LEGAL ASPECTS OF BUSINESSTaj Trapezium Case M C Mehta Vs Union of India Submitted by: (FMG 18 ² Section C) Karan Soni ² 91085 Anubha Rustagi ² 91126 Komal Soni ² 91138 Mithila Ahuja ² 91142 Richa Singhal ² 91162 Suvidhi Jain - 91163 Deepak Ahuja ² 91171 1 includes the right to a healthy environment . vehicular traffic and generator sets are primarily responsible for polluting the ambient air around Taj Trapezium Zone (TTZ). C. M. necessarily. It is contended that these air pollutants have damaging effect on Taj and people living in TTZ. Yellow pallor 2 . the foundries. M. M. which guarantees each citizen the right to life . It is inside The Taj that the decay is more apparent. He is an attorney in the supreme court of India. and director of the M.Introduction In this case a petition was filed by M. Industrial/Refinery emission. brick klins. The implications of this ruling are far reaching. 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. Mehta also played a key role in persuading Supreme Court of India to rule that Article 21 of the Indian Constitution. C. C. C. Mehta Environmental Foundation in New Delhi. C. including the Ganges Case Facts According to the petitioner. 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. 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. one of the key founders of the Indian Council for Enviro-Legal Action (ICELA). Mehta s landmark environmental cases in the supreme court of India have resulted in the protection of India s natural and cultural treasures Rives and the Taj Mahal from the adverse effects of pollution. The petition states that the white marble has yellowed and blackened in places. Mehta is perhaps the world s well known and effective environmental lawyer. In places the yellow hue is magnified by ugly brown and black spots. is also an industry by itself. 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. 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. Pursuant to the courts order. Fungal deterioration is worst in the inner chamber where the original graves of Shah-Jahan and Mumtaz Mahal lie. Subsequently. the reports of the Central Pollution Control Board under the title 3 . and asked the State to improve power supply towards the city. 400 square KMs in the shape of a trapezium to regulate activities in relation to the air pollution. It is a source of revenue for the country and a lot of people. 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. wherein it stated that public notice was published in two national newspapers calling upon the industries to file their replies during the extended time. More than two million tourists visit the Taj every year. The Court created a Taj Trapezium Zone which consisted of 10.pervades the entire monument. Industries were asked to shift to eco friendly fuel and use lessen the use of diesel generators. 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 court considered the affidavit filed by the board and directed the board to issue a public notice. Various orders were passed by the Court. the board filed affidavit. The court also referred the Report on Environmental Impact of Mathura Refinery (Varadharajan Committee) published by the Government of India in the year 1978. Tanneries operating from Agra were asked to shift from the Trapezium. 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 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. y 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. y Similar considerations may apply to large industries such as Fertiliser & Petrochemicals. Vardharajan Committee Report The Vardharajan Committee.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. which was constituted in May 1994. 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. by the MoEF. y Efforts may be made to relocate the existing small industries particularly the foundries. 4 . the following recommendations: y 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. 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. On the directions of the Hon ble Supreme Court. among others. made. Such industries which are likely to cause environmental pollution may not be located in the neighbourhood of the refinery. wood and fuel oil is estimated at 3. New Delhi. 1.28. (ii) Ferror-alloy and Non-Ferrous Castings using Crucibles. (iv) Lime Oxidation and Pulversing. Its relevant findings are as under: y Industrial activities which are in operation in Agra city and its outskirts could be categorized as (i) Ferrous Metal Casting using Cupolas (Foundry). (iii) other industries in Agra. and (v) vehicular traffic respectively. The vehicular contribution as estimated from traffic census in 6 road crossings is only 65 kg a day or 0. 2.065 tonnes a day and should be considered negligible for the present. (v) Engineering. (iv) two railway marshalling yards. y The contribution of sulphur dioxide through emission primarily from the combustion from the fuels comprising hard coke. Rotary Furnances etc.65 from (i) two thermal power stations. (iii) Rubber Processing.28. published a report. The Contribution of sulphur dioxide from the 5 recognised distinct discrete sources in tonnes per day are 2. 1. steam coal. y y 5 . (vi) Chemical. Central Pollution Control Board Report The Central Board for the Prevention and Control of Water Pollution.64 tonnes per day from industrial activities in the Agra City and its outskirts..21 and 0. and (vii) Brick and Refractory Kiln.y Location should be so chosen as to exclude any increase in environmental pollution in the area.36. (ii) foundries. gradual reduction of material occurs. The NEERI report examined in detail the decay mechanism of The Taj marble. 1993 regarding sulphur dioxide emission control measures at Mathura Refinery.9 per cent. weathering takes place if the marble is sheltered under domes and cornices. 6 . NEERI Report NEERI submitted its report dated October 16/18. is stated by NEERI as under: y The deterioration of marble occurs in two modes. How the deterioration of marble occurs. which after some period. The crusts are formed due to Sulphur Dioxide. The NEERI recommended the use of natural gas. as the reaction products are washed away by rainfall and fresh marble is exposed. the relative contributions from the other 4 distinct sources are 32. but the cumulative effects of all pollutants are more damaging. improved sulphur Recovery Unit. y In the first mode. setting up of Hydro cracking unit. exfoliates due to mechanical stresses.9 to be exact) cut down of sulphur dioxide emission is expected.y Omitting contribution from vehicular traffic as because it is considered negligible. 32. y In case of marble exposed to rain. and protected from direct impact of rain. With the elimination of the first and the fourth sources by closing down the two y thermal power stations and replacing coal fired steam engines by diesel engines in the two railway marshalling yards about 50 per cent (48. Here a crust is formed. 19 and 16. Chemobiochemical Sulphur Recovery and the setting up of green belt around the refinery. Manganese.y It is also observed that trace metals present in fly ash and suspended particulate matter. Iron and Vanadium act as catalysts for oxidation of Sulphur Dioxide. 7 . and in turn enhance degradation of marble calcite to gypsum.g. e. 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 source. Varadharajan found substantial level of air pollution because of sulphur dioxide and SPM in the Agra region. 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. 8 . 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. NEERI reports have clearly recommended the relocation of the industries from the TTZ.e.Implications There was no contradiction between the various sets of report i.. In the 1978 Report. 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 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. was the coal-users including approximately 250 small industries mainly foundries. This court by an order dated February 11. The court further directed the U. according to the report.P. The excess of SPM (Suspended Particulate Matter) was because of the use of coal. two Varadharajan Reports (1978 and 1995) and the various NEERI reports placed on record. 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.human life apart . In any case. the environmental measures must anticipate. 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. Rubber Sole. in view of the precautionary principle. The whole purpose is to stop air pollution by banishing coke/coal from TTZ.the preservation of a prestigious monument like The Taj is involved. It is. prevent and attack the causes of environmental degradation. The industries operating in TTZ which are given gas connections to run the industries need not relocate. rather.P. The GAIL has already invited the industries in TTZ to apply for gas connections. 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. Refractory Brick. Chemical.The Court Order The court ordered the shifting of the industries from the Taj Trapezium in a phased manner. Not even one percent chance can be taken when . The atmospheric pollution in TTZ has to be eliminated at any cost. NEERI s report indicates that the maximum pollution to the ambient air around Taj Mahal is caused by the industries located in Agra. 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. The onus of proof is on an industry to show that its operation with the aid of coke/coal is environmentally benign. 9 . The U. 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. Pit Furnaces. 1997. y GAIL was asked to commence supply of gas to the industries by June 30. The industries which are not in a position to obtain gas connections any reason for shall stop functioning with the aid of coke/coal in the TTZ and may relocate themselves as per the directions given. 10 . y 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 for allotment of alternative plots in the industrial estates outside TTZ. 1997 for grant of industrial gas connection. y 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. held that the 292 industries shall change-over to the natural gas as an industrial fuel. y 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 the supply of coke/coal to the industries was banned effective from the start date of gas supply to an industry. Action Plan y The industries were asked to approach GAIL before February 15. 1997 and communicate the allotment letters to the individual industries. The District Magistrate and the Superintendent of Police were asked to comply with this order. Supply of coke/coal to these industries was stopped by the order.The court therefore. y 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. etc. The relocating industries were asked to stop functioning in TTZ beyond December 31. to the industries which were seeking relocation. before March 31. 1997. State Government within one month of the judgment. State Government/Corporation was asked render all assistance to the industries in the process of relocation. were asked to be expedited and granted on priority basis.P. and issuance of any license/permissions. y The relocating industries were given the option to set up their respective units in the new industrial estates outside TTZ.y The Corporation/Government was given the authority to finally decide and allot alternative plots. 1997 was unconditional and irrespective of the fact whether the new unit outside TTZ was completely set up or not. y The Deputy Commissioner. 11 . 1997 which were to be relocated by the date as directed by the court. 1997. 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 closure by December 31. etc. y The U.. y 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.P. construction of factory building. Agra was asked to ensure the closure of all the industries on December 31. y In order to facilitate shifting of industries from TTZ. The responsibility to set up this single window facility was given to the U. 1997. The allotment of plots. Agra and the Superintendent (Police). were deemed to have been retrenched by May 31. The gratuity amount payable to any workmen was ordered to be paid in addition. 1997. provided they have been in continuous service (as defined in Section 25-B of the Industrial Disputes Act. The workmen employed in the industries who did not intend to relocate/obtain natural gas and opt for closure. 1947) for not less than one year in the industries concerned before the said date. 12 . 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 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. 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.y 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 construction of Gokul Barrage. y This Court also mentioned some issues that it intended to monitor for controlling air pollution in TTZ. 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. Those were The hydrocracker unit and various other devices by the Mathura Refinery which were proposed to be set up. apart from 292 mentioned. within one month of the judgment date. 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. roads around Gokul Barrage. Agra Barrage and water supply of Agra Barrage. Green belt as recommended by NEERI around Taj. Construction of Agra bypass to divert all the traffic which passes through the city. The Court suggested to the Planning Commission by order dated September 4.y The court also ordered to issue notice inviting applications for gas connection or relocation from the other industries. water supply work of Gokul Barrage. the city of Agra and other national heritage monuments in the TT. 13 . y 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. All emporia and shops functioning within the Taj premises were directed to be closed. 14 . The officials of the Central Pollution Control Board were also directed for inspection of the Green Belt area in every three months.Current Status Now. on the basis of the report submitted by the NEERI regarding development of green belt around Taj Mahal. Advocate and two senior scientists of the Central Pollution Control Board. Earlier.2. the Hon ble Supreme Court on 30. As per the information given by the Government of Uttar Pradesh to the Hon ble Supreme Court.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.1996 and 3.1996. The Mahajan Committee was consisted of Shri Krishan Mahajan.8.8. The Hon ble Supreme Court on 30. Government of India for monitoring and maintenance of the trees planted in the green belt. The Central 15 . none of the 292 industries is using coal/coke as fuel.12. the present operational status of those industries is as follows: Units closed Units based on electricity : : 187 53 42 03 07 Units based on CNG/LPG/Electricity : Units not using any fuel Units not found : : ____________ Total : 292 ___________ Further Results: Constitution of Mahajan Committee The Mahajan Committee was constituted by the orders of the Hon ble Supreme Court dated 5.1996 directed the Ministry of Environment & Forests. The Central Pollution Control Board submitted a detailed proposal for establishing four air quality monitoring stations in Agra region before the Court. Agra and the premises of the Taj and submitted its report with its recommendations.9. dated 13. Compliance of direction of the Hon ble Supreme Court by the Mission Management Board.11. The Hon ble Court on 7.2001 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. The Central Board has established four ambient air quality monitoring stations in Agra and these stations have been commissioned in the month of January. On the directions of the Hon ble Supreme Court. 16 . is monitoring several other important issues which were directly related to the pollution problems of Agra and TTZ area. Apart from the establishment and operation of four monitoring stations in Agra. the Hon ble Supreme Court. 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. 2002.2000 the Central Pollution Control Board inspected the Foundry Nagar Industrial area. 2002. Monitoring reports are being submitted to the Hon ble Court on regular basis since February.Pollution Control Board had submitted so far 35 reports in compliance of the Hon ble Supreme Court orders. The following issues are under active consideration of the Hon ble Supreme Court: y y Industries located in Agra including foundry units.5.2000 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. The Hon ble court considered the proposal of the Central Board and accepted the recommendations of the Mahajan Committee in the matter on 4. 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. y y 17 . Unauthorized construction within 100 metre from the southern gate of the Taj Mahal.y y y y y y y y Traffic management & encroachment within the 500 metre zone of the Taj Mahal. Opening of Taj Mahal in the night. Promotion of Non-Conventional Energy Source. and Security of Taj Mahal. Agra Heritage Fund. Brick kilns located 20 km away from Taj Mahal or any other significant monument in the TTZ area including Bharatpur Bird Sanctuary . Supply of gas to the industries located in Firozabad. Booking window at Taj Mahal for collection of Toll Tax. Slaughter house. in/chapter1. http://envfor.htm y Ten Point Initiative for reduction of pollution in Taj. http://www1.pdf y TAJ POLLUTION MATTER.References y MC Mehta vs Union of India. http://moef. http://www.C. W.thesalmons.(C) No. Chandur .nic.in/legis/ecozone/taj-aut.edu/ted/taj.in/downloads/public-information/Env-post-Eval1.in/problems%20pdf/TAJ%20POLLUTION%20MATTER.nic.in/envtaj.P. http://www.htm y Environmental Post Evaluation of the Projects under the Schemes in the Taj Trapezium Zone. http://petroleum.org/lynn/india-pollut.cercind.mse. Institutions of Engineers. http://envis. TED Case Study.gov.html y Ministry of Environment and Forests Order in regards to Taj Trapezium Case. http://www.nic.html y The Taj Mahal: Pollution and Tourism. Ministry of Petroleum and Natural Gas.elaw.pdf y Review of the existing environmental norms.org/node/2531 y Air Pollution in Agra ± Bhatia.13381/1984. Environmental law Alliance worldwide.Mehta Vs UOI & Ors.pdf 18 .american. M.ac.