The Taj Trapezium Case

 

Background

 

This case is popularly called as the Taj Trapezium case. Taj Trapezium refers to a place of 10 million sq. m. trapezium shaped place round Taj Mahal overlaying 5 districts within side the location of Agra. Taj Mahal is one of the maximum famous and exquisite monuments of the world. Taj is one of the high-quality examples of the Mughal structure in India. It turned into declared as a UNESCO World Heritage Site in 1983. In 1984, M.C. Mehta, a public hobby attorney visited Taj Mahal. He noticed that the monument’s marble had became yellow and turned into pitted due to pollution from close by industries. This pressured Mehta to record this petition earlier than the Supreme Court[1]. The writ petition turned into connected with the file of the Expert Committee called “Report on Environmental Impact of Mathura Refinery” (Varadharajan Committee) posted through the Government of India in 1978. The file indicated the reassets of pollutants withinside the Taj Trapezium Zone (TTZ). The Central Board for the Prevention and Control of Water Pollution, New Delhi, posted its file on (Control of Urban Pollution Series) titled as “Inventory and Assessment of Pollution Emission in and Around Agra-Mathura Region”. It categorised the industries in Agra and its outskirts into seven unique categories. They gave a few information approximately the pollutants ranges and that they had been pretty high. And stated that through last down thermal energy stations and changing coal through diesel withinside the railway yards Sulphur dioxide emissions may be reduce down through 50%.

Issue

  • The foundries, chemical industries, and the refinery are the major sources of the damage to the Taj Mahal. Gases like Sulphur-dioxide emitted by these industries combine with Oxygen with the help of moisture in the atmosphere and result in “Acid Rain”. This has a corroding effect on the marble of the Taj Mahal.
  • Damage to the marble used in the Taj Mahal is visible. A yellow pallor pervades the entire monument. At some places the yellow spots are magnified by ugly brown and black spots.
  • Taj Mahal is a monument of international repute. However, it is on its way to degradation due to atmospheric pollution. Thus, the petitioner sought directions from the Court to the authorities to take effective measures against the concerned polluters.

 

Judgement

The court on this judgment has recounted the reality that the Taj is threatened with deterioration and harm now no longer handiest with the aid of using the conventional reasons of decay, however additionally with the aid of converting social and monetary situations which worsen the state of affairs with even greater bold phenomena of harm or destruction. The Court took into attention reviews of numerous professional government and discovered out that the emissions generated through the industries are in reality air pollution and feature a corroding impact now no longer only on the marble used within side the Taj however additionally at the human beings dwelling in the Taj Trapezium Zone. The atmospheric pollutants in TTZ must be decreased at any cost.

The court on this judgment has recounted the reality that the Taj is threatened with deterioration and harm now no longer handiest with the aid of using the conventional reasons of decay, however additionally with the aid of converting social and monetary situations which worsen the state of affairs with even greater bold phenomena of harm or destruction. The Court took into attention reviews of numerous professional government and discovered out that the emissions generated through the industries are in reality air pollution and feature a corroding impact now no longer only on the marble used within side the Taj however additionally at the human beings dwelling in the Taj Trapezium Zone. The atmospheric pollutants in TTZ must be decreased at any cost.

The Court determined to address the industries aside from those 292 industries one after the other and directed the Board to problem separate notices and additionally public notices to the last industries withinside the TTZ to use for gas connection/relocation The Court similarly ordered to forestall the operation of all of the brick kilns in the TTZ. The bench additionally ordered that the fly ash produced in the method of the functioning of thermal flowers can be provided to the brick kilns for the development of bricks. This could be a beneficial step to take away the pollutants due to fly ash.

The court similarly directed the subsequent to reveal the air pollutants in TTZ –

  1. The putting in of hydro cracker unit and numerous different gadgets through the Mathura Refinery.
  2. The putting in of fifty mattress health center and cell dispensaries through the Mathura Refinery to offer scientific resource to the human beings dwelling in Taj Trapezium Zone.
  3. Construction of Agra skip to divert all of the visitors which passes via the metropolis of Agra. (d) Additional quantity of Rs. 99.54 crores sanctioned through the Planning Commission to be used by the State Government for the development of strength deliver initiatives to make sure a hundred in line with cent uninterrupted strength to the TTZ.
  4. The creation of Gokul Barrage, water deliver paintings of Gokul Barrage, roads round Gokul Barrage, Agra Barrage and water deliver of Agra barrage, have additionally been undertaken on a time agenda foundation to deliver ingesting water to the citizens of Agra and to deliver existence into river Yamuna that is subsequent to the Taj (Court order dated May 10, 1996 and August 30, 1996).
  5. Green belt as advocated through NEERI can be installation round
  6. The Court cautioned to the Planning Commission through order dated September 4, 1996 to remember sanctioning separate allocation for the metropolis of Agra and the advent of separate cell beneath the manage of Central Government to guard and keep the Taj, the metropolis of Agra and different countrywide historical past monuments in the Taj Trapezium.
  7. All emporia and stores functioning in the Taj premises had been directed to be closed.
  8. Directions had been issued to the Government of India to determine the problem, touching on assertion of Agra as historical past metropolis, inside

The problem referring to 292 industries changed into disposed off.

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