taj trapezium case (1)
TRANSCRIPT
LEGAL ASPECTS OF BUSINESS
Taj Trapezium CaseM C Mehta Vs Union of India
Submitted by: (FMG 18 – Section C)
Karan Soni – 91085Anubha Rustagi – 91126
Komal Soni – 91138Mithila Ahuja – 91142Richa Singhal – 91162
Suvidhi Jain - 91163Deepak Ahuja – 91171
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Introduction
In this case a petition was filed by M. C. Mehta for the relocation of industries from Taj
Trapezium Zone (TTZ) to prevent damage to Taj Mahal from air pollution through
emissions generated by coke or coal industries. It is contended that these air pollutants
have damaging effect on Taj and people living in TTZ.
M. C. Mehta is perhaps the world’s well known and effective environmental lawyer. He is an
attorney in the supreme court of India, one of the key founders of the Indian Council for
Enviro-Legal Action (ICELA), and director of the M. C. Mehta Environmental Foundation in
New Delhi. M. C. Mehta’s landmark environmental cases in the supreme court of India have
resulted in the protection of India’s natural and cultural treasures – including the Ganges
Rives and the Taj Mahal – from the adverse effects of pollution.
M. C. Mehta also played a key role in persuading Supreme Court of India to rule that Article
21 of the Indian Constitution, which guarantees each citizen the “right to life”, necessarily,
includes the “right to a healthy environment”. The implications of this ruling are far
reaching. Each Indian citizen now has the right to seek enforcement of India’s
environmental laws by filling a writ petition to the Supreme Court of India or a State High
Court.
Case Facts
According to the petitioner, the foundries, chemical/hazardous industries and the refinery
at Mathura are the major sources of the damage to the Taj Mahal. The sulphur dioxide
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 emission, brick–klins,
vehicular traffic and generator sets are primarily responsible for polluting the ambient air
around Taj Trapezium Zone (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
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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 Mahal.
The court considered the affidavit filed by the board and directed the board to issue a
public notice. Pursuant to the courts order, the board filed affidavit, wherein it stated that
public notice was published in two national newspapers calling upon the industries to file
their replies during the extended time. The affidavit also states that all listed industries
were polluting industries and 507 out of them had not even installed any air pollution
control device. The 212 industries that did not respond to the notice and failed to take any
steps towards installing the pollution control devices and were closed by order dated 27th
august 1993.
The Court observed that the Taj Mahal apart from being the cultural heritage, is also an
industry by itself. More than two million tourists visit the Taj every year. It is a source of
revenue for the country and a lot of people. Various orders were passed by the Court. The
Court created a Taj Trapezium Zone which consisted of 10, 400 square KMs in the shape of
a trapezium to regulate activities in relation to the air pollution. Industries were asked to
shift to eco friendly fuel and use lessen the use of diesel generators, and asked the State to
improve power supply towards the city. Tanneries operating from Agra were asked to shift
from the Trapezium. The Pollution Control Boards [State and Central] were asked to
monitor any further deterioration in the quality of air and report the same to the Court.
Further the Court asked the government to take steps to undo the wrong on the
environment and the white marbles at Taj Mahal and to take clean up operations.
The court also referred the “Report on Environmental Impact of Mathura Refinery”
(Varadharajan Committee) published by the Government of India in the year 1978.
Subsequently, the reports of the Central Pollution Control Board under the title
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“Inventory and Assessment of Pollution Emission: In and Around Agra-Mathura
Region” and the report of the National Environmental Engineering Research Institute
(NEERI) entitled “Over-View Report” regarding status of air pollution around the Taj
published in the year 1990 were also referred.
On the directions of the Hon’ble Supreme Court, the NEERI and the Ministry of
Environment & Forests had undertaken an extensive study for re-defining the TTZ (Taj
Trapezium Zone) and re-alienating the area management environmental plan.
Vardharajan Committee Report
The Vardharajan Committee, which was constituted in May 1994, by the MoEF. made,
among others, the following recommendations:
Steps may be taken to ensure that no new industry including small industries or
other units which can cause pollution are located north west of the Taj Mahal.
Efforts may be made to relocate the existing small industries particularly the
foundries, in an area south east of Agra beyond the Taj Mahal so that emissions from
these industries will not be in the direction of the monuments.
Similar considerations may apply to large industries such as Fertiliser &
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.
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Location should be so chosen as to exclude any increase in environmental pollution
in the area.
Central Pollution Control Board Report
The Central Board for the Prevention and Control of Water Pollution, New Delhi, published
a report. Its relevant findings are as under:
Industrial activities which are in operation in Agra city and its outskirts could be
categorized as (i) Ferrous Metal Casting using Cupolas (Foundry); (ii) Ferror-alloy
and Non-Ferrous Castings using Crucibles, Rotary Furnances etc., (iii) Rubber
Processing; (iv) Lime Oxidation and Pulversing; (v) Engineering; (vi) Chemical; and
(vii) Brick and Refractory Kiln.
The contribution of sulphur dioxide through emission primarily from the
combustion from the fuels comprising hard coke, steam coal, wood and fuel oil is
estimated at 3.64 tonnes per day from industrial activities in the Agra City and its
outskirts.
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.
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) vehicular traffic respectively.
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Omitting 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 fourth sources – by closing down the two
thermal power stations 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.”
NEERI Report
NEERI submitted its report dated October 16/18, 1993 regarding sulphur dioxide emission
control measures at Mathura Refinery. The NEERI recommended the use of natural gas,
setting up of Hydro cracking unit, improved sulphur Recovery Unit, Chemobiochemical
Sulphur Recovery and the setting up of green belt around the refinery.
The NEERI report examined in detail the decay mechanism 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 more damaging.
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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.
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Implications
There was no contradiction between the various sets of report i.e., two Varadharajan
Reports (1978 and 1995) and the various NEERI reports placed on record. 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
(Suspended Particulate Matter) was because of the use of coal. 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 TTZ.
This court by an 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.
The NEERI Report dated 7-3-1994 on Fuel Supply Alternatives suggested that Natural Gas
can be considered for use only in new industrial sites.
The court further directed the U.P. State Industrial Development Corporation 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 court also directed 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.
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The Court OrderThe court ordered the shifting of the industries from the Taj Trapezium in 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. The U.P. State Pollution Control Board
was directed 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, Refractory 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.
Various orders were passed by the Court from time to time 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. 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.
Based on the reports of various technical authorities the court held 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 percent 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, 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.
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The court therefore, held that the 292 industries shall 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.
Action Plan
The industries were asked to approach GAIL before February 15, 1997 for grant of
industrial gas connection.
The industries which were not in a position to obtain gas connections and also the
industries which did not wish to obtain gas connections were asked to approach the
UPSIDC before February 28, 1997 for allotment of alternative plots in the industrial
estates outside TTZ.
The GAIL was given the authority to take final decision in respect of all the
applications for grant of gas connections by March 31, 1997 and communicate the
allotment letters to the individual industries.
Those industries which neither applied for gas connection nor for alternative
industrial plot were asked to stop functioning with the aid of coke/coal in the TTZ
with effect from April 30, 1997. Supply of coke/coal to these industries was stopped
by the order. The District Magistrate and the Superintendent of Police were asked to
comply with this order.
GAIL was asked to commence supply of gas to the industries by June 30, 1997 and
the supply of coke/coal to the industries was banned effective from the start date of
gas supply to an industry.
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The Corporation/Government was given the authority to finally decide and allot
alternative plots, before March 31, 1997, to the industries which were seeking
relocation.
The relocating industries were given the option to set up their respective units in
the new industrial estates outside TTZ. The relocating industries were asked to stop
functioning in TTZ beyond December 31, 1997. The closure by December 31, 1997
was unconditional and irrespective of the fact whether the new unit outside TTZ
was completely set up or not.
The Deputy Commissioner, Agra and the Superintendent (Police), Agra was asked to
ensure the closure of all the industries on December 31, 1997 which were to be
relocated by the date as directed by the court.
The U.P. State Government/Corporation was asked render all assistance to the
industries in the process of relocation. The allotment of plots, construction of
factory building, etc., and issuance of any license/permissions, etc. were asked to be
expedited and granted on priority basis.
In order to facilitate shifting of industries from TTZ, the State Government and all
other authorities were advised to 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 responsibility to set up this single window facility was given to the
U.P. State Government within one month of the judgment.
The State Government was asked to frame a scheme for the use of the land which
was needed on account of shifting/relocation of the industries before June 30, 1997.
The shifting industries on the relocation in the new industrial estates were entitled
to receive incentives in terms of provisions of the Agra Master Plan and also the
incentives which are normally extended to new industries in new industrial estates.
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The workmen employed in the above-mentioned 292 industries were declared
entitled to the rights and benefits as like:
Continuity of employment at the new town and place where the
industry is shifted with same terms and conditions of employment.
The period between the closure of the industry in Agra and its restart
at the place of relocation was ordered to be treated as active
employment and the workmen had to be paid their full wages with
continuity of service.
All those workmen who agreed to shift with the industry had to be
given one year’s wages as ‘shifting bonus’ to help them settle at the
new location.
The workmen employed in the industries who did not intend to
relocate/obtain natural gas and opt for closure, were 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.
The compensation payable to the workmen in terms of this judgment
was asked to be paid by the management within two months of the
retrenchment.
The gratuity amount payable to any workmen was ordered to be paid
in addition.
The court also ordered to issue notice inviting applications for gas connection or
relocation from the other industries, apart from 292 mentioned, within one month
of the judgment date.
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The court also ordered to supply the fly ash produced by te thermal power plants to
the brick kilns with the objective to reduce pollution caused by fly ash.
This Court also mentioned some issues that it intended to monitor for controlling air
pollution in TTZ. Those were
The hydrocracker unit and various other devices by the Mathura
Refinery which were proposed to be set up.
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.
Construction of Agra bypass to divert all the traffic which passes
through the city.
The construction of Gokul Barrage, water supply work of Gokul
Barrage, roads around Gokul Barrage, Agra Barrage and water supply
of Agra Barrage.
Green belt as recommended by NEERI around Taj.
The Court suggested to the Planning Commission by order dated
September 4, 1996 to consider sanctioning separate allocation for the
city of Agra and the creation of 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.
All emporia and shops functioning within the Taj premises were
directed to be closed.
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Current Status
Now, none of the 292 industries is using coal/coke as fuel. As per the information given by
the Government of Uttar Pradesh to the Hon’ble Supreme Court, the present operational
status of those industries is as follows:
Units closed : 187
Units based on electricity : 53
Units based on CNG/LPG/Electricity : 42
Units not using any fuel : 03
Units not found : 07
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Total : 292
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Further Results: Constitution of Mahajan Committee
The Mahajan Committee was constituted by the orders of the Hon’ble Supreme Court dated
5.2.1996. The Mahajan Committee was consisted of Shri Krishan Mahajan, Advocate and
two senior scientists of the Central Pollution Control Board. The Hon’ble Supreme Court on
30.8.1996 directed the Mahajan Committee to inspect the progress of the green belt
developed around the Taj Mahal every three months and submit progress report in the
Court for the period of next three years.
Earlier, on the basis of the report submitted by the NEERI regarding development of green
belt around Taj Mahal, the Hon’ble Supreme Court on 30.8.1996 and 3.12.1996 directed the
Ministry of Environment & Forests, Government of India for monitoring and maintenance
of the trees planted in the green belt. The officials of the Central Pollution Control Board
were also directed for inspection of the Green Belt area in every three months. The Central
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Pollution Control Board had submitted so far 35 reports in compliance of the Hon’ble
Supreme Court orders.
On the directions of the Hon’ble Supreme Court, dated 13.9.2000 the Central Pollution
Control Board inspected the Foundry Nagar Industrial area, Agra and the premises of the
Taj and submitted its report with its recommendations. The Hon’ble Court on 7.11.2000
while accepting the recommendations of the Central Board directed that the four Ambient
Air Quality Monitoring Stations be installed in Agra region and these stations be run
continuously for one year all the seven days in a week. These air quality monitoring
stations are to be run by the Central Pollution Control Board and monitoring report of
these stations be submitted in the Court every month. The Central Pollution Control Board
submitted a detailed proposal for establishing four air quality monitoring stations in Agra
region before the Court. The Hon’ble court considered the proposal of the Central Board
and accepted the recommendations of the Mahajan Committee in the matter on 4.5.2001
and directed that the full cost towards the hardware for monitoring stations and hardware
for Central Laboratory would be provided by the Mission Management Board (MMB)
(functioning under the Ministry of Environment, Government of Uttar Pradesh and is
located in Lucknow) and with regard to the remaining amount of operational cost would be
made available by the Central Government to the Central Pollution Control Board within
four weeks from the date of the order. The Central Board has established four ambient air
quality monitoring stations in Agra and these stations have been commissioned in the
month of January, 2002. Monitoring reports are being submitted to the Hon’ble Court on
regular basis since February, 2002.
Apart from the establishment and operation of four monitoring stations in Agra, the
Hon’ble Supreme Court, is monitoring several other important issues which were directly
related to the pollution problems of Agra and TTZ area. The following issues are under
active consideration of the Hon’ble Supreme Court:
Industries located in Agra including foundry units;
Compliance of direction of the Hon’ble Supreme Court by the Mission Management Board;
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Traffic management & encroachment within the 500 metre zone of the Taj Mahal;
Slaughter house;
Agra Heritage Fund;
Opening of Taj Mahal in the night;
Unauthorized construction within 100 metre from the southern gate of the Taj Mahal;
Booking window at Taj Mahal for collection of Toll Tax;
Supply of gas to the industries located in Firozabad;
Brick kilns located 20 km away from Taj Mahal or any other significant monument in the TTZ area including Bharatpur Bird Sanctuary ;
Promotion of Non-Conventional Energy Source; and
Security of Taj Mahal.
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References MC Mehta vs Union of India, Environmental law Alliance worldwide,
http://www.elaw.org/node/2531
Air Pollution in Agra – Bhatia, Chandur , Institutions of Engineers,
http://www.thesalmons.org/lynn/india-pollut.html
Ministry of Environment and Forests Order in regards to Taj Trapezium Case,
http://envfor.nic.in/legis/ecozone/taj-aut.html
The Taj Mahal: Pollution and Tourism, TED Case Study,
http://www1.american.edu/ted/taj.htm
Ten Point Initiative for reduction of pollution in Taj, Ministry of Petroleum and Natural
Gas, http://petroleum.nic.in/envtaj.htm
Environmental Post Evaluation of the Projects under the Schemes in the Taj Trapezium
Zone, http://moef.nic.in/downloads/public-information/Env-post-Eval1.pdf
TAJ POLLUTION MATTER, M.C.Mehta Vs UOI & Ors. W.P.(C) No.13381/1984,
http://envis.mse.ac.in/problems%20pdf/TAJ%20POLLUTION%20MATTER.pdf
Review of the existing environmental norms, http://www.cercind.gov.in/chapter1.pdf
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