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1996 DIGILAW 646 (SC)

M. C. Mehta v. Union of India

1996-03-13

FAIZAN UDDIN, KULDIP SINGH

body1996
JUDGMENT : 1. We are in the process of hearing arguments in this petition. During the course of arguments Mr. Kapil Sibal, learned senior counsel has highlighted the point that one of the sources of air pollution in Agra Region is the operation of diesel generating sets. According to him there are more than 30,000 such sets operating in the city. 2. Mr. Vishwa Anand, Additional Secretary in the National River Conservation Directorate, Ministry of Environment & Forests, in his affidavit filed before this Court has stated as under: "Power supply to Agra-Mathura region can be provided by dedicating one unit of Auraiya gas based station. UPSEB has submitted a project report amounting to Rs. 120.80 crores to the Ministry of Power for upgrading the distribution system to receive and distribute power from Auraiya". 3. Shri N.R. Krishnan, Secretary in the Ministry of Environment in his affidavit has stated as under: "In Agra, the supply of power is insufficient and Diesel Generator (DG) Sets are being used to meet the shortage. It is estimated that about 30,000 Diesel Generator are operating in Agra which add to the atmospheric pollution. To avoid pollution from DG sets, Ministry of Environment & Forests has taken up the matter with the Governor of Uttar Pradesh to use his powers to direct the State Electricity Board to give special attention to Agra for providing continuous power on priority. Also, Uttar Pradesh State Electricity Board has submitted a project report to the Ministry of Power for upgrading the distribution system to receive and distribute power from Auraiya gas based station at a total cost of Rs. 120.00 crores". 4. It is obvious from the affidavit of Mr. Krishnan that a project report for supply of additional electricity to Agra has already been submitted, by the Uttar Pradesh Electricity Board to the Ministry of Power. The said project is likely to cost Rs.120.00 crores. We are of the view that the clearance of the' project by the Ministry of Power shall stop the working of generators in the city of Agra and as such the pollution can be considerably controlled. Mr. Sibal has also brought to writ notice that according to his instruction sufficient electricity can be supplied to the city of Agra even through existing transmission system. 5. Mr. Sibal has also brought to writ notice that according to his instruction sufficient electricity can be supplied to the city of Agra even through existing transmission system. 5. We issue notice to the Ministry of Power through its Secretary, Ministry of Environment & Forests through its Secretary and U.P. State Electricity Board through its Chairman to give their responses to this problem by filing affidavit in this regard within ten days from the date of receipt of this order. On our request Mr. Mishra accepts notice on behalf of the U.P. State Electricity Board. A copy of this order may be given to him. 6. We direct the U.P. Pollution Control Board through Mr. Pradeep Mishra, standing counsel for the Board to issue a public notice in two English Daily Newspapers and two vernacular Language Newspapers which have considerable circulation in Agra for three consecutive days indicating that it is proposed to stop functioning of all brick- kilns within the Taj Trapezium Zone. The publication shall be done within ten days from today. In case any brick-kiln owner intends to file any objection in this respect they may do so before 31.3.1996. This matter to come up for hearing on 4.4.1996. 7. We issue notice to U.P. Government to file on affidavit within ten days from today indicating progress in the completion of the projects called "Gokel Barrage" and "Agra Barrage". Shri Ashok Srivastava, learned counsel for the State of U.P. appears in court and accepts notice. A copy of the order may be supplied to him. The Union of India in its affidavit before this Court has stated that the project Reports have already been submitted to the Central Water Commission some time in December, 1993. The U.P. Government shall indicate as to what happen (sic) to the project Report. How much total cost is likely to be incurred on the projects ? What are the difficulties/obstructions coming in the way of the completion of the Projects ? We invite the attention of the above authorities to the Agra Heritage, Project (Report) Agra Environmental Assessment, 1994 at page 15 where it is suggested that the Taj Mahal site, entailing a smaller rise in the water level. The authorities may also consider the proposal given in the above heritage project and give its response.