JUDGMENT : R.P. 291 OF 1998 1. Shri Soli J Sorabjee, the learned Attorney General states that he will file additional affidavit giving particulars of the various orders in relation to industries which have already set up in the Taj Trapezium and which may require to be shifted. The said affidavit may b e filed within six weeks. 2. I.A. Nos. 53 & 56: Taken on Board. PARKING OF VEHICLES 3. As regards the site for parking of vehicles near the Western Gate of the Taj, we have perused the report submitted by the team consisting of Dr. Sudhir K Ghosh, Additional Director, CPCB, Delhi, Dr. Ramesh Chandra Trivedi, Senior Scientist, CPCB, Delhi, Mr. Vijay Panjawani, Advocate for CPCB, Mr. Krishan Mahajan, Advocates, Supreme Court. They have suggested following three sites : 1. Amrud-Ka-Tila near Kabir Kuti Ashram 2. Kheradi Tilla near Tajgang Sewage Pumping Station 3. North-east corner of the Golf ground near Purani Mandi circle 4. Taj Mahal Western Gate Market Association (applicant in I.A. No. 53/98) have suggested the site near the Electric Crematarium where the battery operated buses are being parked at present. The Special Cell of the Ministry of Environment and Forests, Government of India, is directed to make a techno-economic feasibility study as regards aforesaid sites indicated above keeping in view the area, the number of vehicles, which can be parked, the presence of trees on the sites etc. and submit a report within one month. 5. In response to the notice issued by this Court requiring the Vice-Chairman and Secretary, Agra Development Authority to show cause why action should not be taken against them for contempt of Court, affidavits have been filed by Shri Mukul Singhal, Vice-Chairman, Agra Development Authority and Shri S.S. Rawat, Secretary, Agra Development Authority. Both are present in the Court today. We have perused the said affidavits. We accept the explanation that has been offered by the said Officers in their affidavits. The contempt notices against issued to them are discharged TAJ HOTEL (ITDC) 6. An additional affidavit of Shri C Stephen, Company Secretary, India Tourism Development Corporation dated April 23, 1998 has been filed. We have perused the said affidavits. We accept the explanation that has been offered by the said Officers in their affidavits. The contempt notices against issued to them are discharged TAJ HOTEL (ITDC) 6. An additional affidavit of Shri C Stephen, Company Secretary, India Tourism Development Corporation dated April 23, 1998 has been filed. Along with the said affidavit a copy of the sale deed executed by the Ministry of Tourism and Civil Aviation, Government of India and the ITDC dated September 11, 1969 has been filed which shows that the land over which the Taj Restaurant stands was transferred to ITDC in 1969. Along with the affidavit documents have been produced to show that the Restaurant has been functioning since 1972. In the said affidavit it is also stated that the distance from the rear gate to the main ticketing gate from where visitors collect their tickets is approximately 234 ft. from the ticketing gate and that from the ticketing gate to the main monument of the Taj, the distance is approximately 1665 ft. which is approximately 555 Mts. from the ticketing gate to the main monument. It is stated that the total distance from the main monument to the rear gate of the Taj Restaurant is around 600 Mts. which is beyond the limit prescribed by this Court. It is also stated that in the Restaurant the ITDC is not using coal, wood or any such material which is generating carbon and is only using cooking gas with modern kitchen gadgets. Having regard to the aforesaid facts and circumstances mentioned in the additional affidavit of Shri Stephen it is directed that the Taj Restaurant of ITDC shall be allowed to run at the existing site subject to the condition that the ITDC would not make any further constructions on the land without the permission of the Court and that they would not use coal, wood or any such material which generates carbon. TAJ KHEMA 7. TAJ KHEMA 7. An affidavit of Shri D.K. Burman, Joint Director, Tourism, Agra, UP has been filed wherein it is stated that the land over which the Taj Khema stands was originally a part of reserve forest under the Indian Forest Act, 1927 and that on May 18, 1978, the Forest Department of the State of UP handed over the said land to the Tourist Department for the purpose of development of a camping site for tourists visiting Agra and particularly Taj Mahal. In the said affidavit it is stated that the existing constructions over the said land were completed before the Forest Conservation Act, 1980 came into force and that the complex has been functioning since 1983. In the said affidavit it is also stated that the complex was inspected by NEERI and they have submitted their report wherein it is stated that no pollution is being caused by the camping site and certain suggestions have been made and that work orders have been issued to implement the directions/ recommendations of the NEERI. Keeping in view the aforesaid facts it is directed that the Taj Khema shall be allowed to run at the existing site but no extension or further construction shall be made over the land without obtaining prior permission of the Court. SALUGHTER HOUSE 8. Shri NN Goswami, the learned senior counsel appearing for the Railway Administration states that he will file an affidavit explaining the position before the reopening of the Court after the summer vacations. Shri Goswami, however, states that the work for the level crossing is in progress and it will be completed by the end of this year. It is directed that the affidavit explaining the position shall be filed before the Court reopens after the summer vacations. CONSTRUCTION OF AMBIENT AIR QUALITY MONITORING STATION 9. The State Government as well as the Central Government are directed to file their affidavits indicating what further steps have been taken by them in pursuance of the directions contained in the order dated March 24, 1998 regarding construction of Ambient Air Quality Monitoring Station. IA NO. 38 10. The learned counsel for the State of UP states that so far as the State Government is concerned the Agra Heritage Fund has been created and a sum of Rs. 2,28,08,972 has been deposited in the Agra Heritage Fund and that an additional amount of Rs. IA NO. 38 10. The learned counsel for the State of UP states that so far as the State Government is concerned the Agra Heritage Fund has been created and a sum of Rs. 2,28,08,972 has been deposited in the Agra Heritage Fund and that an additional amount of Rs. 2,28,08,972 which was collected in lieu of Entertainment Tax has also been deposited in the Fund. As regards the Income Tax that was collected on the income from the proceeds of the concert, the Finance Ministry in the Central Government should consider making a grant of an amount equal to the amount that has been collected by way of income tax to the Agra Heritage Fund. A decision in that regard should be taken within two months and an affidavit in that regard shall be filed before the Court reopens after the summer vacations. IA NO.45 11. In pursuance of the directions contained in the order dated March 24, 1998 NEERI has submitted a report after inspecting the site along with the Central Pollution Control Board. A copy of the said report may be furnished to the petitioner, Shri Vijay Panjawani, the learned counsel for the Central Pollution Control Board and Shri RB Misra. IA NO 52 12. Put up after-the vacations. 13. List all the matters after the vacations.