JUDGMENT : 1. On December 8, 1995, this court in the presence of Mr. Hemender Kumar, Joint Secretary Ministry of Agriculture, Govt. of India; Mr. R.V. Bhaskar, Secretary Urban Development Department, U.P. ; Mr. R.K. Verma, Administrator, Nagar Nigam Agra; Order dated February 2, 1996 in W.P. (C) No. 13381/84 Dr. Jagram, Joint Director, Ministry of Environment; and Mr. G. Kaanjilal, Deputy Director General, Department of Tourism, passed an order regarding the setting up of modem slaughter house at Agra. The operative part of the order is as under: "Mr. Altaf Ahamad,learned Additional Solicitor General states that out of the total cost of Rs.521 lacs (slaughter house and the carcass plant), the Government of India is willing to contribute Rs.345 lacs. Mr. R.V. Bhaskar, secretary, Urban Development Department, U.P. states that the U.P. Govt. expects the Central Government to spend 75% of the total amount but in case there is a direction from this Court, the U.P. Government will contribute the remaining Rs. 176 lacs. For a project like this no direction from this Court is needed. The Government of Uttar Pradesh is under an obligation to make the city of Agra presentable to attract the tourists. We take it that the UP Government shall contribute Rs. 176 Lacs towards the construction of the project. We have suggested to Mr. Altaf Ahamad, learned Additional Solicitor General and Mr. Hemendra Kumar, Joint Secretary, Government of India that the project be undertaken by and under the supervision of the Ministry of Agriculture, Government of India. We request Dr. Balram Jakhar, Agriculture Minister to give his valued response to our suggestion. We want the project to be completed in the shortest possible time." 2. An application has been filed on behalf of the Ministry of Agriculture wherein it is stated that the Ministry is unable to undertake the construction of the Slaughter House and Carcass utilisation centre at Agra as it has no machinery for this purpose. It is further stated that the project should rest with the State Authorities. We are of the view that the Ministry of Agriculture has filed the application without proper application of mind. Keeping in view the importance of the city of Agra, to encourage tourism and to save Taj Mahal from Pollution, we suggested the Ministry of Agriculture may take over the project directly under its control.
We are of the view that the Ministry of Agriculture has filed the application without proper application of mind. Keeping in view the importance of the city of Agra, to encourage tourism and to save Taj Mahal from Pollution, we suggested the Ministry of Agriculture may take over the project directly under its control. The necessary funds have already been allocated for the project. What is required is to float the necessary tenders to have the building constructed. We are constrained to say that the Ministry of Agriculture has failed to appreciate the purpose and the objective which impelled us to ask the Ministry to take-up the project. Learned counsel for the Ministry of Agriculture states that it may not be difficult to undertake the project especially when the funds have already been earmarked. We give two week's time to the Ministry of Agriculture to give a fresh look to this project. The Ministry of Agriculture shall, by way of an affidavit, place before this Court a time schedule for the preparation of the plans, floating of tenders etc. and the construction of the Slaughter House at Agra. We again reiterate that this must be done within the shortest possible time. 3. Pursuant to this Court's order dated December 1, 1995, Mr. N.R. Krishnan, Secretary Ministry of Environment and Forests has filed an affidavit dated January 9, 1996. We direct that this matter be listed for final hearing on February 20, 1996 at 10.30 AM. 4. Since the response of the Government of India in the affidavit filed by Mr. N.R. Krishnan is primarily based on the two reports submitted by NEERI and Vardharajan Committee, we are of the view that it will be useful to request Dr. P Khanna, Director NEERI and Dr. Vardharajan to be present in this Court to assist the Court regarding various points which may arise out of the two reports. A copy of this order be sent to Dr. P. Khanna, Director NEERI (by fax) and Dr. Vardharajan (through Secretary, Ministry of Environment). A copy of the affidavit of Mr. N.r. Krishnan be also sent to Dr. P. Khanna. (the documents be sent to Dr. Khanna by Speed Post). In case NEERI does not have the report of Vardharajan Committee, it can have the same from the Ministry of Environment. 5. We have requested Mr. P.P. Malhotra, learned senior counsel appearing for Govt.
A copy of the affidavit of Mr. N.r. Krishnan be also sent to Dr. P. Khanna. (the documents be sent to Dr. Khanna by Speed Post). In case NEERI does not have the report of Vardharajan Committee, it can have the same from the Ministry of Environment. 5. We have requested Mr. P.P. Malhotra, learned senior counsel appearing for Govt. of India to seek instructions from the Ministry of Power and all other Ministries which are relevant for the purposes of this case. 6. This Court in the order dated April 11, 1994 took notice of the NEERI Report, regarding Taj Mahal, dated January 1993 and noticed that in the report a green belt plan for mitigating air pollution around Taj Mahal has been given. According to the report, a High Powered Committee constituted for protection of Taj Mahal from air pollution recommended in the year 1977-78 a green belt development plan for the purpose but nothing had been done till the time when the report was given by NEERI. In the report at pages VI. 46 NEERI has given various suggestions for the setting up of the green belt plan around Taj Mahal. NEERI has also given names of plants of various types which can (sic) planted in the area for the protection of Taj Mahal. This Court in the said order further directed as under: "We direct the Ministry of Environment and Forest, Government of India to take up the implementation of the green belt development plan as suggested by NEERI around Taj Mahal. The details of the area which is available and which is to be acquired has been indicated by NEERI in its report. According to the NEERI, on two sides of Taj including Yamuna side plenty of area is available for the plantation of trees. We direct the Ministry to set up a Special Cell for this purpose and the work of planting of trees should be commenced within two weeks of the receipt of this order. We specially request Mr. Kamal Nath the Minister Incharge to issue immediate directions for the development of the green belt around Taj Mahal as suggested by NEERI.
We direct the Ministry to set up a Special Cell for this purpose and the work of planting of trees should be commenced within two weeks of the receipt of this order. We specially request Mr. Kamal Nath the Minister Incharge to issue immediate directions for the development of the green belt around Taj Mahal as suggested by NEERI. We direct the Secretary, the Ministry of Environment and Forests to file an affidavit in this Court within four weeks of the receipt of this order indicating the steps taken by the said Ministry for the implementation of this Court's order." 7. Mr. M.C. Mehta and Mr. Krishan Mahajan have invited our attention to a news item under the heading "Taj is lost in Agra's wild growth as jungle law prevails" published in the 'Indian Express' dated January 29, 1996. It is stated that nothing has been done in pursuance to our order quoted above. 8. Before we take any further action in this respect we direct the Central Pollution Control Board to send a team of experts in this field to the area where the trees were to be planted under the directions of this Court. The number of the trees planted, the age of the trees and the nature of nourishment given to the said trees may be indicated. If necessary, the team shall take an expert the field of Horticulture. We request Mr. Krishan Mahajan, who is assisting this Court in this matter, to accompany the team. 9. Mr. Krishan Mahajan is appearing in this matter under the directions of this Court. He shall be entitled to his fees for his appearance in Taj Matters and all other Matters with which this Court is concerned. 10. List this matter on February 19, 1996 at 2 PM. 11. Mr. Harish Salve, learned counsel appearing for M/s. Muslim Glass Works, M/s. Indian Glass Works, M/s. Mathur Glass Works and M/s. Prem Glass Works, U.P. states that after inspection by the Central Pollution Control Board which was done during December 15/17. 1995, these industries have installed Cyclonic Filters and all other necessary equipments. Mr. Pradeep Misra, learned counsel appearing for UP Pollution Control Board states that perhaps these industries are among 104 industries about which the Central Govt. has taken a decision to close the same. He seeks some time to ascertain the same.
1995, these industries have installed Cyclonic Filters and all other necessary equipments. Mr. Pradeep Misra, learned counsel appearing for UP Pollution Control Board states that perhaps these industries are among 104 industries about which the Central Govt. has taken a decision to close the same. He seeks some time to ascertain the same. Learned counsel is granted liberty to mention the same.