THE TAJ TRAPEZIUM CASE – M.C MEHTA Vs. UOI AND ORS.

INTRODUCTION

The Taj Trapezium case is a landmark decision in Indian environmental law, showcasing the tension between industrial growth and the preservation of cultural heritage.

The Taj Mahal is an ivory-white monument made by the Mughal emperor Shahjahan in the loving memory of his wife Mumtaz Mahal.

It is one of the world’s seven wonders and is known for its intricately beautiful architecture. The 10,400 sq km trapezium region around the Taj Mahal is known as the Taj Trapezium Zone (TTZ).

FACTS

Mr. M.C. Mehta, an environmentalist and public interest attorney, visited the Taj Mahal. Upon visit, he noticed that the white marble of the famed monument was turning yellow. To highlight this grave concern he filed a public interest litigation before the Supreme Court drawing attention to the deteriorating condition of the monument due to acid rain and the pollution in the atmosphere.

Pollutants like sulfur dioxide and nitrogen oxides when combined with moisture, formed acidic rain which corroded the marble of the monument. The insides of the Taj Mahal housing the intricate designs were severely damaged. Upon further investigation, it was noticed that industries such as foundries, chemical factories, and brick kilns were the main source of the pollution. The Mathura refinery and the glass industry of Firozabad were identified as a distant source of the damage. The continuous and apparent degradation of the Taj necessitated the intervention of legal and administrative authorities.

ISSUES BEFORE THE SUPREME COURT

1. Whether the Taj Trapezium Zone being significantly harmed by pollution affecting the Taj Mahal and its surroundings?
2. Whether or not the usage of coke/coal as an industrial fuel by the industry located in TTZ is the cause of deteriorating conditions of the Taj Mahal and the residents of that area.
3. Whether the government authorities take adequate measures to control pollution and protect this iconic monument?
4. What legal actions should be taken to mitigate pollution and ensure the long-term preservation of the Taj Mahal?

PLAINTIFFS ARGUMENT

• M. C. Mehta represented the plaintiff’s side and argued that the nearby industries of hazardous chemical factories, brick and lime processing factories, etc. operating around and near the monument are the main source of the damage suffered by the monument. According to the report of the central pollution board, the Mathura refinery and the Firozabad glass industries were also distant sources that contributed to the damage. He asserted the need for a detailed survey to find the actual sources.
• MC Mehta also highlighted the impacts of the acidic emissions that are emitted from these industries significantly contributing to acid rain which resultantly damages the ecosystem including the monument, and the environment.
• M.C Mehta further submitted before the court, the issue regarding the pipeline proposal and suggested that an alternative route from Auria or Babrala to Mathura would be beneficial, economical, and time-efficient instead of laying the pipeline from Bijapur to Dadri via Mathura. He argued that these pipelines would serve the industries in Firozabad and Agra.
• The apex court in this case also examined several reports presented by different authorities:

1. U.P Pollution Control Board Action

The reports submitted by the board highlighted the existence and prevalence of these polluting industries and their non-compliance with the pollution methods issued by the state. As a result of this report, many industries were shut down until they installed pollution control mechanisms.

2. The report by the Central Board for Prevention and Control of Water Pollution identifies the various polluting industries near Agra and their contribution to the damage to the environment.

3. NEERI Report and Recommendations- The National Environmental Engineering Research Institute (NEERI) inspected the damaging condition of the Taj Mahal’s marble due to the pollutants, especially sulfur dioxide. The report submitted by the institute recommended strategies like using natural gas and, the creation of a green belt around the refinery to mitigate pollution effects. It also focused on sulfur dioxide and other pollutant emission control measures

4. The Supreme Court in April 1994 examined the NEERI findings and acknowledged the affirmative actions suggested by the institute. They accepted that the industries near the  TTZ were the primary sources of pollution affecting the Taj Mahal. The court endorsed the recommendation of NEERI which included the potential relocation of polluting industries outside TTZ and the implementation of the green belt development plan as a method of mitigation.

5. The government also appointed the Varadharajan committee in 1994 to adhere to environmental concerns.

VARADHRAJAN COMMITTEE RECOMMENDATIONS

The committee expressed concern about pollution levels in Agra and recommended the creation of a monitoring authority to continuously examine emissions and air quality. The committee also moved to prevent new industries from causing pollution near the Taj Mahal.

The report depicted that the level of suspended particulate matter near the Taj Mahal is high and it was concluded that the sources of pollution in the Agra region were due to use by coal users. It proposed relocating the industries to avoid the emission towards monument.

 DEFENDANTS ARGUMENT

• Learned Senior Counsel defending the Uttar Pradesh Industrial Development Corporation (UPIDC) Mr. Venugopal said that the corporation would examine each demand and relocate the area outside TTZ to shift the industries
• Mr. Kapil Sibal and Mr. Sanjay Parekh representing most of the industries in TTZ informed the court that necessary steps were being taken to approach GAIL for gas connection. They also stated that this is a matter between industries and Gail and that all industries would accept gas as an industrial fuel the whole purpose is to stop air pollution by banishing coal from TTZ.

 JUDGEMENT

The NEERI Reports and the Varadharajan report along with others recommended the relocation of industries outside TTZ.

Upon examination, the apex court held that these industries were liable and that the principles of the environmental law would be applied in the Taj Trapezium case due to the following reasons:

1. SUSTAINABLE DEVELOPMENT

The concept advocates for a harmonious balance between development and the protection of the environment. The concept was first introduced at the Cocoyoc Declaration in 1972 and later received proper support at the Stockholm Conference.

2. PRECAUTIONARY PRINCIPLE

This is a fundamental approach that ensures that there is a burden of proof and this serves as a precautionary measure for any environmental harm. This involves taking measures to avoid the situation and make decisions sustainably.

3. POLLUTER PAYS PRINCIPLE

This is applied after the environmental degradation has taken place. This principle creates an absolute liability for the polluter.

4. ARTICLES IN THE CONSTITUTION

• Article 21 – Guarantees protection of life and personal liberty.
• Article 47- Enforces the duty of the state to raise the level of nutrition and standard of living and to improve public health.
• Article 48 A – directs that the state shall endeavor to protect the environment of the country and at the same time safeguard the wildlife of the country.
• Article 51 A (g)- It includes the fundamental duties that one citizen is expected to do such as compassion for all living things, and the responsibility to protect and enhance the natural environment which includes forests, lakes, rivers, and wildlife.

The apex court accepted that there was an environmental threat to the monument and finally delivered the judgment on 30th December 1996 by a division bench comprising Justice Kuldip Singh and Justice Faizaan Uddin.

1. The judgment recognized only a few industries located in the Taj Trapezium zone as the main source of pollution and ordered them to change to natural gas within a given time. If they failed to do so, they would stop functioning beyond 31st December 1997.
2. The Supreme Court ordered all industries using coke and coal to cease operations around Agra and mandated their relocation to industrial plots outside the Taj Trapezium Zone (TTZ). They also directed the U.P government to provide full assistance to these industries in their process of relocation.
3. The Supreme Court has directed the state government to ensure that employees and workers in the affected industries are not adversely impacted during the relocation process. Their right to a livelihood must be protected, and a relocation bonus should be offered. However, workers who choose not to relocate will be laid off after receiving compensation and a gratuity payment.
4. The apex court has also directed the central govt to prepare a comprehensive plan to protect the Taj Mahal. It emphasizes the need for an approach involving environmental conservation to safeguard the Taj Mahal.
5. The judgment mainly tried to preserve the balance between maintaining the interest of the industries and protecting the environment by applying the principle of sustainable development, the precautionary principle, and the polluter pays principle.

IMPACT & SIGNIFICANCE

The Taj Trapezium case was a very significant judgment that had a large impact on the issues of preservation of cultural heritage, Indian environmental law, and sustainable development in India.

PROTECTION OF THE TAJ MAHAL

The Supreme Court’s judgment led to significant policy implementations which included reductions in the pollution level around the Taj Mahal.

Industries around the Taj Trapezium zone were directed to either switch to cleaner fuels or relocate outside the zone. Regular cleaning and maintenance efforts were also adopted.

IMPACT ON THE INDIAN ENVIRONMENT LAW

The case became a landmark in the Indian environment law. This particular judgment also reinforced the idea of the judiciary’s role in enforcing environmental rights under Article 12. It established that environmental protection should take precedence over economic interests. It underscored the need for a balance between industrial growth with sustainability and cultural preservation.

INTRODUCTION OF CLEANER TECHNOLOGIES

Following the Supreme Court’s directive, polluting industries must adopt cleaner technologies. This decision resulted in reduced emissions in the TTZ but also set a precedent for other environmentally sensitive areas in the country.

The better preservation of the monument enhanced and improved Agra’s tourism-dependent economy. The case also created public awareness of the harmful effects of pollution in the surroundings.

CONCLUSION

The Taj Trapezium Case was a landmark environmental law case in India, that highlights the balance between industrial development and environment conservation. The Supreme Court in this case ruled in favor of the Taj Mahal from air pollution caused by the industries in the Taj Trapezium zone.

The case highlighted the importance of environmental preservation and protecting cultural heritage. This decision set a precedent for environmental justice in India.

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