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1995 DIGILAW 1426 (SC)

M. C. Mehta v. Union of India

1995-12-01

KULDIP SINGH, S.SAGHIR AHMAD

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JUDGMENT : 1. This Court on August 3, 1995 passed the following order: "Vardharajan Committee appointed by the Ministry of Environment and Forests, Government of India has submitted its report regarding preservation of Taj Mahal and Agra Monuments in two volumes. Mr. M.C. Mehta and Mr. Krishan Mahajan have taken us through some parts of the report. There are now two major reports on the subject. There is a NEERI report to which we have referred to in our various orders from time to time. NEERI report was submitted sometime in July, 1993. In its report, NEERI suggested that in order to preserve Taj it is necessary to re-locate various industries located in Taj Trapezium. The Vardharajan Committee Report now received also suggests the re-location of the industries situated in Taj Trapezium. The Varadharajan Committee has also given various other useful suggestions for improving the atmospheric environmental quality around Taj and also for preservation of Taj Mahal. It is the primary duty of the Government of India, Ministry of Environment and Forests to safeguard Taj Mahal from getting deteriorated. We direct the Ministry through Secretary Ministry of Environment and Forests to examine the Neeri report and also the Vardharajan Report and indicate in positive terms the measures which the Ministry is intending to take to preserve the Taj Mahal. 2. We are further prima facie of the view that in view of the two reports (NEERI & Vardharajan), the polluting industries in Taj Trapezium shall have to be re-located. It cannot be done without there being positive assistance from the Ministry of Environment & Forests, Government of India and the State of Uttar Pradesh. We direct these two authorities to come out with re-allocation scheme so that all the polluting industries situated in Taj Trapezium are shifted to the new place in a phased manner. Keeping in view the importance and urgency of the matter we request Mr. Kamal Nath, the Minister of Environment and Forests to personally look into the matter and have the response of the Ministry and the re-allocation scheme prepared within four weeks from the receipt of this order. 3. An affidavit of the Secretary, Ministry of Environment & Forests shall be filed in this Court within a period of four weeks." 4. Kamal Nath, the Minister of Environment and Forests to personally look into the matter and have the response of the Ministry and the re-allocation scheme prepared within four weeks from the receipt of this order. 3. An affidavit of the Secretary, Ministry of Environment & Forests shall be filed in this Court within a period of four weeks." 4. Pursuant to the above quoted order an affidavit dated 30.8.95 has been filed by Shri Vishwanath Anand, Additional Secretary in the National River Conservation Directorate, Ministry of Government and Forests, New Delhi. Various aspects have been dealt with in the said affidavit. So far the question of re-location of the industries from Taj Trapezium is concerned no positive stand has been Indicated by the Ministry of Environment, Environment of India. As indicated by us in our order quoted above two expert reports are before the Government of India. 'NEERI' gave its report as back as July, 1993 and Vardharajan Committee Report was submitted to the Government In April, 1995. Although this Court was prima facie of the view that the polluting industries in Taj Trapezium would have to be re-located but this Court finally left it to be Ministry of Environment and Forest to examine the two reports and give its response to this Court. We personally requested Mr. Kamal Nath the then Minister of Environment and Forests to examine the matter and have the scheme for re-location of industries from Taj Trapezium framed within the time indicated by Court. Nothing positive has come before us. We have today discussed this aspect at length with the learned Solicitor General Mr. Dipankar Gupta. Once again we request Mr. Rajesh Pilot, Minister of Environment and Forests, Government of India to have the two reports examined expeditiously. It is of utmost importance that the pollution in the Taj Trapezium be controlled. We want positive response from the Ministry, in the light of the two reports, on the following issued; (1) Whether all the industries operating in the Taj Trapezium are to be re-located irrespective of the nature of the industry that is hazardous/noxious/polluting/non-polluting. (2) If the answer to the above question is in negative then which type of industries are to be re-located. (2) If the answer to the above question is in negative then which type of industries are to be re-located. (3) Whether the Government of India agrees with the suggestion of the NEERI that the industries listed in Table-4A of its report dated July 19, 1993 sare to be re- located outside the Taj Trapezium. (4) Re-location scheme may be indicated. The industrial Estates - within or outside the Taj Trapezium - where the industries can be shifted, may be indicated. 5. Since this matter,s pending in this Court for the last more than 3 years we request the Minister to place before this Court the response of the Government to the above mentioned issues by way of an affidavit of Secretary, Environment and Forests Department within 4 weeks from today. We have no doubt that the Government of Uttar Pradesh and the Offices/Authorities concerned of the Uttar Pradesh Government shall render all assistance to the Central Government in complying with the order of this Court. Copies of this order be given Mr. Dipankar Gupta learned Solicitor General by tomorrow. Registry to send a copy of t is order to the Minister within three days.