Writ Petition (C) No. 13381 of 1984 (Under Article 32 of the Constitution of India). Case: M. C. Mehta (Taj Trapezium Matter) Vs Union of India and Others. Supreme Court (India)
| Case Number | Writ Petition (C) No. 13381 of 1984 (Under Article 32 of the Constitution of India) |
| Counsel | For the Appellant: M. C. Mehta, Ms. Seema Midha, Ranjit Kumar, Krishan Mahajan and Vijay Panjwani, Advocates and For the Respondent: D. V. Seghal, P. P. Malhotra, Arun Jaitley, Sr. Advocates T. Mahipal, Pradeep Misra, Hemant Sharma, Ms. Niranjana Singh, Ms. Suchitra A. Chitale, R. Jagannath Gowley, B. K. Prasad, Sanjay Parikh, D. N. Mishra, S.... |
| Judges | Faizanuddin & Kuldip Singh, JJ. |
| Issue | Constitution Of India, 1950; Air (Prevention and Control of Pollution) Act, 1981; Environment (Protection) Act, 1986; Uttar Pradesh Industrial Disputes Act, 1947; Bombay Industrial Disputes Act, 1938; Oil And Natural Gas Commission Water (Prevention And Control Of Pollution) Act, 1974 |
| Citation | AIR 1997 SC 734,1997 ALJ 254, 1997 (2) SCC 353, 1997 LIC 667, 1997 (1) CLT 1, 1996 CPJ 1, 1997 (1) Scale 61, 1997 (1) Supreme 418 |
| Judgement Date | December 30, 1996 |
| Court | Supreme Court (India) |
Judgment:
Kuldip Singh, J.
Taj 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 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 beholder in a manner never to be forgotten. It stands out as one of the most priceless national monuments, of surpassing beauty and worth, a glorious tribute to man's achievement in Architecture and Engineering
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Lord Robert 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. Angles 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 spellbound for a few minutes at this lovely apparition; it hardly seems of the earth. It is more like a dream of celestial beauty, no words can describe it. We felt that all previous sights were damned in comparison. No such effect is produced by the first view of St. Peter's or Milan or Cologne Cathedrals. They are all majestic, but this is enchantment itself. So perfect is its form that all other structures seem clumsy."
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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 sits (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 beset 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 generators. Constitution of the proposed Agra Ring Road and Bypass that would divert the estimated daily 6, 50, 000 tons of trans-India truck traffic financing. Strict controls on industrial pollution established in 1982 are being intensively enforced following a 1993 Supreme Court Order. The Asian Development Bank's proposed $300 million loan to the Indian Government to finance infrastructure improvements would provide the opportunity to solve the chronic problems. Agra contains three World Heritage Sites, including the Taj Mahal."
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According to the petitioner, the foundries, chemical/hazardous industries and the refinery at Mathura are the major sources of damages to the Taj. The Sulphur Dioxide emitted by the Mathura Refinery and the industries when combined with Oxygen - with the aid of moisture - in the atmosphere 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 no its way to degradation due to atmosphere 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
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The Report of the Expert Committee called "Robert 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. Even 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 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 Fertilizer and 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. Location 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 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 emissions 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 covered 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 precautions 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 studies 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.
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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 (i) Ferrous Metal Casting using Cupolas (Foundry); (ii) Ferro-alloy and Non-Ferrous Castings using Crucibles, Rotary Furnaces etc.; (iii) Rubber Processing; (iv) Lime Oxidation and Pulverising; (v) Engineering; (vi) Chemical; and (vii) Brick and Refractory Kilns (Table 4-1).... The 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 Agra City and its outskirts (Table 5-3). The vehicular contribution as estimated from traffic census in 6 road crossing is only 65 kgs 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 2.28, 2.28, 1.36, 1.21 and 0.065 from (i) two thermal power stations, (ii) foundries, (iii) other industries in Agra, (iv) two railway marshaling yards and (v) vehicular traffic respectively. 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."
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The National Environment Engineering Research Institute (NEERI) gave an "Overview 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...
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Civil Appeal Nos. 1134-1135 of 2002. Case: State of Uttaranchal Vs Balwant Singh Chaufal and Others. Supreme Court (India)
...be permitted to continue to be in existence for the adverse effect on the public at large. In M.C. Mehta v. Union of India & Others AIR 1997 SC 734, this court observed that in order to preserve and protect the ancient monument Taj Mahal from sulphurdioxide emission by industries near T......
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