1996 (12) TMI 423 - SC - Indian Laws

Summary

Issues Involved:
1. Deterioration of the Taj Mahal due to pollution.
2. Identification of pollution sources.
3. Recommendations and measures to control pollution.
4. Relocation of polluting industries.
5. Use of alternative fuels.
6. Legal principles and constitutional provisions.
7. Implementation and monitoring of court orders.

Detailed Analysis:

1. Deterioration of the Taj Mahal due to pollution:
The judgment acknowledges the significant aesthetic and historical value of the Taj Mahal, describing it as a monument of "surpassing beauty and worth." However, it is threatened by "deterioration and damage" due to pollution, particularly from industrial emissions, vehicular traffic, and other sources.

2. Identification of pollution sources:
The court identifies several sources of pollution affecting the Taj Mahal, including foundries, chemical/hazardous industries, the Mathura Refinery, brick-kilns, vehicular traffic, and generator-sets. The "sulphur dioxide emitted by the Mathura Refinery and the industries" combines with oxygen and moisture to form "sulphuric acid," leading to acid rain that corrodes the marble.

3. Recommendations and measures to control pollution:
Various expert reports, including those from the Varadharajan Committee and NEERI, recommend several measures:
- Relocation of polluting industries.
- Use of cleaner fuels like natural gas.
- Establishment of a green belt around Agra.
- Continuous monitoring of air quality and emissions.

4. Relocation of polluting industries:
The court orders the relocation of 292 identified industries from the Taj Trapezium Zone (TTZ) to areas outside the zone. The industries are directed to apply for gas connections or alternative plots by specific deadlines. Industries that fail to comply will face immediate cessation of operations using coke/coal.

5. Use of alternative fuels:
The court emphasizes the transition to natural gas as an industrial fuel to mitigate pollution. The Gas Authority of India Limited (GAIL) is tasked with supplying natural gas to the industries by June 30, 1997. Industries that do not switch to gas must relocate.

6. Legal principles and constitutional provisions:
The judgment invokes the "precautionary principle" and the "polluter pays principle" as essential features of "sustainable development." It references Article 21 of the Constitution of India, which guarantees the protection of life and personal liberty, and other articles mandating the protection and improvement of the environment.

7. Implementation and monitoring of court orders:
The court outlines a detailed schedule for the implementation of its orders, including deadlines for industries to apply for gas connections or relocation, and the responsibilities of various authorities in facilitating the transition. The court also highlights ongoing monitoring of related issues, such as the setting up of a green belt, construction of infrastructure, and ensuring uninterrupted electricity supply to the TTZ.

Conclusion:
The judgment is a comprehensive directive aimed at preserving the Taj Mahal by addressing the root causes of pollution through stringent measures, including the relocation of industries and the adoption of cleaner fuels. The court's orders are backed by expert recommendations and legal principles, ensuring a balanced approach to development and environmental protection.