Mehta Vs. Union of India & Ors  INSC 1661
(30 December 1996)
Singh, Faizan Uddin Kuldip Singh, J.
Mahal - The Taj - is the "King Emperor" amongst the World - Wonders.
The Taj is the final achievement and acme 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 its domes and minarets impress the be holder
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.
Roberts in his work "Forty one years in India" describes The Taj 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." A poet describes The Taj as under:-
"It is too pure, too holy to be the work of human hands. Angels must have
brought it from heaven and a glass case should be thrown over it to preserve it
from each breath of air." Sammuel Smith in his Book about The Taj explains
the impact as under:- "We stood spell-bound for a few minutes at this
hardly seems of the earth. It is more like a dream of Celestial beauty, no
words can describe it.
felt that all previous sights were damned in comparison, No such effect is
produced by the first view of St. Peter's or Milan or cologne Cathedrals. They are all majestic, but this is
enchantment itself. So perfect is its form that all other structures seem
clumsy." The Taj is threatened with deterioration and damage not only by
the traditional causes of decay, but also by changing social and economic
conditions which aggravate the situation with even more formidable phenomena of
damage or destruction. A private sector preservation organisation called
"World Monuments Fund" (American Express Company) 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 domed tombs set in a
garden. The environment of Agra is today
best with problems relating to the inadequacy of its urban infrastructure for
transportation, water and electricity. The densest pollution near the Taj Mahal
is caused by residential fuel combustion, diesel trains and buses, and back-up
of the proposed Agra Ring Road and Bypass that would divert the estimated daily
6,50,000 tons of trans-India truck traffic awaits 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
improvement would provide the opportunity to solve the chronic problems. Agra 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 sulphurdioxide emitted by the
Mathura Refinery and the industries when combined with Oxygen - with the aid of
moisture - in the atmosphere 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 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 international repute - is on its way to degradation due to
atmospheric pollution and it is imperative that preventive steps are taken 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.
Report of the Expert Committee called "Report on Environmental Impact of
Mathura Refinery" (Varadharajan Committee) published by the Government of
India in 1978 has been annexed 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 possible
sources are all coal users consisting of two Power Plants, a number of small
industries mainly foundries (approximately 250) and a Railway Shunting Yard. As
far as suspended particulate matters are concerned, because of use of coal,
contribution will be substantial.
though the total amount of emission of sulphur dioxide from these sources may
be small, on account of their proximity to the monuments, their contribution to
the air quality of the zone will be considerably high." Varadharajan
Committee made, among others, the following recommendations:- "Steps may
be taken to ensure that no new industry including small industries or other
units which can cause pollution are located northwest of the Taj Mahal
................. Efforts may be made to relocate the existing small
industries, particularly the foundries, in an area south east of Agra beyond the Taj Mahal so that emissions from these
industries will not be in the direction of the monuments. ..................
considerations may apply to large industries such as Fertilizer &
Petrochemicals. Such industries which are likely to cause environmental
pollution may not be located in the neighbourhood of the refinery. The
Committee further recommends that no large industry in the Agra region and its neighbourhood be established without
conducting appropriate detailed studies to assess the environmental effect of
such industries on the monuments.
should be so chosen as to exclude any increase in environmental pollution in
the area. ..........The Committee wishes to record its deep concern regarding
the existing level of pollution in Agra.
It recommends that an appropriate authority be created which could monitor
emissions by industries as well as the air quality at Agra on a continuous basis. This authority should be
vested with powers to direct industries causing pollution to limit the level of
emission and specify such measures as are necessary to reduce the emission
whenever the pollutant level at the monuments exceeds acceptable limits. The
Committee particularly desires that recommendations made in regard to reduction
of existing pollution levels at Agra
should be converted to a time-bound programme and should be implemented with
utmost speed. ............ The Committee also recommends that studies should be
undertaken by competent agencies to explore the possibility of protecting the
monuments by measures such as provision of a green belt around Agra in the region between Mathura and Agra. .............. Even though
assurances have been obtained from IOC that adequate precaution would be taken
to contain the pollution on account of using coal in the power plant, the
Committee is of the opinion that till such time this problem is 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/7/1981-82) 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 outskirts could be categorized as
Ferrous Metal Casting using Cupolas (Foundry);
Ferro-alloy and Non-Ferrous Castings using Crucibles, Rotary Furnaces etc.
Lime Oxidation and Pulverising;
Chemical; and (Table 4-1). .............
contribution of sulphur dioxide through emission primarily from the combustion
from the fuels comprising hard coke, steam coal, wood and fuel oil is estimated
as 3.64 tonnes per day from industrial activities in the Agra City and its
outskirts (Table 5-3). The vehicular contribution as estimated from traffic
census in 6 road crossings is only 65 kg a day or 0.065 tonnes a day and should
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 0.065 from
thermal power stations,
industries in Agra
railway marshalling yards and
Vehicular traffic respectively.
contribution from vehicular traffic as because it is considered negligible, the
relative contributions from the other 4 distinct sources are 32, 32, 19 and
16.9 per cent. With the elimination of the first and the further sources-by
closing down the two thermal power station and replacing coal fired steam
engines by diesel engines in the two railway marshalling yards-about 50 per
cent (48.9 to be exact) cut down of sulphur dioxide emission is expected."
The National Environment Engineering Research Institute (NEERI) gave
"Over-view report" regarding status of air pollution around The Taj
in 1990. Relevant part of the report is as under:- "The sources of
pollution, including small and medium scale industrial units, are scattered all
around Taj Mahal. High air pollution load is thus pumped into the Taj air-shed.
Sudden rises in concentration level are often recorded in all directions in
gaseous as well as particulate pollutant depending upon the local micro
climatic conditions. ........
four occasions during the five year air quality monitoring, the 4 hrly average
values of 802 at Taj Mahal were observed to be higher than 300 ug/m3, i.e. 10
folds of the promulgated CPCB standard of 30 ug/m3 for sensitive areas. The
values exceeded even the standard of 120 ug/m3 set for industrial zones.
Statistical analysis of the recorded data indicate that 40% (cumulative
percentage level) has crossed the standard set for sensitive receptors/zones.
SPM levels at Taj Mahal were invariably high (more than 200 ug/m3) and exceeded
the national ambient air quality standard of 100 ug/m3 for SPM for sensitive
locations barring a few days in monsoon months. ..... Another study during
1985-87 brought to fore that the overall status of the ambient air quality
within the trapezium has significantly deteriorated over this period." 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.
causes serious concern on the well being of Taj Mahal. .......The gaseous
pollutants being acidic in nature, significantly impact both the biotic as well
as the abiotic components of the ecosystem like plants and building material
like marble and red stone".
Court on January 8,
1993 passed the
following order:- "We have heard Mr. M.C. Mehta, the petitioner in person.
According to him, the sources of pollution in Agra region as per the report of Central Pollution Control Board
are iron foundries, Ferro-alloyed industries, rubber processing, lime
processing, engineering, chemical industry, brick refractory and vehicles. He
further states that distant sources of pollution are the Mathura Refinery and
Ferozabad Glass Industry. It is necessary to have 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 the survey
done shall issue notices to all the foundries and industries in that region to
satisfy the Board that necessary anti-pollution 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. Pollution Control Board for compliance and report as
directed." Pursuant to the above quoted order the U.P. Pollution Control
Board (the Board) filed 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:- Nature of Industry Number
Rubber Factories 20
Engineering Industries 46
Chemical & other Industries 55
Lime Kilns 03
Refinery (Situated at Mathura) 01
Glass Industries 49 (situated at Firozabad)
Brick Refractories & Poulteries 09
Bangle Industries 120 (situated at Firozabad)
Block Glass Industries 40 ----- TOTAL: 511 ----
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. Chamber of Commerce and the
Glass Industries Syndicate. Some of the individual industries have also been
represented through their learned counsel.
Court considered the affidavit filed by the Board and passed 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 region.
The names and addresses of the said industries have been enclosed along with
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 notice by getting the same published in two
local newspapers and two national newspapers calling upon all the 511
industries to instal anti-pollution mechanism/affluent treatment plants if they
have not already done so.
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 notices in the newspapers. This publication shall be done
within two weeks from today. After the replies from the industries are received
and processed by the Board, the board may, if it so desires, inspect any of the
industries in order to find out the correctness of the replies filed by the
Industries. The matter be listed on August 10, 1993." Pursuant to this Court's
order (quoted above) the board filed affidavit dated August 5, 1993 wherein it
is stated that public notice was published in two local newspapers of Agra on
may 17, 1993 and two National Newspapers on may 18, 1993 calling upon the
industries to file their replies during the extended time. The affidavit states
that all the listed industries were polluting industries and 507 out of them,
had not even installed any 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.
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, 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:- "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 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 move damaging. It is also observed
that trace metals present in fly ash and suspended particulate matter, e.g.
manganese, Iron and Vanadium act as catalysts for oxidation of Sulphur Dioxide,
and in turn enhance degradation of marble calcite to gypsum." 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 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 consumption 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.
the presence of soot reduces the aesthetic value of the monument. Ambient air
around Taj Mahal is polluted primarily from point/line sources and has adverse
impacts on building material by alternation of marble and sandstone structures
at micro-crystalline level. The earlier studies have revealed that the
concentrations of gaseous pollutants and SPM (predominantly soot and carbon
particles) are relatively high during winter months due to the frequent
inversion conditions restricting vertical dispersion.
monsoon seasons, suspended particles are washed away and this cycle of
pollutant built-up and subsequent removal continues exposing fresh surface of
the monument to the pollutants." 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 that he is already in touch with
the authorities concerned and needs little more time. We give him time till November 26, 1993. He must file concrete proposal
before the next date of hearing. meanwhile, we also issue Notice to the
Secretary, Ministry of Petroleum, Govt. of India and the Chairman, Gas
Authority of India, returnable on November 26, 1993." This Court on November 26, 1993 examined the affidavit filed by the
Gas Authority of India Ltd. (GAIL) regarding supply of natural gas to the
industries operating in TTZ and passed the following order:- "Pursuant to
this Court's order dated November
19, 1993, Mr. R.P.
Sharma, General Manager, Marketing and Planning, Gas Authority of India Ltd.
Has filed an affidavit dated November 23, 1993.
Mr. Sharma is also present in Court. It has been stated in the affidavit and
also orally by Mr. Sharma that without undertaking the detailed survey with
regard to the assessment of demand and other technical requirements it would
not be possible to proceed further in this matter.
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 done
the survey under the directions of this court. According to him, the work of
doing further survey on behalf of the Gas Authority of India Ltd. can be
undertaken by NEERI if the terms 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.
Khanna states that they will respond to the terms within a week thereafter.
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 NEERI within a
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 present in Court on December 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:- "The Ministry of Environment and
Forests (MEF), retained the National 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 within Agra area are not meeting the prescribed emission
standards. One of the reasons is that the industries use coal and coke for
their fuel requirements. Amongst the options proposed in the Air Environment
Management Plan in Taj Trapezium report, NEERI has suggested change over to
cleaner fuel like ONG for mitigation of air pollution in the region. As per the
directives of the Hon'ble Supreme Court of India, NEERI proposed a study on
techno-economic feasibility of utilisation of compressed natural Gas (CNG) as a
replacement of solid/liquid fuels (eg, Coal, FO, LSHS etc.) in the industrial
sectors of Agra, Mathura and Firozabad region, based on the Terms of Reference formulated
by the Gas Authority of India Ltd. (GAIL).
existing HBJ pipeline laid by GAIL for transmission and distribution of CNG
from the Western Offshore Region passing through Gujarat, Madhya Pradesh, Rajasthan, Uttar Pradesh, Delhi and Haryana can be tapped to serve
this sensitive area. Auraiya in Uttar Pradesh is the nearest possible tapping
point which is at an approximate distance of 170 Kilometers from Agra. presently the total availability of CNG ex-Hazira
is of the order of 20 MMSCMD, and is expected to increase to 38-39 MMSCMD in
1998-99 as projected by GAIL. Based on the existing energy demand, NEERI has
projected approximately 1.00 MMSCMD CNG requirements for Agra, Mathura and Firozabad region.
price of CNG at Auraiya (exclusive of taxes) range from Rs. 2500-2700/1000 m3
which will be further altered by Government 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 the TTZ. This
Court also directed the UP State Industrial Development Corporation (the
Corporation) to locate sufficient areas outside the TTZ to relocate the
operative part of the order is as under:- "We requested Mr. V.R. Reddy,
learned Additional Solicitor General on January 14, 1994 to have discussion
with the concerned authorities and assist us in probing the possibility of
providing some safe fuel to the foundries and other industries situated in the
Taj trapezium. We are thankful to Mr. Reddy for doing good job and placing
before us various suggestions in that direction. Mr. Reddy has suggested that
NEERI be asked to examine the possible effects of the use of Propane as a safe
fuel from the point of view of atmospheric pollution. We accept the suggestion
and request Dr. P. Khanna to examine the feasibility of Propane as a possible
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.
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 NEERI in
further direct the U.P. State Industrial Development Corporation through its
Managing Director to locate sufficient landed area possibly outside the Taj
trapezium where the foundries and other industries located within the Taj
trapezium can be ultimately shifted. The Corporation shall also indicate the
various incentives which the Government/U.P.S.I.D.C.
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 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 the statement of the outcome of discussion held by
Mr. Reddy with the concerned authorities on record." 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 passed the following 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 who can take instant
decision in the matter. We, therefore, request the Chairman of the Oil and
natural Gas Commission, the Chairman of the Indian Oil Corporation and the
Chairman of the Gas Authority of India to be personally present in this court
on 8.3.1994 at 2.00 PM.
further direct the Secretary, Ministry of Petroleum, to depute a responsible
officer to be present in the court on 8.3.94 at 2 PM." The Corporation filed affidavit dated March 3, 1994 indicating the location/area of
various industrial estates which were available for relocation of the industries
form TTZ. After examining the contents of the affidavit, this Court on March 4, 1994 passed the following order:-
"Mr. K.K. Venugopal, learned sen or advocate appears for the U.P. State
Industrial Corporation Limited. The Corporation has filed an affidavit wherein
it is stated that the Corporation has 220 acres of developed land in industrial
area, Kosi (Kotwa) where 151 plots are available for immediate allotment.
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 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 Agra.
we issue any directions regrading the development of area or allotment of land
to various industries, it is necessary to know the exact number of air
polluting industries which are operating within the Taj Trapezium which are to
be shifted outside the trapezium. Mr. Pradeep Misra, learned counsel for the U.P. State
Pollution Control Board fairly states that he would direct the Board
Secretariat to prepare a list on the basis of their record and survey, and
submit the same in this Court within a week from today.
S.K. Jain and Mr. Sanjay Parikh, Advocates have been appearing for various
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
Industries, Government of Uttar pradesh, 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 Chairman, General Manager and other
officers of 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 Manager (Operation), Shri K.K. Kapur,
Chairman and Managing Director, Gas Authority of India along with Shri R.P.
Sharma, General Manager (Marketing) Shri B.K. Bakshi, Chairman and Managing
Director, Indian Oil Corporation along with Shri A.P. Choudhary and Shri S.R.
Shah, Joint Secretary, Ministry of Petroleum, are present in Court. We place on
record our appreciation for having responded to our request.
have discussed our view point with Shri Manglik, Shri Kapur, Shri Shah and Shri
have requested them to file in this Court a note each with regard to the
discussion we have had with them in the Court. This may be done within five
days." When the matter came up for consideration on March 31, 1994, this
Court while examining the question of relocating the industries, passed the
following order:- "...... Mr. Venugopal, learned senior counsel appearing
for the UPSIDC states that the UPSIDC would examine the demand of each of the
industry and thereafter locate the requisite area outside the Taj Trapezium for
shifting these industries. We propose 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 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 Taj-Trapezium) and realienating
the area management environmental plan. The NEERI submitted its final 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 industries
in the 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 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
court on April 11, 1994 after hearing learned counsel for the parties, passed
the order indicating that as a first phase the industries situated in Agra be
relocated out of TTZ. While the industries were being heard on the issue of
relocation, this court on April 29, 1994 passed the following order:-
"....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 NEERI's report which was submitted to the Government of India in
of the view that it would be in the interest of justice to have another
investigation/report from a reputed technical/Engineering authority.
of Environment and Forests, government of India may examine this aspect and appoint an expert authority (from India or abroad) to undertake the survey
of the Taj Trapezium Environmental Area and make a report regarding the source
of pollution in the Trapezium and the measures to be adopted to control the
same. The authority can also identify the polluting industries in the Taj
Trapezium. We, therefore, request Mr. Kamal Nath, Minister Incharge, Department
of Environment and Forests, to personally look into this matter and identify
the authority who is to be entrusted with this job. This must be done within
three weeks from the receipt of this order. 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 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 exert committee
under the chairmanship of Dr. S. Varadharajan.
the Indian Oil Corporation placed on record its report on the feasibility study
regarding the use of safe alternate fuel by the Mathura Refinery. The report
suggested the use of natural gas as the most optimum fuel.
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:- "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 experience
on the subject is given. The conclusion of the summary 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 optimum fuel in view of wide international experience,
safety & 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.
naphtha forms vapour clouds from possible leakages from burner flanges on
underside of fired heather. In view of this, it may not be prudent to recommend
use of naphtha in large size heaters (e.g. AVU 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 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 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 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 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 already 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 at Ferozabad and Agra. learned counsel for the Indian Oil
Corporation 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.
counsel for the Corporation may also ask a responsible officer, who can explain
the whole situation to the court, to be present in Court on 8.8.1994 at 2.00
p.m." 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. According 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 Dadri via Mathura has
already been sanctioned and is being implemented. he further states that apart
from supplying gas to Dadri, the line when laid down, shall also be in a
position to carry the supplies required for the Mathura Refinery.
final report dated July 12, 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 Rehabilitation and Expansion Project and is
scheduled to be 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 of India to file an affidavit through some responsible officer,
within two weeks from the receipt of this order, showing the progress made till
date in the project of laying down the pipeline from Babrala to dadri. The
affidavit shall also state as to whether it is possible to prepone the date of
commissioning of the project from June, 1996 to December, 1995.
of the order be sent to Gas Authority of India and the Indian 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 TTZ. It is stated in the affidavit that all efforts were being made to
complete the project by December, 1996.
committee submitted its report regarding preservation of Taj Mahal and Agra
monuments in two volumes.
hearing learned counsel for the parties, this court on August 3, 1995 passed
the following order:- "Vardharajan Committee appointed by the Ministry of
Environment 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 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 time to time. NEERI report was submitted
sometime in July 1993. In its report, NEERI suggested that in order to preserve
Taj it is necessary to re-locate various industries located in Taj Trapezium.
The Vardharajan Committee Report now received also suggests the relocation of
the industries situated in Taj Trapezium. The Vardharajan Committee 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 Government 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 examine the
NEERI report and also the Vardharajan Report and indicate in positive terms the
measures which the Ministry is intending to take to preserve the Taj Mahal.
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
relocated. it cannot be done without there being positive assistance from the
Ministry of Environment & Forests, Government of India and the State of
Uttar Pradesh. We direct these two authorities to come out with re- allocation
scheme prepared within four weeks from the receipt of this order.
affidavit of the Secretary, Ministry of Environment & 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 affidavit, this Court passed the
following order:- "Pursuant to the above quoted order an affidavit dated
3.8.95 has been failed by shri vishwanath Anand, Additional Secretary in the
national River Conservation Directorate, Ministry of Environment and forests,
aspects have been dealt with in 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.
indicated by us in our order quoted above two expert reports are before the
Government of India.
gave its report as back as July, 1993 and Varadharajan Committee Report was
submitted to the government in April, 1995.
this Court was prima facie of the view that the polluting industries in Taj
Trapezium would have to be relocated 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 requested Mr. Kamal nath the than
Minister of Environment and Forests to examine the matter and have the scheme
for re-location 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 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 hard the matter at length for
several days and are disposing of the issues raised before us by this judgment.
Court on March 14, 1996 directed the GAIL, Indian Oil Corporation and the UP
State Industrial Development Corporation to indicate the industrial areas
outside the TTZ which would be connected with the gas supply net-work. The
order passed was as under:- "Mr. Reddy, the learned Additional Solicitor
General after consulting Mr. C.P. Jain, the Chief Environmental Manager, New
Delhi has stated that mechanical process for bringing gas near Mathura Refinery
shall be completed by December, 1996. He 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 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 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.
examining the contents of the affidavit, this Court on April 10, 1996 passed
the following order:- "Pursuant to this Court's order dated March 14, 1996
Mr. PC Gupta, General manager (Civil), Gas Authority of India has filed
affidavit dated April 2, 1996. It is stated in the affidavit that the is stated
in the affidavit that the Ministry of Petroleum and Natural Gas has already
allocated 0.60 MMSCMD for distribution to the industrial units in Agra and
Ferozabad. It is stated that as per the time schedule already filed 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
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
have already heard arguments regarding relocation of industries from Taj
Trapezium. Some of the industries which are not in a position to get gas
connections or which are otherwise polluting may have to be relocated outside
Taj Trapezium. The GAIL may also examine whether in the event of availability
of more 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
Gupta has further stated that for the purposes of laying distribution network
within the Taj Trapezium, GAIL is establishing a joint venture Company.
However, pending formation of the joint venture Company, the required functions
are being performed by GAIL. It is stated that GAIL had advertised comparative
prices and heat equivalent of various fuels in the newspapers circulated in
Agra and Ferozabad to enable the industries, who 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 matter examined and file an affidavit in this Court within two
weeks indicating the time frame regarding the laying of distribution net work
within the Taj Trapezium. Mr. 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 in acquiring land for setting up the
two stations for the public purposes." 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 undertaking by learned counsel for the industries that the
industries in TTZ are taking steps to approach the Gas Authority of India for
to this Court's order dated April 10, 1996
and subsequent order dated May 10, 1996,
Mr. P.C. Gupta, General 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 Sate Pollution Control Board concerned to examine the
legal position and do the needful, if anything is to be done under law.
Gupta, in para 5, has further stated as under:
in its endeavour Gail has not received sufficient response from the
industrialists in the City of Agra, where prospective industrial consumers of
gas have not yet worked out how to convert the couple furnaces to gas fired
ones. Hence, GAIL apprehends that after it has undertaken provisioning such an expensive
infrastructure exercise, it may not have enough consumers for the gas supplies
in Agra at least during the near future of commencement of the supply. This
Hon'ble court may therefore, direct the prospective consumers to inform this
Hon'ble Court of their willingness to convert to gas." Mr. Sibal and Mr.
Parekh, learned counsel appearing for most of the industries have informed us
that the industries are taking 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." The NEERI
submitted a Technical Report dated March 7, 1994 pertaining to "Issues
Associated with Fuel Supply Alternatives for Industries in Agra-Mathura
Region". Paras 2.4.1 and para 3 of the Report are as under:- "2.4
Safety Requirements 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 industries
being identified by the Government of Uttar Pradesh shall minimise this hazard
as the industrial estates shall be suitably designed for NG distribution.
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.
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:
for relocation of industries.
Availability of cleaner fuel (present and future) - Environmental benefits from
alternate fuels - Safety considerations The recommendations are summarized
Shifting of small-scale polluting industries outside the Taj Trapezium on
industrial estate sites to be identified by the Government of Uttar Pradesh;
Provision of natural gas to the industries in Agra-Mathura region and Mathura
Refinery" Mr. M.C. Mehta, Mr. Kapil Sibal and other learned counsel
representing the Agra-industries took us through the April-1995 Varadharajan
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 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
successful." 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) 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.
There is an increasing trend in the monthly mean SPM concentrations from about
380 micrograms/cubic metre to 620 micrograms/cubic metre during the period
1987-1991, and the trend reverses thereafter till 1993.
is a decrease in monthly mean SPM levels from 620 micrograms/cubic metre in 1991
to about 425 micrograms/cubic metre in 1993." 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 of them
being located across the river. These are the major sources of concern 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
Agra would need installation of pipelines and meters. This 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 precautions, after careful review." Relevant part of para 79 is
as under:- "...... NEERI Report dated March 7, 1994 on Fuel Supply
alternatives (Annexure) suggests Natural Gas can be considered for use only in
new industrial sites." 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 has the authority to monitor their performance to meet standards
performance to meet standards outlined for different industries by CPCB, noting
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 residential area. If such
sites are developed, natural gas supply in the industrial estate would be
possible with safety, and the industrial units could be shifted.
.... There is need for a single authority in such estates to coordinate all
maintenance and repair work on electrical supply, telecommunications, water,
sewage, drains, roads and construction. Any industrial estate in Agra with natural gas will have to be located at a
substantial distance from monuments to ensure full safety.
When industrial units are relocated, it would be appropriate 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 commercial establishments in such vacated areas as
they may in turn add to the problems of water supply and atmospheric quality by
excessive use of energy. Major changes of this nature would need a clear
development planning strategy and resources, and will also take several years
There is urgent need for quicker measures which could lead to better
environment, especially in the Taj Mahal. For this purpose, it is necessary to
effect overall reduction in coal/coke consumption 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 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.
assistance to industries for adoption of these may be considered after careful
examination of the costs and benefits to the industry and to society. All those
industries not responding for action for feasible changes and contributing
disproportionately to atmospheric pollution have to face action." The Taj
being a monument on the World Heritage List, the Government of India 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, 1987 to study the problems pertaining to
the conservation of marble and sand stones in The Taj and recommended 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 annexed 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 comments of the Archaeological Survey of India as noticed in
the Varadharajan Report are as under:- "On the structural side, the Taj
mahal is in a sound state of preservation and the studies conducted so far also
confirm the same. The only threat to the Taj Mahal is from the environmental
Science wing of the ASI is continuously monitoring the level of suspended
particulate matter, sulphur dioxide concentration and sulphation rate. The
studies made in this regard shows 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 NEERI reports placed on record, we are of the 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.
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.
reports have clearly recommended the relocation of the industries from the TTZ.
court on April 11, 1994, passed the following order:-
"..... We are of the view that the shifting of the industries from Taj
Trapezium has to be made i a phased manner. NEERI's report indicates that the maximum
pollution to the ambient air 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......
therefore direct the U.P. State Pollution Control board to issue Public notices
in the two national English Daily newspapers and also two vernacular newspapers
for three consecutive 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, 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:
Name, Registration number, Location and the ownership/status of the industry.
Total land/including built up area which is at present under the possession of
Nature/quantum of the fuel which is being used.
Number of the workers/other staff employed.
Total Capital investment/turnover of the industry.
Extent of the land required by the industry in the new industrial area outside
the Taj Trapezium.
product of the industry and the raw material used for such production.
nature/extent of the alternate safe fuel, if required.
Financial assistance in the shape of loan etc., if required, and to what
from Public Notice, individual Notices to all the industries which are situated
in Agra shall also be served by the U.P. State
Pollution Control board, to the air polluting 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
publication of the notice in the national Newspapers shall 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 published i 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 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 four NEERI reports, two Varadharajan reports
and several reports 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 the 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.
the Board has placed on 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:
Gulab Rai Chottey Lal 21/16, Freeganj Agra.
Gulab Rai Chottey Lal 27/65, Pathwari Agra.
Krishna Iron Foundry Freeganj Agra
B.C. Iron Foundry Sultanganj Agra.
Kajeco Industries Sultanganj Agra
National Iron Foundry
Moti Lal Nehru Road Agra
Raj Pattern Makers & Founders
Moti Lal Nehru Road Agra
Miraz Iron Foundry 1290, Bazar Agra
Mudgal Iron Foundry 7/6, Pathwari Agra
M/s Prabhat Iron
Foundry Freeganj Road
M/s Raghav Engg. Company 21/60, Freeganj Agra
M/s Raj Iron Foundry (Unit-I) 26/1, Sultanganj Agra
M/s Agrawal Tin Mfg. Co. Sultanganj Agra
M/s Moti Lal Agrawal & Co. 21/33, Freeganj Agra
M/s Anil Metal Ind. (Foundry Division) Bichpuri Road, Amarpura Agra
M/s Shree Durga Laxmi Iron Foundry Langre Ki Chowki Agra
M/s S.S. & Iron Foundry Jeoni Mandi Agra
M/s Randhir Chand Khoob Chand Iron Foundry Masta Ki Bagichi Langre Ki Chowki Agra
M/s Shree Ram Metal Ind. 31/24 D, Langre Ki Chowki Agra
M/s Suresh Iron Foundary & Engg. Works Langre Ki Chowki Agra
M/s Suresh Iron Foundary & Engg. Works Langre Ki Chowki Agra
M/s. Mahajan Iron Foundary Transport Nagar Agra
M/s. Mahajan Iron Foundary Transport nagar Agra
M/s Taj Iron Foundary Aboolala Dargah New Agra
M/s Himalaya Ind. Transport Nagar Agra
M/s Laxmi Metal Ind. Indira Mill Compound Jeoni Mandi Agra
M/s Shree Durga Bhagwati Industries & Iron Foundary Langre Ki Chowki Agra
M/s India Casting Co. C-1, Balkeshwar Road
M/s India Iron Foundary Sultanganj Agra
Shanker Iron Foundary Balkeshwar Agra
Shanker Iron Foundary Balkeshwar Agra
Jagannath Dewan Chandra Jain Freeganj Agra
Agarwal Wire Ind. C-30, Site A, Ind. Area Sikandara Agra
Super Chem. Ind. D-1, Sector A, Ind. Area Sikandara Agra
Uttam Lah Udyog 10 Km
Stone Mathura Road Agra
Mahajan Ispat Udyog Runukutta, Mathura Road Agra
G.M. Industries Corpn. Kailash
Road, Sikandara Agra
Satya Deep Udyog Mathura Road Agra
Arbaria Iron Foundary Runukutta Mathura Road Agra
Allied Iron & Steel Works Runukutta, Mathura Road Agra
40. Singh Industries Mathura Road, Artoni Agra
Kalyan Steel Products (P) Ltd. Artoni, Mathura Road Agra
B.K. Steels, Artoni, Mathura
Anand Industry Artoni, Mathura
Arbaria Steels Artoni, Mathura
Luthura Engineering 15 Km., Artoni, Mathura Road Agra
Satya Ind. Corpn. Unit-2, Rambagh Agra
A.R. Iron Foundary Rambagh Agra
48. S.A. Iron Foundary 11/42, Rambagh Agra
S.K. Iron Foundary & Engg. Co., Unit-1
S.K. Iron Foundary & Engg. Co., Unit-2
S.G. Industries Rambagh Agra
Golden Engg. Corpn. 4/45, Rambagh Agra
Paliwal Iron Foundary & Metal Works Rambagh Agra
Jain Foundary & Engg. Works Rambagh Agra
Castwel Foundary Naraich, Hathras Road Agra
Oswal Iron Foundary Rambagh Agra
57. Ganga Engineers Rambagh Agra
S.S. Iron Foundary 11/111, Rambagh Agra
Suraj Foundary 11.45, Rambagh Agra
Dewan Chand Suraj Prakash Jain 11/43, Rambagh Agra
Parolia Engg. Works 11/47-c, Rambagh Agra
S.B. Iron Foundary 11/18-B, Rambagh Agra
Reliable Industry Rambagh Agra 64. Sarla & Co. Rambagh Agra
Shree Ram Iron Foundary & Engg. Works 4248/2, Rambagh Agra
Jagdish Industrial Corpn. Naraich, Hathras Road Agra
R.K. Engineers & founders Hathras Road Agra
Goyal Iron & Steel Works Naraich, Hathras Road Agra
R.R. Iron Foundary Rambagh Agra
Industries Foundry nagar Hathras
Kansal Iron Foundry 11/48/6/C, Naraich Hathras Road Agra
Goyal Metal Industries Foundry nagar, Hathras Road Agra
Fatehchand Sehgal & Sons Naraich, Hathras Road Agra
Adesh Kumar Jain C-69, Foundry Nagar Agra.
Deepak Chemical Works 11B/103, naraich Hathras Road Agra
Devki Nandan 11B/103 naraich Hathras Road Agra
Prakash Iron Foundary Hathras Road Agra
78. Ravi Agricultural Ind. Hathras Road Agra
V.K. Enterprises C-48, Foundry Nagar Agra.
Manik Chand Garg & Co. C-50, Foundry Nagar Agra.
81. Bombay Engg. & Moulding Works 3994, Nagla Kishanlal Hathras Road Agra
Gopal Iron Foundary D-38, Foundary Nagar Agra
Sterling Machine Tools C-38, Foundary Nagar Agra
Bharat Ind. Unit-2 B-12, Foundary Nagar Agra
Kajeco Industries Unit-2 B-9/10, Foundary Nagar Agra
Hathras Road Agra.
Techno Industries 2919, Nariach
Hathras Road Agra.
Goyal Iron & Steel Works (India) Nagla Kishanlal Hathras Road Agra.
G.C. Industries Naraich, Hathras
K.J. Industries B-5, Foundary Nagar Agra
Bajrang Iron Foundry B-4, Foundary Nagar Agra
92. Agra Loh Udyog 1167, Foundary Nagar Agra
Singhal Industries B-2, Foundary Nagar Agra
Raj Iron Foundry Unit-II B-3, Foundary Nagar Agra
Agrico Enterprises E-60/E-61, Foundary Nagar Agra
Tantan Auto Industry E-72, Foundry Nagar Agra.
Naresh Iron Foundry D-62, Foundary Nagar Agra
A.B. Auto Works (P) Ltd. C-32, Foundary Nagar Agra
Shri Ram Engg. works D-19, Foundary Nagar Agra
Britania Engg. Co. C-31, Foundary Nagar Agra
Expert Founders & Engg. C-29, Foundary Nagar Agra
Basal Casting Co. D-17, Foundary Nagar Agra
Maharaja Agrasen Iron Foundry D-15, Foundary Nagar Agra
104. Ajanta Industries D-20, Foundary Nagar Agra
Accurate Ferro Castings B-18/B, Foundary Nagar Agra
Shiraj Industry D-68, Foundary Nagar Agra
Shinning Engg. Works B-19, Foundary Nagar Agra
Mittal Iron Founders & Engg. Foundary Nagar Agra
Shivam Industries C-23, Foundary Nagar Agra
Mercury Engg. & Steel E-16, Foundary Nagar Agra
Arya Sons B-17/2, Foundary Nagar Agra
Agrawal Metal Industries C-70, Foundary Nagar Agra
Kamal Engg. works, Unit-II C-25, Foundary Nagar Agra
Kamal Engg. Works Unit-I D-48, Foundary Nagar Agra
115. Power Field India E-4, Foundary Nagar Agra
Shyam Metal Industries E-3, Foundary Nagar Agra
Narayan brothers Factory E-3, Foundary Nagar Agra
Shaktiman Industries E-25, Foundary Nagar Agra
Jain Ambey Piston King Industry E-14, Foundary Nagar Agra
Monark India E-13/E-14, Foundary Nagar Agra
Gopal Iron Foundry D-43, Foundary Nagar Agra
Natraj Iron Foundry E-18, Foundary Nagar Agra
Bhagwati Iron Foundry D-2, Foundary Nagar Agra
Chinar Foundry E-1, 2, Foundary Nagar Agra
Modern Industries IIB 76A, Foundary Nagar Agra
Devi Sahai Gopaldas Iron Foundry C-15, Foundary Nagar Agra
Mittal Industries C-18, Foundary Nagar Agra
B.K. Castings C-6, Foundary Nagar Agra
N.K. Iron Foundry C-3, Foundary Nagar Agra
Metal products C-33, Foundary Nagar Agra
Shanti Vrat & Sons B-7, Foundary Nagar Agra
Mr. Sushil Kr. Danoria B-7, Foundary Nagar Agra
BSA Agricultural Ind. 17/15, Nunhai Rd.
Indu Engg. & Taxtiles Ltd. 12/16A, Nawalganj Agra
Vijay Iron Foundry 1250, Nawalganj Agra
Kaushal Industries Nawalganj Agra
Standard Pumps Nunhai Agra.
Doneria pvt. Ltd. 10/4, Hathras
Doneria Iron & Steels 11/28, Chini Ka Roza Agra.
Ratan Industries (P) Ltd. 10/12, Kalra Wazir Khan Hathras Road Agra.
Bharat Iron & Steel Foundry 10/10, Katra Wazir Khan Agra
Shri Bankey Bihari Udyog 10/9, Katra Wazir Khan Agra
Balaji Udyog 10/22, Katra Wazir Khan Agra
Nav Durga Dhalai 1014A, Katra Wazir Khan Agra
Ess Jay Steels (P) ltd. 10/4A, Hathras Road Agra.
Girdharlal Thankurdas Agencies (P) Ltd. 11/38, Hathras Road. Agra.
Kumar Steel Udyog 11/24, Ching Ka Roja Agra.
G.T. Iron Industries 11/38, A-3, Hathras Road Agra.
Munnalal Mistri 11/124, Chini Ka Roza Agra.
Metal Cast India 3-Ind. Estate, Nunhai Agra.
M/s printing machine Mfg. Co. 1, Ind. Estate, Nunhai Agra.
M/s Amar Enterprises 2, E. e., Nunhai Agra.
M/s Northern India Tools Co. 62, I.
e., Nunhai Agra.
M/s Meghdoot Pistons (P) Ltd. 6, I.E., Nunhai Agra.
M/s Mehra Casting Works 32, I.e., Nunhai Agra.
M/s Mahaveer Iron Foundry 12/15, Nawajganj Agra
M/s Paras Foundry 68, I.E., Nunhai Agra.
Mahaveer Iron Foundry 67, I.E., Nunhai Agra.
M/s Maharshi Dayanand Iron Foundry 71, I.E., Nunhai Agra.
M/s Basant Industries Nunhai Agra.
M/s A.V. Engineering Works 160, I.E., Nunhai Agra.
M/s Ess Bee Iron Foundry 134, I.E., Nunhai Agra.
M/s Tracko International 56, I.E., Nunhai Agra.
M/s Metafam Engg. Associate 19, I.E., Nunhai Agra.
M/s Vinay Iron Foundry 75, I.E., Nunhai Agra.
M/S Samta Trading Corpn. 136, I.E., Nunhai Agra.
M/s Mahaveer Engg. Works 82, I.E., Nunhai Agra. ENGINEERING
Anil Metal Industry Bodla Road Agra.
170. Agra Engg. Industries Artoni Agra.
Profile Furnaces & Heat
Treatment Kailash Road,
Aay Jay Udyog B-6, Site B, Ind. Area Sikandara Agra.
Krishi Seva Udyog D-41, Foundry Nagar Agra.
Usha Martin Ind. Ltd. Nawaj Ganj Agra.
Mercury Engg. Chini Ka Roza Agra.
Shivam Industries 10/4A, Katra Wazir Khan Agra.
Donaria Industries 10/4A, Hathras Road Agra
Rahul Diesels (India) Rambagh Agra.
K.J. Diesels (P) Ltd.
Naraich Hathras Road Agra.
Prakash Agricultural Ind. Fundry Nagar Agra.
Anil Agricultural Ind. B-25, Foundry Nagar Agra.
Singhal Industries Corpn. C-49, Foundry Nagar Agra.
Gangotri Diesels (P) Ltd.
Hathras Road Agra.
Shivas Industries C-36, Foundry Nagar Agra.
Olympic Diesels E-53, Foundry Nagar Agra.
Shri Ram Diesels (India) C-56, Foundry Nagar Agra.
Minerva Diesel Eng. (P) Ltd. C-67, Foundry Nagar Agra.
A. K. Enterprises B-20, Foundry Nagar Agra.
Kalyan Engg. Works E-8, Foundry Nagar Agra.
Chandra metal Enterprises E-24, Foundry Nagar Agra.
Rajendra Industries E-31, Foundry Nagar Agra.
Bright Engg. Works E-19, Foundry Nagar Agra.
K.G. Electro Techniques E-17, Foundry Nagar Agra.
Satya Udyog Unit-2 C-11, Foundry Nagar Agra.
Doneria Engg. Co. C-5, Foundry Nagar Agra.
Basant Ispat Udyog (P) Ltd. C-34, Foundry Nagar Agra.
Atul Engg. Udyog Nunhai Agra.
Atul Generation (P) Ltd. Nunhai Agra.
Mohan Generators & Pumps 45 I.E., Nunhai Agra.
M/s Steeloc Ind. 54A, Industrial Estate Nawalganj, Nunhai Agra.
M/s Jay Sheet Mfty. Nawalganj, Nunhai Agra.
M/s Automotive Products 73, I. E., Nunhai Agra.
M/s S.G. Sundrani I. E., Nunhai Agra.
M/s Alfa Engg. Works 20, I. E., Nunhai Agra.
M/s Shyam Metal Works 21, I. E., Nunhai Agra.
M/s Jagdish Metal Works 24, Nunhai Agra.
M/s Suchlam Engg. Works 165A, I. E., Nunhai Agra.
M/s Pawan Auto Ind. I. E., Nunhai Agra.
M/s Shaktiman Ind. I. E., Nunhai Agra.
Sandeep Autos I. E., Nunhai Agra.
M/s Vulcan Engg. Inds., I. E., Nunhai Agra.
M/s Vulcan Engg. Inds., Nunhai Agra.
M/s Agra Steels Corpn. I. E., Nunhai Agra.
& OTHER INDUSTRIES
M/s Biological Evons
Ltd. Bichpuri Road Agra.
M/s Wasan & Co., Bodla. Bichpuri Road Agra.
M/s Mahajan Tanners (P) Ltd.
Bichpuri Road Agra.
M/s Agra Tannery Leather Bichpuri Road Agra.
M/s C.R. Oil Mill
Motilal Nehru Road Agra
M/s Sharda Oil Mills
Motilal Nehru Road Agra
M/s B.P. Oil Mills (P) Ltd. Maithan Agra.
M/s Mayur Kattha Industries Chalesar Agra.
M/s A.V. Paper Cones Sikandara Agra.
R.R. Chem Industries Kailash Road Sikandara Agra.
Agra Beverages Corpn. (P) Ltd. Mathura Road Agra.
Arctic Drinks (P) Ltd.
Mathura Road Agra.
Devyani Foods (P) Ltd.
Mathura Road Agra.
B.K. Enterprises Mathura Road Agra.
R.M. Foods (P) Ltd. Artoni, Mathura Road Agra.
Park Leather Industries Ltd. Runukutta, Mathura Road Agra.
Hindustan Crushers & Fertilizers Runukutta, Mathura Road Agra.
General Mills Corpn. Runukutta, Mathura Road Agra.
Amar Shikha Wood Product Artoni, Mathura Road Agra.
Amar Jyoti Industries Artoni, Mathura Road Agra.
Sun Beverages (P) Ltd. Artoni, Mathura Road Agra.
Taj Beverages (P) Ltd. Artoni, Mathura Road Agra.
Pee Cee Soap Factory Artoni, Mathura Road Agra.
Kandla Flooring & Fabrics (P) Ltd. A-1 Site A Ind. Area Sikandara Agra.
Agra Roller Floor Mills Artoni, Mathura Road Agra.
R.K. Brothers C-25, Site A Ind. Area Sikandara Agra.
Sun Ray Agrochem Runukutta, Mathura Road Agra.
Plywood Products 19.6 Km, Runukutta, Mathura Road Agra.
Shreekshetria Gandhi Ashram Runukutta Agra.
Shiraj Foods Unit-2 Runukutta, Mathura Road Agra.
C.R. Foods India (P) Ltd. 1977/1, Runukutta, Mathura Road Agra.
Ramjilal Harishchand 11/48-E, Rambagh, Hathras Road Agra.
Agra Oil & General Industry Naraich, Hathras Road Agra.
Bansal Marrble Industries Hathras Road Agra.
Resin Industries E-38, Foundry Nagar Agra.
Anchor Wax Industry C-26, Foundry Nagar Agra.
Anil Paint Works E-10, Foundry Nagar Agra.
Bee Kay Industry E-28, Foundry Nagar Agra.
B.K. Salts Behind E-28, Foundry Nagar Agra.
National Chemicals C-9, Foundry Nagar Agra.
Jai Shanker Salt Peter Works A-8, Foundry Nagar Agra.
Singhal Pesticides 9/122, Moti Bagh Yamuna Agra.
Adarsh Paper Product 10/4, Katra Wazir Khan Agra.
Seema Oil Corpn. 11/38 B, Sita Nagar Agra.
Agarwal Industries 10/22, Katra Wazir Agra
Allora Paper Products 10/4, Katra Wazir Agra.
Agarwal Knitting 188, Industrial Estate Nunhai Agra.
Bright Son Electroplaters Industrial Area Nunhai Agra.
Micro Metals 151, Ind. Estate Nunhai Agra.
M/s Bonita Chemicals 64, I. E., Nunhai Agra.
M/s Gandhi Refineries 69A I.E., Nunhai Agra.
M/s Mahaveer Glass & Silicate Works 65 I.E. Agra.
M/s The National Glass & Silicate Nunhai Agra.
M/s Agra Chains Pvt. Ltd. 14, I.E., Nunhai Agra.
M/s Agra Leather board pvt. Ltd. 5, I.E., Nunhai Agra.
M/s Bajwa Rubber Ind. 12/67, Rui Ki Mandi Agra.
M/s bengal Rubber Ind. Shahaganj Agra
M/s K.K. Rubber Ind. 11/3954, Langre Ki Chowki Shastri Nagar Agra.
M/s Caapstan Rubber Products Transport Nagar Agra.
M/s Smart Industries 5/99, Billochpura Agra.
M/s Rubber Complex Shahganj Agra.
Weston Rubber 11 Km. Stone Mathura Road Agra.
Katyal Industries 10 Km. Stone Mathura Road Agra.
Capston Rubbers (India) C-6, Site A Ind. Area Sikandara Agra.
279. Bengal Rubber Ind. (Unit-2) C-7, Ind. Area, Sita A Sikandara Agra.
Bajwa Rubber Ind. (Unit-2) C-8, Ind. Area Sikandara Agra.
Noble Rubber Products B-1, Ind. Area Sikandara Agra.
Agra Rubber Industries E-37, Foundry Nagar Agra.
Goodage Rubber Works B-16/3, Foundry Nagar Agra
Syntex Rubber Rollers 10/4, Katra Wazir Khan Agra.
Shakti Rubber Corpn. Sikandara Agra
M/s Novelty Udyog 37, I.E., Nunhai Agra.
M/s Sheela Udyog 14B-144, I.E. Agra
M/s J.J. Rubber & Plastic 11, I.E., Nunhai Agra
289. Sunrise Rubber Ind. 18, I.E., Nunhai Agra.
Hansard Bhagwandas Naraich, Hathras Road Agra.
Garg Lime Industries Naraich, Hathras Road Agra.
Pankaj Small Ind. Nawalganj Agra.
Taj, apart from being cultural heritage, is an industry by itself. More than
two million tourists visit The Taj every year. It is a source of revenue for
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 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.
development of industry is essential for the economy of the country, but at the
same time the environment and the eco-systems have to be protected. The
pollution created as a consequence of development must commensurate with the
carrying capacity of our eco-systems.
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 doorstep of TTZ is not
acceptable/available by/to the industries as a substitute for coke/coal. The
GAIL has already invited the 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 need not relocate. The whole purpose is to
stop air pollution by banishing coke/coal from TTZ.
Court in Vellore Citizens Welfare Forum vs. Union of India & Ors., JT 1996
(7) sc 375, has defined "the precautionary principle" and the
"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:
Environmental measures - by the State Government and the statutory authorities
- must anticipate, prevent and attack the causes of environmental degradation.
Where there are threats of serious and irreversible damage, lack of scientific
certainty should not be used as a reason for postponing measures to prevent
The "Onus of proof" is on the actor or the developer/industrialist to
show that his action is environmentally benign.
"The Polluter Pays" principle has been held to be a sound principle
by this court in Indian Council for Enviro-Legal Action vs. Union of India J.T.
1996 (2) 196.
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 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 very nature of the activity carried
on." Consequently the polluting industries are "absolutely liable to
compensate 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 affected
areas". The "Polluter Pays" principle as interpreted by this
court means that the absolute liability for harm to the environment extends not
only to compensate the victims of pollution but also the cost of restoring the
environmental degradation. Remediation of the damaged environment is part of
the process of "Sustainable Development" and as such polluter is
liable to pay the cost to the individual sufferers as well as the cost of
reversing the damaged ecology.
The precautionary principle and the polluter pays principle have been accepted
as part of the law of the land. Article 21 of the Constitution of India
guarantees protection of life and personal liberty. Articles 47, 48 A 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 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 consumption except for medicinal purposes of intoxicating drinks and of
drugs which are injurious to health.
Protection and improvement of environment and safeguarding of forest and wild
life. - The State shall endeavour to protect and improve the environment and to
safeguard the forests and wild life of the country.
To protect and improve the natural environment including forests, lakes, rivers
and wild life, and to have compassion for living creatures.
from the constitutional mandate to protect and improve the environment there
are plenty of post independence legislations on the subject but more relevant
enactments for our purpose are: The Water (prevention and Control of pollution)
Act, 1974 (the Water Act), the Air (Prevention and Control of Pollution) Act,
1981 (the Air Act) and the Environment protection Act, 1986 (the Environment
Act). 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 Board by the Central Government and the constitution of the
State Pollution Control Boards by various State governments in the country. The
Boards function under the control of the Governments concerned. The Water Act
prohibits the use of streams and wells for disposal of polluting matters. Also
provides for restrictions on outlets and discharge of effluents without
obtaining consent from the Board. prosecution and penalties have been provided
which include sentence of imprisonment. The Air Act provides that the Central
Pollution Control board and the State Pollution Control boards 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
country. We shall deal with the Environment Act in the later part of this
view of the above mentioned constitutional and statutory provisions we have no
hesitation in holding that the precautionary principal and the polluter pays
principle are part of the environmental law of the country." Based on the
reports of various technical authorities mentioned in this judgment, we have
already reached the finding that the emissions generated by the coke/coal
consuming industries are air-pollutants and have damaging effect on The Taj and
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 preservation 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 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.
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 given by us
order and direct as under:-
The industries (292 listed above) shall approach/apply tot he GAIL before February 15, 1997 for grant of industrial
industries which are not in a position to obtain gas connections 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 outside TTZ.
The GAIL shall take final decision in respect of all the applications for grant
of gas connections by March 31, 1997 and communicate the allotment letters to
he individual industries.
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.
The GAIL shall commence supply of gas to the industries by June 30, 1997. As
soon as the gas supply to an industry commences, the supply of coke/coal to the
said industry shall be stopped with immediate effect.
The Corporation/Government shall finally decide and allot alternative plots,
before March 31, 1997, to the industries which are seeking relocation.
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 the new unit outside TTZ is
completely set up or not.
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.
The U.P. State Government/Corporation shall render all assistance to the
industries in the process of relocation.
allotment of plots, construction of factory buildings, etc. and issuance of any
licence/permissions, etc., shall be expedited and granted on priority basis.
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 window facility shall be set up by the U.P.State
Government within one month from today. The Registry shall communicate this
direction separately to the Chief Secretary, 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
The State Government shall frame a scheme for the use of the land which would
become available on account of shifting/relocation of the industries before
June 30, 1997.
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.
The shifting industries on the relocation in the new industrial estates shall
be given incentives in terms of the provisions of the Agra Master Plan and also
the incentives which are normally extended to new industries in new industrial
The workmen employed in the above-mentioned 292 industries shall be entitled to
the rights and benefits as indicated hereunder:-
The workmen shall have continuity of employment at the new town and place where
the industry is shifted.
terms and conditions of their employment shall not be altered to their
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.
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.
The workmen employed in the industries who do not intend to 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
25-B 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 Industrial Disputes Act. These workmen shall
also be paid, in addition, six years' wages as additional compensation.
The compensation payable to the workmen in terms of this judgment shall be paid
by the management within two months of the retrenchment.
The gratuity amount payable to any workman shall be paid in addition.
parting with this judgment, we may indicate that the industries in the TTZ
other than 292 industries shall be dealt with separately. We 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 monitoring in this respect before this Court on
April 4, 1997.
also indicate that this Court by order dated May 10, 1996 has stopped the
operation of all the brick kilns in the TTZ 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 be a useful step to
eliminate the pollution caused by fly-ash.
Court is separately monitoring the following issues for controlling air
pollution in TTZ:- (a) The setting up of hydrocracker unit and various other
devices by the Mathura Refinery.
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).
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).
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 t the TTZ.
is necessary to stop the operation of generating sets which are major source of
air pollution i the TTZ (Court orders dated April 10, 1996, May 10, 1996,
August 30, 1996, September 4, 1996 and September 10, 1996).
The construction of Gokul Barrage, water supply work of Gokul Barrage, roads
around Gokul Barrage, Agra Barrage and water supply of Agra Barrage, have also
been undertaken on a time schedule basis to supply drinking water to the
residents of Agra and to bring life into river Yamuna which is next to the Taj
(Court order dated May 10, 1996 and August 30, 1996.).
Green belt as recommended by NEERI has been set up around Taj. Pursuant to
continuous monitoring of this Court, the Green Belt has become a reality.
This Court suggested to the Planning Commission by order dated September 4,
1996 to consider sanctioning separate allocation for the city of Agra and the
creation of separate cell under the control of Central Government to safeguard
and preserve the Taj, the city of Agra and other national heritage monuments in
All emporia and shops functioning Within the Taj premises have been directed to
Directions have been issued to the Government of India to decide the issue,
pertaining to declaration of Agra as heritage city within two months.
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 Court may
look into these matters on April 4, 1997.
issue relating to 292 industries is thus disposed of.
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