. We have no doubt ... '
that while laying down the supply line within the city of Agra, the
c safety of Taj and also the people living in the city of Agra shall
have to be taken into consideration. We are told that expertise in
this respect is available with the GAIL. If necessary, the opinion
of NEERI, which has been associated by this Court in Taj
Trapezium matters, can also be obtained by the GAIL.
D
We have already heard arguments regarding relocation of in-
dustries from Taj Trapezium. Some of the industries which are not ·--
in a position to get gas connections or which are otherwise pollut-
ing may have to be relocated outside Taj Trapezium. Th~ GAIL
may also examine whether in the event of availability of more
E quantity of gas, the same can be supplied to the industries outside
the Taj Trapezium which are located in the vicinity from where
the gas pipe is passing:
Mr. Gupta has further stated that for the purposes of laying
F distribution network within the Taj Trapezium, GAIL is estab-
lishing a joint venture Company. However, pending formation of
the joint venture Company, the required functions are being per-
formed by GAIL. it is stated that GAIL had advertised compara-
tive prices and heat equivalent of various fuels in the newspapers
circulated in Agra and Ferozabad to enable the industries, who
G are prospective consumers of gas evaluate to the economics of
conversion to gas. So far 214 parties from Agra and 364 parties
from Ferozabad have responded. According to the affidavit these
responses are being processed. Mr. Reddy, on our asking, states
that he would have the niatter examined and file an affidavit in
H this Court within two weeks indicating the time frame regarding
M.C. MEHTAv. U.0.1. [KULDIP SINGH, J.]
the laying of distribution net work within the Taj Trapezium. Mr. A
Reddy further _states that some land. shall have to be required for
the purposes of constructing city Gate Stations at Agra and
Ferozabad. He states that the cooperation of the U .P. Government
is required for acquiring the land. We direct the Collector, Agra
as well as Collector, Ferozabad to render all assistance to GAIL B
in acquiring land for setting up the two stations for the public
purposes."
f This Court on September 12, 1996 passed the following order regarding
the safety measures to be taken during the construction and operation
of the gas net-work in the Taj Trapezium. The Court also recorded the C
undertaking by learned counsel for the industries that the industries in
TTZ .are taking steps to approach the Gas Authority of Iiidia for gas
connections :
"Pursuant to this Court's order dated April 10, 1996 and sub-
sequent order dated May 10, 1996, Mr. P.C. Gupta, General D
Manager, Gas Authority of India has filed an affidavit. It is stated
in the affidavit that necessary directions in the pipe-line design
corrosion protection, protection during construction and during
operations have ·been taken by the Gas Authority of India. It is for··
the Central Pollution Control Board or the State Pollution Control E
Board concerned to examine the legal position and do the needfu~
if anything is to be done under law'. Mr. Gupta, in para 5, has
further stated as under :
"However, in its endeavour GAIL Ii.is not received sufficient
response from the industrialists in the City of Agra, where prospec- F
tive industrial consumers of gas have not yet worked out how to
convert the cupole furnaces to gas fired ones. Hence, GAIL
apprehends that after it has undertaken provisioning such an
expensive infrastructure exercise, it may not have enough con-
sumers for the gas supplies in Agra at least during the near future G
of commencement of the supply. This Hon'ble Court may there-
fore, direct the prospective consumers to inform this Hon'ble
Court of their willingness to convt-rt to gas."
Mr. Sibal and Mr. Parekh, learned counsel appearing for most
of the. industries have informed us that the industries are taking H
998 SUPREME COURT REPORTS(l996) SUPP. 10 S.C.R.
;
A steps to approach the GAIL for gas connection. Mr. parekh further
states that most of them have already done it. This is a matter •
between the industries and GAIL. It is for their benefits that the
industries should approach the GAIL for gas connection." r
The NEERI submitted a Technical Report dated March 7, 1994
B pertaining to "Issues Associated with Fuel Supply Alternatives for In-
dustries in Agra-Mathura Region". Paras 2.4.1.and para 3 of the Report
are as under:-
"2.4 Safety Requirements
c 2.4.1. NG : The use of NG involves the defining of No Gas Zone
for safe distribution. The new sites in Agra and Firozabad in-
dustries being identified by the Government of Uttar Pradesh shall
minimise this hazard as the industrial estates shall be suitably
designed for NG distribution.
D
The new industrial sites should preferably be out of the Taj
Trapezium. The incentives for industries to shift to new industrial
estates need to be established to ensure speedy implementation.
:x:xxxx :x:xxxx :x:xxxx
E
3.0 Summary
The various issues raised in this report pertaining to the fuel
supply alternatives to the industries in Agra-Firozabad region and
the Mathura Refinery, can be summarized as :
F
- Need for relocation of industries.
~ Availability of cleaner fuel (present and future)
- Environmental benefits from alternate fuels
G
- Safety considerations
The recommendations are summarized hereunder :
- Shifting of small-scale· polluting industries outside the Taj
H Trapezium on industrial estate sites to be identified by the Govern-
M.C. MEHTAv. U.0.1. [KULDIP SINGH, J.) 9'J9
ment of Uttar Pradesh; A
- Provision of natural gas to the industries in Agra- Mathura region
-· and Mathura Refinery."
:-- "{l . Mr. M.C. Mehtci, Mr. Kapil Sibal and other learned counselrepre-
senting the Agra-industries took us through the April 1995 Varadharajan B
Committee Report. Relevant paragraphs of the Report are reproduced
_,. hereunder :-
,,
' ' "4.... The Expert Committee's recommendation that 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 c
the Taj Mahal, has been enforced. However, efforts to relocate
existing small industries, particularly the foundries, in an area
south-east of Agra beyond the Taj Mahal, have not been success-
ful."
D
~
The Report clearly shows that the level of Suspended Particulate
Matters (SPM) in the Taj Mahal area is high. The. relevant part of the
Report in this respect is as under :-
"S.P.M. (Period 1981-1993)
E
i. The level of SPM at Taj Mahal is generally quite high, the
monthly mean values being above 200 micrograms/cubic metre for
all the months during 1981-1985 except for the monsoon months.
ii. There is an increasing trend in the monthly mean SPM con-
centrations from about 380 micrograms/cubic metre to 620 F
micrograms/cubic metre during the period 1987-1991, and the
trend reverses thereafter till 1993. There is a decrease in monthly
mean SPM levels from 620 micrograms/cubic metre in 1991 to
about 425 micrograms/cubic metre in 1993."
G
- Para 71 of the Report deals with the consumption of coal in the Agra
areas. The relevant part is as under :-
"...... These do cause pollution of the atmosphere. Industries in
Agra are situated north west, north and north east of The Taj
Mahal, several nf them being located across the river. These are H
..
1000. SUPREME COURT REPORTS(1996) SUPP.10 S.C.R.
A the major sources ofconcem as they are not far away, and much
of the time winds blow from their location towards Taj Mahal."
Para 78 relating to the use of natural gas is as under :-
"...... Natural gas distribution to industries in existing locations in
B Agra would need installation of pipelines and meters. Thi&.may be
expensive and in addition not ensure safety, as accidental leakage .
in pipeline network may lead to explosions and fires. It may
however be possible to use LPG or HSD with suitable precaut.ions,
· after careful review."
c Relevant part of para 79 is as under :~
"...... NEERI Report dated March 7, 1994 on Fuel Supply alterna-
tives (Annexure) suggests Natural Gas can be considered for use
only in new industrial sites."
D
The industries in Agra have been dealt in paras 92, 93, 95 and 96
which are as under :-
"92. Industries in Agra and Ferozabad have been asked to instal
APCD to reduce essentially SPM level in air emissions. UPPCB
E has the authority to monitor their performance to meet standards
outlined for different industries by CPCB, noting their capacities.
These regulations should be fully enforced. NEERI has suggested .
suitable sites in Agra and Ferozabad could be identified and
developed as industrial estates with facilities, separated from
F residential area. If such sites are developed, natural gas supply in
the industrial estate would be possible with safety, and the in-
dustrial units could be shifted.
93.........There is need for a single authority in such estates to
coordinate all maintenance and repair work on electrical supply,
G telecommunications, water, sewage, drains, roads and construc-
tion. Any industrial estate in Agra with natural gas will have to be
located at a substantial distance from monuments to ensure full
safety.
H xxxxx xxxxx xxxxx
M.C. MEHTAv. U.0.1. [KULDIP SINGH, J.] 1001
95. When industrial units are relocated, it would be appropriate A
to modernise technology equipment and buildings. Most of the
units will need very substantial financial assistance. The value of
the present sites and their future use have to be determined. It
would not be desirable to promote residential colonies and com-
mercial establishments in such vacated. areas as they may in turn B
add to the problems of water supply and atmospheric quality by
excessive use of energy. Major changes of this nature would need
a dear development planning strategy and resources, and will also
take several years for implementation.
96. There is urgent need for quicker n;ieasures which could lead C
to better environment, especially in the Taj Ml!hal. For this pur-
pose, it is necessary to effect overall reduction in coal/coke con-
sumption by industries and others in Agra and in Taj Trapezium
Zone generally. The present level of consumption of 129 metric
tonne per day by industry can be substantially reduced by new D
technology and by use of LPG and HSD of low sulphur. Stricter
standards for emissions may be evolved when such technological
and fuel changes are effected. Support for development of
modifications in design and operation and. demonstration should
be provided. Some assistance to industries for adoption of these
may be considered after careful examination of the costs and E
benefits to the ind•1Stry and to society. All those industries not
responding for action for feasible changes and contributing dis-
proportionately to atmospheric pollution have to face action."
The Taj being a monument on the World Heritage List, the Govern- F
ment ofindia sought the expert advice through UNESCO on the structural
and chemical preservation aspects of the monument. Accordingly, two
experts, namely, Dr. Mentrizio Marbeilli and Dr. M. Larze Tabasso visited .
The Taj Mahal between January 17-30 1987to study the problems pertain-
ing to the conservation of marble and sand stones in The Taj and recom- G
mended remedial measures. According to them, the yellowishness of the
marble is due to (a) SPM .and (b) dust fall impinging on the surface.
Opinions of the Archaeological Survey of India and other scientists an-
nexed to the Varadharajan Report unanimously say that the yellow shadow
of the marble on different parts of The Taj including four minarets is
mainly due to SPM and the dust fall impinging on the surface.· The H
1002 SUPREME COURT REPORTS[1996] SUPP. 10 S.C.R.
A comments of the Archaeological Survey of India as noticed in Varad-
harajan Report are as under :- , ~
!
"On the structural side, The Taj Mahal is in a sound state of
preservation l!lld the studies conducted so far also confirm the
'same. The only threat to the Taj Mahal is from the environmental
B pollution.
The Science wing of the ASI is continuously monitoring the
level of suspended particulate matter, sulphur dioxide concentra-
tion and sulphation rate. The Studies made in this regard shows
c that suspended particulate matter level has been found to be higher
than the maximum permissible level 100 kg/m3. This has imparted
·a yellowish appearance on the surface of the Taj Mahal."
After careful examination of the two Varadharajan Reports (1978
and 1995) and the various NEER! reports placed on record, we are of the
D view that there is no contradiction between the two sets of reports. In the
1978 Report, Varadharajan found substantial level of air pollution because
of sulphur dioxide and SPM in the Agra region. The source, according to
the report, was the coal- users including approximately 250 small industries
mainly foundries. The excess of SPM was because of the use of coal. The ·
E Report specifically recommended in para 5.4 for the relocation of the
existing small industries particularly the foundries. The 1995 Varadharajan
Report clearly shows that the standard of atmospheric pollution is much
higher than the 1981-85 period which according to the Report is also
because of heavy traffic and operation of generating sets. NEERI reports
have clearly recommended the relocation of the industries from the TIZ.
F
This Court on April 11, 1994, passed the following order :-
"....... We are of the view that the shifting of the industries from
the Taj Trapezium has to be made in a phased manner. NEERl's
report indicates that the maximum pollution to the ambient air
G around Taj Mahal is caused by the industries located in Agra.
We, therefore, as a first phase, take up the industries situated
in.Agra for the purposes of the proposed shifting outside Taj
Trapezium.......
H xxxxx xxxxx xxxxx
M.C. MEHTAv. U.O.I. [KULDIP SINGH, J.) 1003
We, therefore, direct the U.P. State Pollution Control Board A
to issue Public Notices in the two national English Daily
newspapers and also two vernacular newspapers for three consecu-
tive days indicating that the Supreme Court of India is processing
the proposal for shifting of the air polluting industries such as
Foundries, Pit Furnaces, Rubber Sole, Chemical, Refactory Brick, B
Engineering and Lime Processing from Agra to outside Taj
Trapezium at a suitable place to be selected after hearing the
parties including the industry owners. The individual industries
shall be asked to supply the following information :
1. Name, Registration Number, Location and the ownership/status C
of the industry.
2. Total land/including built up area which is at present under the
possession of the industry.
3. Nature/quantum of the fuel which is being used. D
4. Number of the workers/other staff employed
5. Total Capital investment/turnover of the industry.
· 6. Extent of the land required by the industry in the new industrial E
area outside the Taj Trapezium.
7. The product of the industry and the raw material used for such
production.
8. The nature/extent of the alteynate safe fuel, if required. p
9. Financial assistance in the shape of loan etc., if required, and
to what extent.
Apart from Public Notice, individual Notices to all the in-
.dustries which are situated in Agra shall also be served by the U.P. G
State Pollutio11 Control BoMd, to the air pollution industries. We
further direct the Union of India to have a gist of the above Public
Notice announced on local television as well as on local Radio in
Agra/Mathura for three consecutive days.
The publication of the Notice in the National Newspapers shall_ H
1004 SUPREME COURTREPORTS[1996] SUPP.10 $.C.R.
A be got done by the U.P. Pollution Control Board on April 29-30,
1994 and May 1,1994. Thereafter,the Notices shall be got.publish-
ed in the local newspapers on May 6, 7 and 8, 1994. The individual
•
· notices shall be served on the industries before May 8, 1994. The
Union of India shall also have the notice broadcast as directed by
us between May 1 and May 10, 1994. Mr. N.N. Goswamy, learned
B senior counsel fairly states that he will prepare the gist of the notice
and send it to the Government of India
The chronology of the orders quoted by us in this judgment shows
· that this Court took cognizance of this matter in January 1993. There are '
c four NEERI reports, two Varadharajan reports and several 'report$ by the
Board. After examining all the reports and taking into consideration other
material on the record, we have no hesitation in holding that the industries
in TTZ are active contributors to the air pollution in the said area. NEERI
and Varadharajan (1978) reports have specifically recommended the
relocation of industries from the TTZ. Although the Board has placed on
D record list of 510 industries which are responsible for air pollution but in
view of our order dated April 11, 1994 (quoted above), we are confining
this order only to 292 industries located and operating in Agra. These
industries are listed hereunder :
FOUNDRIES (DISTRICTAGRA)
E
1. Mis Guiab Rai Chottey Lal
21/16, Freeganj
Agra.
2. Mis Guiab Rai Chottey Lal
F
27/65, Pathwari
Agra.·
3. M/s Krishna Iron Foundry
Freeganj
G Agra.
4. M/s B.C. Iron Foundry
Sultanganj
Agra.
·I H 5. Mis Kajeco Industries
·'
M.C. MEHTA v. U.0.1. [KULDIP SINGH, J.) 1005
Sultanganj A
Agra.
6. Mis National Iron Foundry
Moti Lal Nehru Road
Agra,
B
7. . Mis Raj Pattern makers & Founders
Moti Lal Nehru Road
Agra.
"
8. Mis Miraz Iron Foundry
1290, Bhairon Bazar c
Agra.
9. Mis Mudgal Iron Foundry
116, Pathwari
Agra. D
10. Mis Prabhat Iron Foundry
Freeganj Road
.Agra.
11. Mis Raghav Engg. Company · E
21/60, Frecganj
Agra.
12. Mis Raj Iron Foundry(Unit-I)
2611, Sultanganj .
Agra. F
13. Mis Agrawal Tin Mfg. Co.
Sultanganj
Agra.
G
14. Mis Moti lal Agrawal & Co.
.... 21/33, Freeganj
Agra.
15. Mis Anil Metal Ind.
(Foundry Division) H
1006 SUPREME COURT REPORTS[l996] SUPP.10 S.C.R.,
A Bichpuri Road, Amarpura
Agra.
16. Mis Shree Durga Laxini Iron Foundry
Langre Ki Chowki
Agra.
B
17. Mis S.S. & Iron Foundry
Jeoni Mandi
Agra. ....
18. Mis Randhir Chand Khoob Chand Iron Foundry
c Masta Ki Bagichi
Langre Ki Chowki
Agra.
19. Mis Shree Ram Metal Ind.
D 31/24 D, Langre Ki Chowki
Agra.
20. Mis Indian Iron Ind.
Langre Ki Chowki
Agra.
E
21. Mis Suresh Iron Foundary & Engg. Works
Langre Ki Chowki
Agra.
22. Mis Suresh Industries
F Bye Pass Road, Near Water Works
Agra.
23. M/s Mahajan Iron Foundary
Transport Nagar
G Agra.'
24. Mis Taj Iron Foundary .,,
Aboolala Dargah
New Agra.
H 25. Mis Himalaya Ind.
M.C. MEHTA v. U.O.I. [KULDIP SINGH, J.] 1007
• Transport Nagar A
Agra.
26. Mis Laxmi Metal Ind.
Indira Mill Compound
Jeoni Mandi
Agra. B
27. Mis Shree Durga Bhagwati Industries & Iron Foundary
_,
langre Ki Chowki
Agra.
28. M/s India Casting Co. c
C-1, Balkeshwar Road
Agra.
29. Mis India Iron Foundary
Sultanganj D
Agra.
30. Shanker Iron Foundary
Balkeshwar
Agra.
E
31. Jagannath Dewan Chandra Jain
Freeganj
Agra.
32. . Agarwal Wire Ind.
C-30, Site A, Ind. Area F
Sikandara
Agra.
33. Super Chem. Ind.
D-1, Sector A, Ind. Area
G
.... Sikandara
Agra.
34. Uttam Lah Udyog
10 Km Stone
Mathura Road H
1008 SUPREME COURT REPORTS[l996) SUPP.10 S.C.R.
A Agra.·
35. Mahajan Ispat Udyog
'
Runukutta, Mathura Road
Agra.
B 36. G.M. Industries Corpn.
Kailash Road, Sikandara
Agra.
37. Satya Deep Udyog
Mathura Road
c Agra.
38. Arbaria Iron Foundary
Runukutta Mathura Road
Agra.
D
39. Allied Iron & Steel Works
Runukutta, Mathura Road
Agra.
40. smgii Industries
E Mathura Road, Artoni
Agra.
41. Kalyan Steel Products (P) Ltd.
Artoni, Mathura Road
Agra.
F
42. B.K. Steels
Artoni, Mathura Road
Agra.
43. Anand Industry
G
Artoni, Mathura Road
Agra. ...
44. Arbaria Steels
Artoni, Mathura Road
H Agra.
M.C.MEHTAv. U.O.I.(KULDIPSINGH,J.) 1009
45. Luthura Engineering A
15 Km., Artoni, Mathura Road
Agra.
46. Satya Ind. Corpn.
Unit-2, Rambagh
Agra. B
47. A.R. Iron Foundary
Rainbagh
Agra.
48. S.A. Iron Foundary
c
11/42, Rambagh
Agra.
49. S.K. Iron Foundary & Engg. Co., Unit-1
Rambagh D
Agra.
50. S.K. Iron Foundary & Engg. Co., Unit-2
Rambagh
Agra.
E
51. S.G. Industries
Rambagh
Agra.
52. Golden Engg. Corpn.
4/45, Rambagh F
Agra.
53. Paliwal Iron Foundary & Metal Works
Rambagh
Agra. G
.... 54. Jain Foundary & Engg. Works
Rambagh
Agra.
55. Castwel Foundary H
io10 SUPREME COURTREPORTS(1996] SUPP.10 S.C.R.
A Naraich, Hathras Road (
Agra.
56. Oswal Iron Foundary
Rambagh
Agra.
B
57. Ganga Engineers
Rambagh
Agra.
'
58. S.S. Iron Foundary
c 11/111, Rambagh
Agra.
59. Suraj Foundary
11/45, Rambagh
D Agra.
.
60. Dewan Chand Suraj Prakash Jain
11/43, Rambagh
Agra.
E 61. Parolia Engg. Works
11/47-C, Rambagh
Agra.
62. S.B. Iron Foundary
11/18-B, Rambagh
F Agra.
63. Reliable Industry
Rambagh
Agra.
G
64. Sarla & Co. .,,,
Rambagh
Agra.
65. Shree Ram Iron Foundary & Engg. Works
H 4248/2, Rambagh
M.C. MEHTAv. U.O.I. [KULDIP SINGH, J.] 1011
Agra. A
66. Jagdish Industrial Corpn.
Naraich, Hathras Road
Agra.
67. R.K. Engineers & Founders B
Hathras Road
Agra.
68. Goyal Iron & Steel Works
Naraich, Hathras Road
Agra. c
69. R.R. Iron Foundary
Rambagh
Agra.
D
70. Sharad Industries
Foundry Nagar
Hathras Road
Agt:a.
71. Kansai Iron Foundry E
11/48/6/C, Naraich
Hathras Road
Agra.
72. Goyal Metal Industries
Foundry Nagar, Hathras Rd. F
Agra.
73. Fatehchand Sehgal & Sons
Naraich, Hathras Road
Agra.
G
-""" 74. Adesh Kumar Jain
C-69, Foundry Nagar
Agra.
75. Deepak Chemical Works H
lOU SUPREME COURT REPORTS[1996] SUPP. 10 S.C.R.
A llB/103, Naraich Hathras Road
Agra.
76. Devki Nandan
llB/103, Naraich
Hathras Road
B Agra.
77. Prakash Iron Foundary
Hathras Road
Agra.
c 78. Ravi Agricultural Ind.
Hathras Road
Agra.
79. V.K. Enterprises
D C-48, Foundry Nagar
Agra.
80. Manik Chand Garg & Co.
C-50, Foundry Nagar
Agra.
E
81. Bombay Engg. & Moulding Works
3994, Nagla Kishanlal
Hathras Road
Agra.
F
82. Gopal Iron Foundary
D-38, Foundry Nagar
Agra.
83. Sterling Machine Tools
G C-38, Foundary Nagar
Agra.
..,. _
84. Bharat Ind. Unit-2
B-12, Foundry Nagar
H Agra.
M.C.MEHTA11. U.0.1.[KULDIPSINGH,J.] 1013
~,
85. Kajeco Industries Unit-2 A
B-9/10, Foundry Nagar
Agra.
86. Devi Enterprises
Hathras Road
Agra. B
87. Techno Industries
2919, Nariach
Hathras Road
Agra.
c
88. Goyal Iron & Steel Works
(India) Nagla Kishanlal
Hathras Road
Agra.
D
89. G.C. Industries
Naraich, Hathras Road
Agra.
90. KJ. Industries
B-5, Foundry Nagar E
Agra.
91. Bajrang Iron Foundry
B-4, Foundry Nagar
Agra.
' F
92. Agra Loh Udyog
1167, Foundry Nagar
Agra.
93. Singhal Industries
B-2, Foundry Nagar
G
- ._., Agra.
94. Raj Iron Foundry Unit-II
B-3, Foundry Nagar
Agra. H
1014 SUPREME COURT REPORTS(1996] SUPP.10 S.C.R.
A 95. Agrico Enterprises
E-60/E-61, Foundry Nagar ~
Agra.
96. Tantan Auto Industry '
E-72, Foundry Nagar
B Agra.
97. Naresh Iron Foundry
D-62, Foundry Nagar
Agra.
c 98. A.B. Auto Works (P) Ltd.
C-32, Foundry Nagar
Agra.
99. Shri Ram Engg. Works
D D-19, Foundry Nagar
Agra.
100. Britania Engg. Co.
C-31, F9undry Nagar
Agra.
E
101. Expert Founders & Engg.
C-29, Foundry Nagar
Agra.
102. Basal Casting Co.
F D-17, Foundry Nagar
Agra.
103. Maharaja Agrasen Iron Foundry
D-15, Foundry Nagar
G Agra.
104. Ajanta Industries .,,,_
D-20, Foundry Nagar
Agra.
H 105. Accurate Ferro Castings
1016 SUPREME COURT REl'ORTS(l996] SUPP. 10 S.C.R.
A Agra.
~
116. Shyam Metal Industries
E-3, Foundry Nagar
Agra.
B li7. Narayan Brothers Factory
E-3, Fowidry Nagar
Agra.
118. Shaktiman Industries
E-25, Foundry Nagar
c Agra.
119. Jain Ambey Piston King Industry
E-14, Foundry Nagar
Agra.
D
120. Monark India
. ....
E-13/E-14, Foundry Nagar
Agra.
121. . Gopal Iron Foundry
E D-43, Foundry Nagar
Agra.
122. Natraj Iron Foundry
. E-18, Foundry Nagar
Agra.
F
123. Bhagwati Iron Foundry
D-2,Foundry.Nagar ·
Agra.
124. Chinar Foundry
G
E-1,2, Foundry Nagar
Agra. . ...
125. Modern Industries IIB
76A, Foundry Nagar
H Agra.·
M.C. MEHTA v. U.0.1. (KULDIP SINGH, J.] 1017
126. Devi Sahai Gopaldas A
~
Iron Foundry
C-15, Foundry Nagar
Agra.
127. Mittal Industries
C-18, Foundry Nagar B
Agra.
128. B.K. Castings
C-6, Foundry Nagar
Agra.
c
129. N.K. Iron Foundry
C-3,Foundry Nagar
Agra.
130. Metal Products D
C-33, Foundry Nagar
Agra.
131. Shanti Vrat & Sons
B-7, Foundry Nagar
Agra. E
132. Mr. Sushil Kr. Danoria
B-14/1, Foundry Nagar
Agra.
133. BSA Agricultural Ind. F
17/15, Nunhai Rd.
Nawalganj
Agra.
134. lndu Engg. & Textiles Ltd.
12/16A, Nawalganj G
Agra.
135. Vijay Iron Foundry
1250, Nawajganj
Agra. H
1018 SUPREME COURTREPORTS(1996) SUPP.10 S.C.R.
A 136. Kaushal Industries
~
Nawalganj
Agra.
137. Standard Pumps Nunhai
Agra.
B
138. Doneria Pvt. Ltd.
10/4, Hathras Road
Agra. . ...
c 139. Doneria Iron & Steels
11/28, Chini Ka Roza
Agra.
140. Ratan Industries (P) Ltd.
10/12, Kalra Wazir Khan
D Hathras Road ... _
Agra.
141. Bharat Iron & Steel Foundry
10/10, Katra Wazir Khan
Agra.
E
142. Shri Bankey Bihari Udyog
10/9, Katra Wazir Khan
Agra.
F 143. Balaji'Udyog
10/22
Katra Wazir Khan
Agra.
144. Nav Durga Dhalai
G 1014A, Datra Wazir Khan
Agra.
145. Ess Jay Steels (P) Ltd.
10/4A, Hathras Road
H Agra.
M.C. MEHTA v. U.O.I. [KULDIP SINGH, J.] 1019
;- 146. Girdharlal Thankurdas Agencies (P) Ltd. A
~ 11/38, Hathras Road
Agra.
147. Kumar Steel Udyog
11/24, Ching Ka Roja
Agra. B
148. G.T. Iron Industries
11/38, A-3, Hathras Road
149. Munnalal Mistri
11/124, Chini Ka Roza
c
Agra.
150. Metal Cast India
3-Ind. Estate, Nunhai
Agra. D
151. Mis Printing Machine Mfg. Co.
1, Ind. Estate, Nunhai
Agra.
152. M/s Amar Enterprises E
2, E.e., Nunhai
Agra.
153. Mis Northern India Tools Co.
" 62, I.e., Nunhai
Agra. F
154. M/s Meghdoot Pistons (P) Ltd.
6, I.E., Nunihai
Agra.
G
155. Mis Mehra Casting Works
32, I.e., Nunihai
Agra.
156. M/s Mahaveer Iron Foundry
12/15, Nawajganj H
1020 0 SUPREME COURT RE:eORTS[l996) SUPP.10 S.C.R.
A Agra. -;-
~
157. Mis Paras Foundry
68, I.E., Nunihai
Agra.
B 158. Mahaveer Iron Foundry
67, I.E., Nunihai
Agra.
...
159. Mis Maharshi Dayanand I~on Foundry
71, I.E., Nunihai
c Agra.
160. Mis Basant Industries
Nunihai
Agra.
D
161. Mis A.V. Engineering Works
160, I.E., Nunihai
Agra.
162. Mis Ess Bee iron Foundry
E 134, I.E., Nunihai
Agra
163. Mis Tracko International
56, I.E., Nunihai
Agra.
F
164. Mis Metafam Engg. Associate
19, I.E., Nunihai
Agra.
165. Mis Vinay Iron Foundry
G
75, I.E., Nunihai
Agra r
(
166. Mis Samta Trading Corpn.
136, I.E., Nunihai
H Agra.
M.C. MEIITAv. U.O.I. [KULDIP SINGH, J.] 1021
167. Mis Mahaveer Engg. Works A
• 82, I.E., Nunihai
Agra.
168. Mis Universal Steel Ind.
69, I.E., Nunihai
Agra. B
ENGINEERING
169. Anil Metal Industry
Bodla Road
Agra. c
170. Agra Engg. Industries
Artoni
Agra.
D
171. Profile Furnaces & Heat Treatment
_,
Kailash Road, Sikandara
Agra.
172. Aay Jay Udyog
B-6, Site B, Ind. Area E
Sikandara
Agra.
173. Krishi Seva Udyog
D-41, Foundry Nagar
Agra. F
174. Paragon Industries
D-7,Foundry Nagar
Agra.
175. Usha Martin Ind. Ltd.
G
'
--,. Nawaj Ganj
Agra.
176. Mercury Engg.
Chini Ka Roza H
1022 SUPREME COURT REPORTS[1996] SUPP. 10 S.C.R.
A Agra.
177. Shivam Industries
10/4A, Katra Wazir Khan.
Agra.
B 178. Donaria Industries
10/4A, Hathras Road
Agra.
179. Rahul Diesels (India) ....
Rambagh
c Agra.
180. K.J. Diesels (P) Ltd.
Naraich
Hathras Road
D Agra.
181. Prakash Agricultural Ind.
Foundry Nagar
Agra.
E 182. Anil Agricultural Ind.
B-25, Foundry Nagar
Agra.
183. Singhal Industries Corpn.
.C-49, Foundry Nagar
F Agra.
184. Gangotri Diesels (P) Ltd.
Hathras Road
Agra.
G
185. Shivas Industries
C-36, Foundry Nagar ..,.
Agra.
186. Olympic Diesels
H E-53, Foundry Nagar
M.C. MEHTAv. U.0.1. [KULDIP SINGH, J.] 1023
Agra. A
" 187. Shri Ram Diesels (India)
C-56, Foundry Nagar
Agra.
188. Minerva Diesel Eng. (P) Ltd. B
C-67, Foundry Nagar
Agra.
189. A.K. Enterprises
B-20, Foundry Nagar
Agra.
c
190. Kalyan Engg. Works
E-8, Foundry Nagar
Agra.
D
191. Chandra Metal Enterprises
E-24, Foundry Nagar
Agra.
192. Rajendra Industries
E-31, Foundry Nagar E
Agra.
i93. Bright Engg. Works
E-19, Foundry Nagar
Agra.
F
194. K.G. Electro Techniques
E-17, Foundry Nagar
Agra.
195. Satya Udyog Unit-2
G
C-11, Foundry Nagar
Agra.
196. Doneria Engg. Co.
C-5, Foundry Nagar
Agra. H
1024 SUPREME COURT REPORTS(1996) SUPP. 10 S.C.R.
A 197. Basant Ispat Udyog {P) Ud.
C-34, Foundry Nagar ~
Agra.
198. Atul Engg. Udyog
Nunhai
B Agra.
199. Atul Generation (P) Ud.
Nunhai
Agra.
c
200. Mohan Generators & Pumps
45, I.E., Nunhai
Agra.
201. Mis Steelco Ind.
D 54A, Industrial Estate
Nawalganj, Nunhai .._
Agra.
202. Mis Jay Sheet Mfty.
E Nawalganj, Nunhai
Agra.
203. Mis Automotive Products
73, I.E., Nunhai
Agra.
F
204. Mis S.G. Sundrani
I.E., Nunhai
Agra.
205. Mis Alfa Engg. Works
G 20 I.E., Nunhai
Agra.
.---
'
206. M/s Shyam Metal Works
21 I.E., Nunhai
H Agra.
M.C. MEHTA v. U.0.1. [KULDIP SINGH, J.] 1025
I
'
'lIJ7. M/s Jagdish Metal Works A
> 24, Nunhai
~
Agra.
'lIJ8. M/s Suchlam Engg. Works
165A I.E. Nunhai
Agra. B
'lIJ9. M/s Pawan Auto Ind.
I.E. Nunhai
Agra.
210. M/s Shaktiman Ind.
c
I.E., Nunhai
Agra.
211. Sandeep Autos
I.E., Nunhai D
Agra
212. M/s India Auto Rings
I.E., Nunhai
Agra.
E
213. Mis Vulcan Engg. Inds.,
Nunhai
Agra.
214. M/s Agra Steels Corpn.
I.E., Nunhai F
Agra.
CHEMICALS & OTHER INDUSTRIES
215. Mis Biological Evons Ltd.
G
Bichpuri Road
Agra.
216. M/s Wasan & Co., Bodla,
Bichpuri Road
Agra. H
1026 SUPREME COURT REPORTS[1996] SUPP.10 S.C.R'.
A 217. Mis Mahajan Tanners (P) Ltd.
Bichpuri Road ·~
Agra.
218. Mis Agra Tannery Le~,ther
Bichpuri Road
B Agra.
219. Mis C.R. Oil Mill
Motilal Nehru Road
Agra.
c
220. Mis Sharda Oil Mills
Moti Lal Nehru Road
Agra.
221. Mis B.P. Oil Mills (P) Ltd.
D Maithan
Agra.
222. Mis Mayur Kattha Industries
Chalesar
Agra.
E
223. Mis A.V. Paper Cones
Sikandara
Agra.
F 224. R.R. Chem. Industries
Kailash Road
Sikandara
Agra.
225. Agra Beverages Corpn. (P) Ltd.
G Mathura Road
Agra.
226. Arctic Drinks (P) Ltd.
12 Km, Mathura Road
. H. - Agra .
(
M.C. MEHTAv. U.0.1. [KULDIP SINGH, J.) 1027
227. Devyani Foods (P) Ltd. A
Mathura Road
Agra.
228. B .K. Enterprises
Mathura Road
Agra. B
229. R.M. Foods (P) Ltd.
Artoni, Mathura Road
Agra.
230. Park Leather Industries Ltd.
c
Runukutta, Mathura Road
Agra.
231. Hindustan Crushers & Fertilizers
Runukutta D
Agra.
232. General Mills Corpn.
Runukutta, Mathura Road
Agra.
E '
233. Amar Shikha Wood Product
Artoni, Mathura Road
Agra.
234. Amar Jyoti Industries
Artoni, Mathura Road F
Agra.
235. Sun Beverages (P)Ltd.
Artoni, Mathura Road
Agra. G
236. Taj Beverages (P) Ltd.
" Artoni, Mathura Road
Agra.
237. Pee Cee Soap Factory H
1028 SUPREME COURT REPORTS[1996) SUPP. 10 S.C.R.
A Artoni, Mathura Road
Agra.
238. Kanclla Flooring & Fabrics (P) Ltd.
A-1, Site A Ind. Area
Sikandara
B Agra.
239. Agra Roller Floor Mills
Artoni, Mathura Road
Agra.
c 240. R.K. Brothers
C-25, Site A Ind. Area
Sikandara
Agra.
D 241. Sun Ray Agrochem
Runukutta, Mathura Road
Agra.
242. ·Plywood Products
E 19.6 Km, Runukutta, Mathura Road
Agra.
243. Shreekshetria Gandhi Ashram
Runukutta
Agra.
F I
244. Shiraj Foods Unit-2
Runukutta, Mathura Road
Agra.
245. C.R. Foods India (P} Ltd.
G 1977/1, Runukutta, Mathura Road
Agra.
246. Ramjilal Harishchand
11/48-E, Rambagh, Hathras Road
H Agra.
M.C.MEHTAv. U.0.1.(KULDIPSINGH,J.) 1029
247. Agra Oil & General Industry A
Naraich, Hathras Road
Agra.
248. Bansal Marble Industries
Hathras Road
Agra. B
249. Sandeep Resin Industries
E-38, Foundry Nagar
Agra.
250. Anchor Wax Industry
c
C-26, Foundry Nagar
Agra.
251. Anil Paint Works
E-10, Foundry Nagar D
Agra.
252. Bee Kay Industry
E-28, Foundry Nagar
Agra. E
253. B.K. Salts
. Behind E-28, Foundry Nagar
Agra.
254. National Chemicals F
C-9, Foundry Nagar
Agra..
255. Jai Shanker Salt Petter Works
A-8, Foundry Nagar
Agra. G
-
" 256. Singhal Pesticides
9/122, Moti Bagh
Yamuna
Agra. H
1030 SUPREME COURT REPORTS[1996) SUPP. 10 S.C.R.
A 257. Adarsh Paper Products
10/4, Katra Wazir Khan
Agra.
258. Seema Oil Corpn.
11/38 B, Sita Nagar
B Agra.
259. Agarwal Industries
10/22, Katra Wazir
Agra.
c 260. Allora Paper Products
10/4, Katra Wazir
Agra.
261. Agarwal Knitting
D 188, Industrial Estate
Nunhai
Agra.
262. Brigh! Son Electroplaters
Industrial Area
E Nunhai
Agra.
263. Micro Metals
151, Ind. Estate
Nunhai
F Agra.
264. Mis Bonita Chemicals
64, I.E., Nunhai
Agra.
G M/s Gandhi Refinaries
265.
69 A I.E., Nunhai
Agra.
266. M/.s Mahaveer Glass & Silicate Works
H 65 I.E.
M.C. MEHTAv. U.O.I. [KULDIP SINGH, J.] 1031
.. Agra. A
-4' ..
267. Mis The National Glass & Silicate
Nunhai
Agra.
268. Mis Agra Chains Pvt. Ltd. B
14, I.E., Nunhai
Agra.
269. Mis Agra Leather Board Pvt. Ltd.
5, I.E., Nunhai
Agra. c
RUBBER FACTORIES
270. Mis Bajwa Rubber Ind.
12167, Rui Ki Mandi
Agra. D
271. Mis Bengal Rubber Ind.
Shahaganj
Agra.
272. Mis K.K. Rubber Ind. E
11/3954, Langre Ki Chowki
Shastri Nagar
Agra.
273. Mis Caapstan Rubber Products
F
Transport Nagar
Agra.
... 274. Mis Smart lnd~ries
5199, Billochpura
Agra. G
-., 275. Mis Rubber Complex
Shahganj
Agra.
276. Weston Rubber H
1032 SUPREME COURT REPORTS[l996) SUPP.10 S.C.R.
A 11 Km. Stone
Mathura Road
Agra.
Al ~
-
277. Katyal Industries
10 Km. Stone
B Mathura Road
Agra.
278. Capston Rubbers (India)
C-6, Site A Ind. Area
Sikandara
c Agra.
279. Bengal Rubber Ind.
(Unit-2)
C-7, Ind. Area, Site A
D Sikandara
Agra.
280. Bajwa Rubber Ind. (Unit-2)
---C-8, Ind. Area
Sikandara
E Agra.
281. Noble Rubber Products
B-1, Ind. Area
Sikandara
Agra.
F
~2. Agra Rubber Industries
E-37, Foundry Nagar
Agra.
283. Goodage Rubber Works
G
B-16/3, Foundry Nagar
Agra. <
284. Syntex Rubber Rollers
10/4, Katra Wazir Khan
H Agra.
M.C. MEHTA v. U.O.I. [KULDIP SINGH, J.) 1033
285. Shakti Rubber Corpn. A
,, Sikandara
Agra.
286. M/s Novelty Udyog
37, I.E., Nunhai
Agra. B
287. Mis Sheela Udyog
14B-144, I.E.
,.
Agra.
288. Mis JJ. Rubber & Plastic c
11, I.E., Nunhai
Agra.
289. Sunrise Rubber Ind.
I
18, I.E., Nunhai D
Agra.
LIME KILNS
290. Hansaram Bhagwandas
Naraich, Hathras Road E
Agra.
291. Garg Lime Industries
Naraich, Hathras Road
Agra.
F
292. Pankaj Small Ind.
Nawalganj
Agra.
I
The Taj, apart from being cultural heritage, is an industry by itseH.
More than two million tourists visit the Taj every year. It is a source of G
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 environmental pollution.
It cannot be disputed that the use of coke/coal by the industries emit
pollution in the ambient air. The objective behind this litigation is to stop H
1034 SUPREME COURT REPORTS(1996) SUPP. 10 S.C.R.
A the pollution while encouraging development of industry. 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 environ-
ment and the eco-systems have to be protected. The pollution created as
B a consequence of development must co=ensurate with the carrying
capacity of our eco-systems.
Various orders passed by this Court from time to time (quoted
above) clearly indicate that the relocation of the industries from Ttz is to
be resorted to only if the natural gas which has been brought at the
C doorstep of TTZ is not acceptable/available by/to the industries as a
substitute for coke/coal. The GAIL has already invited \he industries in
TTZ to apply for gas connections. Before us Mr. Kapil Sibal and Mr.
Sanjay Parikh, learned counsel for the industries have clearly stated that
all the industries would accept gas as an industrial-fuel. The industries
operating in TTZ which are given gas connections to run the industries
D need not relocate. The whole purpose is to stop air pollution by banishing
coke/coal from TTZ.
This Court in Vellore Citizens Welfare Forum v. Union of India & Ors.,
JT (1996) 7 SC 375, ha5 defined "the precautionary principle" and the
E "polluter pays principle" as under :-
"11 ........... We are, however, of the view that "the Precautionary
Principle" and "The Polluter Pays" principle are essential features
of "Sustainable Development". The "Precautionary Principle" - in
the context of the municipal law - means :
F
(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
G damage, lack of scientific certainty should not be sued as a
reason for postponing measures to prevent environmental
degradation.
(iii) The "Onus of proor is on the actor or the
H '•
developer/industrialist to show that his action is environmen-
M.C.MEHTAv. U.0.1. [KULDIP SINGH, J.] 1035
, tally benign. A
"' 12. "The Polluter Pays" principle has been held to be a sound
principle by this Court in Indian Council for Enviro- Legal Action
v. Union of India, J.T. (1996) 2 196. The Court observed, "We are
of the opinion that any principle evolved in this behalf should be
simple, practical and suited to the conditions obtaining in this
B
country". 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 c
very nature of the activity carried on." Consequently the polluting
industries are "absolutely liable to cpmpensate for the harm caused
by them to villagers in the affected area, to the soil and to the
underground water and hence, they are bound to take all necessary
measures to remove sludge and other pollutants lying in the af-
fected areas". The "polluter Pays" principle as interpreted by this
D
Court means that the absolute liability for harm to the en'vironment
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 E
individual sufferers as well' as the cost of reversing the damaged
ecology.
I
13. The precautionary principle and the polluter pays principle
. have been accepted as part of the law of the land. Article 21 of F
'the <:;onstitution of India guarantees protection of life and personal
liberty. Articles 47, 48A, and 51A(g) of the Constitution are as
under:-
"47. Duty of the State to raise the level of nutrition and the
standard of living and to improve public health. - The State G
shall regard the raising of the level of nutrition and the
standard of living of its people and the improvement of public
health among its primary duties and in particular, the State
shall endeavour to bring about prohibition of the consump-
tion except for medicinal purposes of intoxicating drinks and H
1036 SUPREME COURTREPORTS[1996] SUPP.10 S.C.R.
A of drugs which are injurious to health.
48A. Protection and improvement of environment and
safeguarding of forest and wild life. - The State shall en-
"
deavour to protect and improve the environment and to
safeguard the forests and wild life of the country.
B
51A(g). To protect and improve the natural environment
including forests, lakes, rivers and wild life, and to have
compassion for living creatures.
Apart from the constitutional mandate to protect and improve
c the environment there are plenty of post independence legislations
on the subject but more relevant enactments for our pur-
pose are: The Water (Prevention and Control of Pollution) Act,
1974 (the Water Act), the Air (Prevention and Control-of Pollu-
tion) Act,1981 (the Air Act) and the Environment Protection Act,
D 1986 (the Environment Act). The Water Act provides for the
constitution of the Central Pollution Control Board by the Central
Government and the constitution of the State Pollution Control
Boards by various State Governments in the country. Tlµ: Boards
function under the control of the Governments concerned. The
Water Act prohibits the use of streams and wells for disposal of
E
polluting matters. Also provides for restrictions on outlets and
discharge of effiuents without obtaining consent from the Board.
Prosecution and penalties have been provided which include sen-
tence of imprisonment. The Air Act provides that the Central
Pollution Control Board and the State Pollution Control Boards
F constituted under the Water Act shall also perform the powers
and functions under the Air Act. The main function of the Boards,
under the Air Act, is to improve the quality of the air and to
prevent, control and abate air pollution in the €ountry. We shall
deal with the Environment Act in the later part of this judgment.
G 14. In view of the above mentioned constitutional and statutory
provisions we have no hesitation in holding that the precautionary .,.
principle and the polluter pays principle are part of the environ-
mental law of the country."
H Based on the reports of various technical authorities mentioned in
M.C. MEHTA v. U.0.1. [KULDIP SINGH, J.] 1037
!
j.,
this judgment, we have already reached the l;inding that the emissions A
generat~d by the coke/coal consuming industries are air-pollutants and
have damaging effect on the Taj ltnd the people living in the TTZ. The
atmospheric pollution in TTZ has to be eliminated at any cost. Not even
one per cent chance can be taken when - human life apart - the preserva-
tion of a prestigious monument like the Taj is involved. In any case, in view
of the precautionary principle as defined by this Court, the environmental
B
measures must anticipate, prevent and attack the causes of environmental
degradation. The 'onus of proof is on an industry to show that its operation
with the aid of coke/coal is environmentally benign. It is, rather, proved
beyond doubt that the emissions generated by the use of coke/coal by the
industries in TTZ are the main polluters of the ambient air. c
We, therefore, hold that the above-mentioned 292 industries shall as
per the schedule indicated hereunder change-over to the natural gas as an
industrial-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 TTZ and may relocate themselves as per the directions D
given by us thereunder.
We order and direct as under:
(1) The industries (292 listed above) shall approach/apply to the E
GAIL before February 15, 1997 for grant of industrial gas- connection.
(2) The industries which are not in a position to obtain gas connec-
tions and also the industries which do not wish to obtain gas connections
.. may approach/apply to the Corporation (UPSIDC)/Government before
February 28, 1997 for allotment of alternative plots in the industrial estates F.
outside TTZ.
(3) The GAIL shall take final decision in respect of all the applica-
tions for grant of gas connections by March 31, 1997 and communicate the
allotment letters to the individual industries.
G
"' (4) Those industries which neither apply for gas connection nor for
alternative industrial plot shall stop functioning with the aid of coke/coal
in the TTZ with effect from April 30, 1997. Supply of coke/coal to these
industries shall be stopped forthwith. The District Magistrate and the
Superintendent of Police shall have this order complied with. H
1038 SUPREMECOURTREPORTS(1996] SUPP.10 S.C.R.
'
A (5) The GAIL shall co=ence supply of gas to the industries by June
30, 1997. As soon as the gas supply to an industry co=ences, the supply
of coke/coal to the said industry shall be stopped with immediate effect.
"
(6) The Corporation/Government shall finally decide and allot alter-
native plots, before March 31,1997, to the industries which are seeking
B relocation.
· (7) The relocating industries shall set up their respective units in the
new industrial estates outside TTZ. The relocating industries shall not
function.and operate in TTZ beyond December 31, 1997. The closure by
December 31, 1997 is unconditional and irrespective of the fact whether
c the new unit outside TTZ is completely set up or not.
(8) The Deputy Commissioner, Agra and the Superintendent
(Police), Agra shall effect the closure of all the industries on December
31, 1997 which are to be relocated by that date as directed by us.
D (9) The U.P. State Government/Corporation shall render all assis- ,
tance to the industries in the process of relocation. The allotment of plots,
construction of factory buildings, etc. and issuance of any licence/permis-
sions, etc., sh~ be expedited and granted on priority basis.
E (10) In order to facilitate shifting of industries from TTZ, the State
Government and all other authorities shall set up unified single agency
consisting of all the departments concerned to act as a nodal agency to sort
out all the problems of such industries. The single windows facility shall be
set up by the U.P. State Government within one month from today. The
Registry shall co=unicate this direction separately to the Chief Secretary, ...
F Secretary (Industries) and Chairman/Managing Director, UPSIDC along
with a copy of this judgment. We make it clear that no further time shall
be allowed to set up the single window facility.
(11) The State Government shall frame a scheme for the use of the
land which would become available on account of shifting/relocation of
G
industries before June 30, 1997. The State Government may seek guidance
in this respect from the order of this Court dated May 10, 1996 in I.A. No.
22 in Writ Petition (Civil) No. 4677 of 1985.
{12) The shifting industries on the relocation in the new .industrial ,
H estates shall be given incentives in terms of the provisions of the Agra
M.C. MEHTA v. U.0.1. [KULDIP SINGH, J.] 1039
··' Master Plan and also the incentives which are normally extended to new A
ti.
industries in new industrial estates.
(13) The workmen empl6yed in the above-mentioned 292 industries
shall be entitled to the rights and benefits as indicated hereunder :-
(a). The workmen shall have continuity of ·employment at the new B
town and place where the industry is shifted. The terms and conditions of
their employment shall not be altered to their detriment.
(b) 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. c
(c) All those workmen who agree to shift with the industry shall be
given one year's wages as 'shifting bonus' to help them settle at the new
location. The said bonus shall be paid before January 31, 1998.
(d) The workmen employed in the industries who do not intend to D
relocate/obtain natural gas and opt for closure, shall be deemed to have
been retrenched by May 31, 1997, provided they have been in continuous
service (as defined in Section 25cB of the Industrial Disputes Act, 1947)
for not less than one year in the Industries concerned before the said date.
They shall be paid compensation in terms of Section 25-F(b) of the E
Industrial Disputes Act. These workmen shall also be paid, in addition, six
years' wages as additional compensation.
(e) The compensation payable to the workmen in terms of this
judgment shall be paid by the management within two months of the
retrenchment. F
(t) The gratuity amount payable to any workman shall be paid in
addition.
Before parting with this judgment, we may indicate that the industries
in the TTZ other than 292 industries shall be dealt with separately. We G
.... direct the Board to issue individual notices and also public notice to the
remaining industries in the TTZ to apply for gas connection/relocation
within one month of the notice by the Board. The Board shall issue notice
within one month from today. The matter to come up for further monitor-
ing in this respect before this Court on April 4, 1997. H
1040 SUPREME COURTREPORTS(1996] SUPP.10 s:c.R.
A · We may also indicate that this Court by order dated May 10, 1996
has stopped the operation of all the brick kilns in the TIZ with effect from
August 15, 1996. This Court by order dated September 4, 1996 has directed
that the fly-ash produced in the process of the functioning of thermal plants
may be supplied to the brick kilns for the construction of bricks. This would
B. be a useful step to eliminate the pollution caused by fly-ash.
This Court is separately monitoring the following issues for control-
ling air pollution in 'ITZ :
(a) The setting up ofhydrocracker unit and various other devices by
C the Mathura Refinery.
(b) The setting up of 50 bed hospital and two mobile dispensaries by
the Mathura Refinery to provide medical aid to the people living in the
surrounding areas (Court order dated August 7, 1996).
D (c) Construction of Agra bypass to divert all the traffic which passes
through the city. Under directions of this Court, 24 kms' stretch of the
bypass shall be completed by the end of December 1996 (Court- order
dated April 10, 1996).
E · (d) Additional amount of Rs. 99.54 crores sanctioned by the Planning
Commission to be utilised by the State Government for the construction of
electricity supply projects to ensure 100 per cent uninterrupted electricity
to the ITZ. This is necessary to stop the operation of generating sets which
are major source of air pollution in the ITZ (Court orders dated April 10,
1996, May 10, 1996, August 30, 1996, September 4,1996 and September 10,
F 1996). -
(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
G 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).
(t) Green belt as recommended by NEERI has been set up around
Taj. Pursuant to continuous monitoring of this Court, the Green Belt has
H become a reality.
M.C. MEHTAv. U.0.1. [KULDIP SINGH, J.) 1041
(g) This Court suggested to the Planning Commission by order dated A
September 4, 1996 to consider 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.
(h) All emporia and shops functioning within the Taj premises have B
been directed to be closed. ,
(i) Directions have been issued to the Government of India to decide
the issue, pertaining to declaration of Agra as heritage city, within twp
months.
. I
c
We are mentioning these issues dealt with by this Court because it
may be necessary to monitor some of these matters to take them to a logical
extent. This Collrt may look into these matters on April 4, 1997.
The issue relating to 292. industries is thus disposed of.
D
V.S.S. Petition disposed of.
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