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TMI Blog1996 (12) TMI 423X X X X Extracts X X X X X X X X Extracts X X X X ..... 's achievement in Architecture and Engineering. 2. Lord Roberts in his work "Forty one years in India" describes the Taj as under: Neither words nor pencil could give to the most imaginative reader the slightest idea of all the satisfying beauty and purity of this glorious conception. To those who have not seen it, I would say,-Go to India; the Taj alone is well worth the journey. 3. A poet describes the Taj as under: It is too pure, too holy to be the work of human hands. Angels must have brought it from heaven and a glass case should be thrown over it to preserve it from each breath of air. 4. Sammuel Smith in his Book about the Taj explains the impact as under: We stood spell-bound for a few minutes at this lovely apparition; it hardly seems of the earth. It is more like a dream of Celestial beauty, no words can describe it. We felt that all previous sights were damned in comparison. No such effect is produced by the first view of St. Peter's or Milan or Cologne Cathedrals. They are all majestic, but this is enchantment itself. So perfect is its form that all other structures seem clumsy. 5. The Taj is threatened with deterioration and damage not only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onal repute-is on its way to degradation due to atmospheric pollution and it is imperative that preventive steps are taken and soon. The petitioner has finally sought appropriate directions to the authorities concerned to take immediate steps to stop air pollution in the TTZ and save the Taj. 6. The Report of the Expert Committee called "Report on Environmental Impact of Mathura Refinery" (Varadharajan Committee) published by the Government of India in 1978 has been annexed along with the writ petition. Para 4.1 of the conclusions therein is as under: There is substantial level of pollution of sulphur dioxide and particulate matter in the Agra region. The possible sources are all coal users consisting of two Power Plants, a number of small industries mainly foundries (approximately 250) and a Railway Shunting Yard. As far as suspended particulate matters are concerned, because of use of coal, contribution will be substantial. Even though the total amount of emission of sulphur dioxide from these sources may be small, on account of their proximity to the monuments, their contribution to the air quality of the zone will be considerably high. 7. Varadharajan Committee ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Pollution, New Delhi, published a report (Control of Urban Pollution Series CUPS/7/1981-82) under the title "inventory and Assessment of Pollution Emission in and Around Agra-Mathura Region (Abridged)". The relevant findings are as under: Industrial activities which are in operation in Agra city and its outskirts could be categorized as (i) Ferrous Metal Casting using Cupolas (Foundry); (ii) Ferro-alloy and Non-Ferrous Castings using Crucibles, Rotary Furnaces etc. (iii) Rubber Processing; (iv) Lime Oxidation and Pulverising; (v) Engineering; (vi) Chemical; and (vii) Brick and Refractory Kilns (Table 4-1).... The contribution of sulphur dioxide through emission primarily from the combustion from the fuels comprising hard coke, steam coal, wood and fuel oil is estimated as 3.64 tonnes per day from industrial activities in the Agra City and its outskirts (Table 5-3). The vehicular contribution as estimated from traffic census in 6 road crossings is only 65 kg a day or 0.065 tonnes a day and should be considered negligible for the present (Para 7.4).... The Contribution of sulphur dioxide from the 5 recognised distinct discrete sources in tonnes per day are 2.28, 2.28, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... c components of the ecosystem like plants and building material like marble and red stone. This Court on January 8, 1993 passed the following order: We have heard Mr. M.C. Mehta, the petitioner in person. According to him, the sources of pollution in Agra region as per the report of Central Pollution Control Board are iron foundries, Ferro-alloyed industries, rubber processing, lime processing, engineering, chemical industry, brick refractory and vehicles. He further states that distant sources of pollution are the mathura Refinery and Ferozabad Glass Industry. It is necessary to have a detailed survey done of the area to find out the actual industries and foundries which are working in the region. We direct the U.P. Pollution Control Board to get a survey done of the area and prepare a list of all the industries and foundries which are the sources of pollution in the area. The Pollution Board after having the survey done shall issue notices to all the foundries and industries in that region to satisfy the Board that necessary anti-pollution measures have been undertaken by the said industries/foundries. The Pollution Board after doing this exercise shall submit a report to this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther time of eight weeks from the date of the publication of the notices in the newspapers. This publication shall be done within two weeks from today. After the replies from the industries are received and processed by the Board, the Board may, if it so desires, inspect any of the industries in order to find out the correctness of the replies filed by the industries. The matter be listed on August 10, 1993. Pursuant to this Court's order (quoted above) the Board filed affidavit dated August 5,1993 wherein it is stated that public notice was published in two local newspapers of Agra on May 17, 1993 and two National Newspapers on May 18, 1993 calling upon the industries to file their replies during the extended time. The affidavit states that all the listed industries were polluting industries and 507 out of them, had not even installed any air pollution control device. The 212 industries who did not respond to the notice and failed to take any step towards installing the pollution control devices were closed by the order dated August 27, 1993 with immediate effect. The closure order was to operate till the time necessary pollution control devices were to be set up by the indus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /line sources and has adverse impacts on building material by alternation of marble and sandstone structures at micro-crystalline level. The earlier studies have revealed that the concentrations of gaseous pollutants and SPM (predominantly soot and carbon particles) are relatively high during winter months due to the frequent inversion conditions restricting vertical dispersion. During monsoon seasons, suspended particles are washed away and this cycle of pollutant built-up and subsequent removal continues exposing fresh surface of the monument to the pollutants. On November 19, 1993, this Court passed the following order: On November 5, 1993, we suggested to Mr. N.N. Goswami, learned senior advocate, appearing on behalf of the Union of India to find out the possibility of providing Gas as a fuel to the Glass Industries and the Foundries around Agra. Mr. Goswami states that he is already in touch with the authorities concerned and needs little more time. We give him time till November 26, 1993. He must file concrete proposal before the next date of hearing. Meanwhile, we also issue Notice to the Secretary, Ministry of Petroleum, Govt. of India and the Chairman, Gas Authority of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emission standards. One of the reasons is that the industries use coal and coke for their fuel requirements. Amongst the options proposed in the Air Environment Management Plan in Taj Trapezium report, NEERI has suggested change over to cleaner fuel like ONG for mitigation of air pollution in the region. As per the directives of the Hon'ble Supreme Court of India, NEERI proposed a study on techno-economic feasibility of utilisation of compressed Natural Gas (CNG) as a replacement of solid/liquid fuels (eg, Coal, FO, LSHS etc.) in the industrial sectors of Agra, Mathura and Firozabad region, based on the Terms of Reference formulated by the Gas Authority of India Ltd. (GAIL). The existing HBJ pipeline laid by GAIL for transmission and distribution of CNG from the Western offshore Region passing through Gujarat, Madhya Pradesh, Rajasthan, Uttar pradesh, Delhi and Haryana can be tapped to serve this sensitive area. Auraiya in Uttar Pradesh is the nearest possible tapping point which is at an approximate distance of 170 kilometers from Agra. Presently the total availability of CNG ex-Hazira is of the order of 20 MMSCMD, and is expected to increase to 38-39 MMSCMD in 1998-99 as pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tries within the Taj trapezium or the industries which are to be shifted from within the Taj trapezium. This may be done within 4 weeks from today. We place this statement of the outcome of discussion held by Mr. Reddy with the concerned authorities on record. This Court on February 25, 1994 examined the issue relating to supply of natural gas to the Mathura Refinery and the industries in the TTZ and passed the following order: With a view to save time and Red-Tape we are of the view that it would be useful to have direct talk with the highest authorities who can take instant decision in the matter. We, therefore, request the Chairman of the Oil and Natural Gas Commission, the Chairman of the Indian Oil Corporation and the Chairman of the Gas Authority of India to be personally present in this Court on 8.3.1994 at 2.00 PM. We further direct the Secretary, Ministry of Petroleum, to depute a responsible officer to be present in the Court on 8.3.94 at 2 PM. The Corporation filed affidavit dated March 3, 1994 indicating the location/area of various industrial estates which were available for relocation of the industries from TTZ. After examining the contents of the affidavit, thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... having responded to our request. We have discussed our view point with Shri Manglik, Shri Kapur, Shri Shah and Shri Bakshi. We have requested them to file in this Court a note each with regard to the discussion we have had with them in the Court. This may be done within five days. When the matter came up for consideration on March 31, 1994, this Court while examining the question of relocating the industries, passed the following order: ... Mr. Venugopal, learned senior Counsel appearing for the UPSIDC states that the UPSIDC would examine the demand of each of the industry and thereafter locate the requisite area outside the Taj Trapezium for shifting these industries. We propose to issue public/individual notices inviting objections/suggestions from the industries concerned. Mr. Venugopal states that he would prepare & file the format of the said notice. This matter to come up for further consideration on 8.4.94. This Court on April 11, 1994 examined the NEERI report dated July, 1993. The Ministry of Environment and Forests retained NEERI in January, 1993 to undertake an extensive study with a view to redefining the TTZ (Taj-Trapezium) and realienating the area management e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ify the authority who is to be entrusted with this job. This must be done within three weeks from the receipt of this order. A responsible Officer of the Ministry shall file an affidavit in this Court within two weeks indicating the progress made by the Ministry in this respect. Registry to send copy of the above quoted order to the Secretary, Ministry of Environment and Forests and also to Mr. Kamal Nath, personally, within three days from today. Pursuant to above quoted order, the Government of India, Ministry of Environment and Forests, by the order dated May 18, 1994 appointed an expert committee under the chairmanship of Dr. Section Varadharajan. 12. Meanwhile the Indian Oil Corporation placed on record its report on the feasibility study regarding the use of safe alternate fuel by the Mathura Refinery. The report suggested the use of natural gas as the most optimum fuel. Once the natural gas is brought to Mathura there would be no difficulty in providing the same to the other industries in TTZ and outside TTZ. This Court on August 5, 1994 passed the following order: Pursuant to this Court's order dated 31.3.1994 the Indian oil Corporation has placed on record the final ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Corporation and assist this Court on 8.8.1994. He may do so. Learned Counsel for the Corporation may also ask a responsible officer, who can explain the whole situation to the Court, to be present in Court on 8.8.1994 at 2.00 p.m. The matter came up for further consideration on August 8, 1994 when this Court passed the following order: Mr. B.B. Chakravarty, General Manager, Safety and Environment Protection, Indian Oil Corporation, is present before us. According to him the pipe line suggested by Mr. M.C. Mehta (from Auria to Mathura or from Babrala to Mathura) is not feasible. According to him the scheme of laying down the pipe line from Bijapur to Dadri via Mathura has already been sanctioned and is being implemented. He further states that apart from supplying gas to Dadri, the line when laid down, shall also be in a position to carry the supplies required for the Mathura Refinery. In the final report dated July 12, 1994, submitted by the Indian Oil Corporation it has been stated that the new pipe line of 36" diameter from Babrala to Dadri is being laid under the Gas Rehabilitation and Expansion Project and is scheduled to be commissioned by June, 1996. It is further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terms the measures which the Ministry is intending to take to preserve the Taj Mahal. 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. An affidavit of the Secretary, Ministry of Environment & Forests shall be filed in this Court within a period of four weeks. Pursuant to the above quoted order, Additional Secretary in the National River Conservation Directorate, Ministry of Environment and Forests, New Delhi filed an affidavit before this Court. After e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anuary, 1997. We have on record the undertaking of the Gas Authority of India that while the pipe line is being constructed the branch pipe line for supplying gas to Mathura Refinery and to the industries shall also be completed side by side. We direct the Gas Authority of India, Indian Oil Corporation and the U.P. State Industrial Development Corporation to file an affidavit in this Court within two weeks of the receipt of this order indicating as to which of the industrial areas outside the Taj Trapezium would be connected with the gas supply net work. We may mention that the PSCDC has already filed affidavit in this Court indicating various industrial Estates which can be developed outside the Taj Trapezium. Pursuant to the above quoted order of this Court, the General Manager, GAIL filed affidavit dated April 2, 1996. After examining the contents of the affidavit, this Court on April 10, 1996 passed the following order: Pursuant to this Court's order dated March 14, 1996 Mr. P.C. Gupta, General Manager (Civil), Gas Authority of India has filed affidavit dated April 2, 1996. It is stated in the affidavit that the Ministry of Petroleum and Natural Gas has already allocated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or, Ferozabad to render all assistance to GAIL in acquiring land for setting up the two stations for the public purposes. This Court on September 12, 1096 passed the following order regarding the safety measures to be taken during the construction and operation of the gas net-work in the Taj Trapezium. The Court also recorded the undertaking by learned Counsel for the industries that the industries in TTZ are taking steps to approach the Gas Authority of India for gas connections: Pursuant to this Court's order dated April 10, 1996 and subsequent order dated May 10, 1996, Mr. P.C. Gupta, General Manager, Gas Authority of India has filed an affidavit. It is stated in the affidavit that necessary directions in the pipe-line design corrosion protection, protection during construction and during operations have been taken by the Gas Authority of India. It is for the Central Pollution Control Board or the State Pollution Control Board concerned to examine the legal position and do the needful, if anything is to be done under law. Mr. Gupta, in para 5, has further stated as under: However, in its endeavour GAIL has not received sufficient response from the industrialists in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hrough the April 1995 Varadharajan Committee Report. Relevant paragraphs of the Report are reproduced hereunder: 4. ...The Expert Committee's recommendation that steps may be taken to ensure that no new industry, including small industries or other units, which can cause pollution are located north-west of the Taj Mahal, has been enforced. However, efforts to relocate easting small industries, particularly the foundries, in an area south-east of Agra beyond the Taj Mahal, have not been successful. 18. The Report clearly shows that the level of Suspended Particulate Matters (SPM) in the Taj Mahal area is high. The relevant part of the Report in this respect is as under: S.P.M. (Period 1981-1993) i. The level of SPM at Taj Mahal is generally quite high, the monthly mean values being above 200 micrograms/cubic metre for all the months during 1981-1985 except for the monsoon months. ii. There is an increasing trend in the monthly mean SPM concentrations from about 380 micrograms/cubic metre to 620 micrograms/cubic metre during the period 1987-1991, and the trend reverses thereafter till 1993. There is a decrease in monthly mean SPM levels from 620 micrograms/cubic metre in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould not be desirable to promote residential colonies and commercial establishments in such vacated areas as they may in turn add to the problems of water supply and atmospheric quality by excessive use of energy. Major changes of this nature would need a dear development planning strategy and resources, and will also take several years for implementation. 96. There is urgent need for quicker measures which could lead to better environment, especially in the Taj Mahal. For this purpose, it is necessary to effect overall reduction in coal/coke consumption by industries and others in Agra and in Taj Trapezium Zone generally. The present level of consumption of 129 metric tonne per day by industry can be substantially reduced by new technology and by use of LPG and HSD of low sulphur. Stricter standards for emissions may be evolved when such technological and fuel changes are effected. Support for development of modifications in design and operation and demonstration should be provided. Some assistance to industries for adoption of these may be considered after careful examination of the costs and benefits to the industry and to society. All those industries not responding for actio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Report is also because of heavy traffic and operation of generating sets. NEERI reports have clearly recommended the relocation of the industries from the TTZ. 25. This Court on April 11, 1994, passed the following order: ...We are of the view that the shifting of the industries from the Taj Trapezium has to be made in a phased manner. NEERI's report indicates that the maximum pollution to the ambient air around Taj Mahal is caused by the industries located in Agra. We, therefore, as a first phase, take up the industries situated in Agra for the purposes of the proposed shifting outside Taj Trapezium xxx xxx xxx We, therefore, direct the U.P. State Pollution Control Board. to issue Public Notices in the two national English Daily newspapers and also two vernacular newspapers for three consecutive days indicating that the Supreme Court of India is processing the proposal for shifting of the air polluting industries such as Foundries, Pit Furnaces, Rubber Sole, Chemical, Refactory Brick, Engineering and Lime Processing from Agra to outside Taj Trapezium at a suitable place to be selected after hearing the parties including the industry owners. The individual industries ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order only to 292 industries located and operating in Agra. These industries are listed hereunder: FOUNDRIES (DISTRICT AGRA) 1. M/s. Gulab Rai Chottey Lal 21/16, Freeganj Agra. 2. M/s. Gulab Rai Chottey Lal 27/65, Pathwari Agra. 3. M/s. Krishna Iron Foundry Freeganj Agra. 4. M/s. B.C. Iron Foundry Sultanganj Agra. 5. M/s. Kajeco Industries Sultanganj Agra. 6. M/s. National Iron Foundry Moti Lal Nehru Road Agra. 7. M/s. Raj Pattern makers & Founders Moti Lal Nehru Road Agra. 8. M/s. Miraz Iron Foundry 1290, Bhairon Bazar Agra. 9. M/s. Mudgal Iron Foundry 7/6, Pathwari Agra. 10. M/s. Prabhat Iron Foundry Freeganj Road Agra. 11. M/s. Raghav Engg. Company 21/60, Freeganj Agra. 12. M/s. Raj Iron Foundry (Unit-I) 26/1, Sultanganj Agra. 13. M/s. Agrawal Tin Mfg. Co. Sultanganj Agra. 14. M/s. Moti Lal Agrawal & Co. 21/33, Freeganj Agra. 15. M/s. Anil Metal Ind. (Foundry Division) Bichpuri Road, Amarpura Agra. 16. M/s. Shree Durga Laxmi Iron Foundry Langre Ki Chowki Agra. 17. M/s. S.S. & Iron Foundry Jeoni Mandi Agra. 18. M/s. Randhir Chand Khoob Chand Iron Foundry Masta Ki Bagichi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sh Jain 11/43, Rambagh Agra. 61. Parolia Engg. Works 11/47-C, Rambagh Agra. 62. S.B. Iron Foundary 11/18-B, Rambagh Agra. 63. Reliable Industry Rambagh Agra. 64. Sarla & Co. Rambagh Agra. 65. Shree Ram Iron Foundary & Engg. Works 4248/2, Rambagh Agra. 66. Jagdish Industrial Corpn. Naraich, Hathras Road Agra. 67. R.K. Engineers & Founders Hathras Road Agra. 68. Goyal Iron & Steel Works Naraich, Hathras Road Agra. 69. R.R. Iron Foundary Rambagh Agra. 70. Sharad Industries Foundry Nagar Hathras Road Agra. 71. Bansal Iron Foundry 11/48/6/C, Naraich Hathras Road Agra. 72. Goyal Metal Industries Foundry Nagar, Hathras Rd. Agra. 73. Fatehchand Sehgal & Sons Naraich, Hathras Road Agra. 74. Adesh Kumar Jain C-69, Foundry Nagar Agra. 75. Deepak Chemical Works 11B/103, Naraich Hathras Road Agra. 76. Devki Nandan 11B/103, Naraich Hathras Road Agra. 77. Prakash Iron Foundary Hathras Road Agra. 78. Ravi Agricultural Ind. Hathras Road Agra. 79. V.K. Enterprises C-48, Foundry Nagar Agra. 80. Manik Chand Garg & Co. C-50, Foundry Nagar Agra. 81. Bombay Engg. & Moulding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ron Foundry E-18, Foundry Nagar Agra. 123. Bhagwati Iron Foundry D-2, Foundry. Nagar Agra. 124. Chinar Foundry E-1, 2, Foundry Nagar Agra. 125. Modern Industries IIB 76A, Foundry Nagar Agra. 126. Devi Sahai Gopaldas Iron Foundry C-15, Foundry Nagar Agra. 127. Mittal Industries C-18, Foundry Nagar Agra. 128. B.K. Castings C-6, Foundry Nagar Agra. 129. N.K. Iron Foundry C-3, Foundry Nagar Agra. 130. Metal Products C-33, Foundry Nagar Agra. 131. Shanti Vrat & Sons B-7, Foundry Nagar Agra. 132. Mr. Sushil Kr. Danoria B-14/1, Foundry Nagar Agra. 133. BSA Agricultural Ind. 7/15, Nunhai Rd. Nawalganj Agra. 134. Indu Engg. & Textiles Ltd. 12/16A, Nawalganj Agra. 135. Vijay Iron Foundry 1250, Nawajganj Agra. 136. Kaushal Industries Nawalganj Agra. 137. Standard Pumps Nunhai Agra. 138. Doneria Pvt. Ltd. 10/4, Hathras Road Agra. 139. Doneria Iron & Steels 11/28, Chini Ka Roza Agra. 140. Ratan Industries (P) Ltd. 10/12, Kalra Wazir Khan Hathras Road Agra. 141. Bharat Iron & Steel Foundry 10/10, Katra Wazir Khan Agra. 142. Shri Bankey Bihari Udyog 10/9, Katra Wazir Khan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . C-49, Foundry Nagar Agra. 184. Gangotri Diesels (P) Ltd. Hathras Road Agra. 185. Shivas Industries C-36, Foundry Nagar Agra. 186. Olympic Diesels E-53, Foundry Nagar Agra. 187. Shri Ram Diesels (India) C-56, Foundry Nagar Agra. 188. Minerva Diesel Eng. (P) Ltd. C-67, Foundry Nagar Agra. 189. A.K. Enterprises B-20, Foundry Nagar Agra. 190. Kalyan Engg. Works E-8, Foundry Nagar Agra. 191. Chandra Metal Enterprises E-24, Foundry Nagar Agra. 192. Rajendra Industries E-31, Foundry Nagar Agra. 193. Bright Engg. Works E-19, Foundry Nagar Agra. 194. K.G. Electro Techniques E-17, Foundry Nagar Agra. 195. Satya Udyog Unit-2 C-ll, Foundry Nagar Agra. 196. Doneria Engg. Co. C-5, Foundry Nagar Agra. 197. Basant Ispat Udyog (P) Ltd. C-34, Foundry Nagar Agra. 198. Atul Engg. Udyog Nunhai Agra. 199. Atul Generation (P) Ltd. Nunhai Agra. 200. Mohan Generators & Pumps 45, I.E., Nunhai Agra. 201. M/s. Steeloc Ind. 54A, Industrial Estate Nawalganj, Nunhai Agra. 202. M/s. Jay Sheet Mfty. Nawalganj, Nunhai Agra. 203. M/s. Automotive Products 73, I.E., Nunhai Agra. 204. M/s. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... India (P) Ltd. 1977/1, Runukutta, Mathura Road Agra. 246. Ramjilal Harishchand 11/48-E, Rambagh, Hathras Road Agra. 247. Agra Oil & General Industry Naraich, Hathras Road Agra. 248. Bansal Marble Industries Hathras Road Agra. 249. Sandeep Resin Industries E-38, Foundry Nagar Agra. 250. Anchor Wax Industry C-26, Foundry Nagar Agra. 251. Anil Paint Works E-10, Foundry Nagar Agra. 252. Bee Kay Industry E-28, Foundry Nagar Agra. 253. B.K. Salts Behind E-28, Foundry Nagar Agra. 254. National Chemicals C-9, Foundry Nagar Agra. 255. Jai Shanker Salt Petter Works A-8, Foundry Nagar Agra. 256. Singhal Pesticides 9/122, Moti Bagh Yamuna Agra. 257. Adarsh Paper Products 10/4, Katra Wazir Khan Agra. 258. Seema Oil Corpn. 11/38 B, Sita Nagar Agra. 259. Agarwal Industries 10/22, Katra Wazir Agra. 260. Allora Paper Products 10/4, Katra Wazir Agra. 261. Agarwal Knitting 188, Industrial Estate Nunhai Agra. 262. Bright Son Electroplaters Industrial Area Nunhai Agra. 263. Micro Metals 151, Ind. Estate Nunhai Agra. 264. M/s. Bonita Chemicals 64, I.E., Nunhai Agra. 265. M/s. Gandhi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er. The development of industry is essential for the economy of the country, but at the same time the environment and the eco-systems have to be protected. The pollution created as a consequence of development must commensurate with the carrying capacity of our eco-systems. 28. Various orders passed by this Court from time to time (quoted above) clearly indicate that the relocation of the industries from TTZ is to be resorted to only if the natural gas which has been brought at the doorstep of TTZ is not acceptable/available by/to the industries as a substitute for coke/coal. The GAIL has already invited the industries in TTZ to apply for gas connections. Before us Mr. Kapil Sibal and Mr. Sanjay Parikh, learned Counsel for the industries have clearly stated that all the industries would accept gas as an industrial-fuel. The industries operating in TTZ which are given gas connections to run the industries need not relocate. The whole purpose is to stop air pollution by banishing coke/coal from TTZ. 29. This Court in Vellore Citizens Welfare Forum v. Union of India and Ors. AIR1996SC2715 , has defined "the precautionary principle" and the "polluter pays principle&quo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ticle 21 of the Constitution of India guarantees protection of life and personal liberty. Articles 47 48A, and 51A(g) of the Constitution are as under: 47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health.-The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health among its primary duties and in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. 48A. Protection and improvement of environment and safeguarding of forest and wild life.-The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. 51A(g). To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures. Apart from the constitutional mandate to protect and improve the environment there are plenty of post independence legislations on the subject but more relevant enactments for our purpose are : The Water (Prevention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies shall as per the schedule indicated hereunder change-over to the natural gas as an industrial-fuel. The industries which are not in a position to obtain gas connections-for any reason shall stop functioning with the aid of coke/coal in the TTZ and may relocate themselves as per the directions given by us thereunder. 32. We order and direct as under: (1) The industries (292 listed above) shall approach/apply to the GAIL before February 15,1997 for grant of industrial gas-connection. (2) The industries which are not in a position to obtain gas connections and also the industries which do not wish to obtain gas connections may approach/apply to the Corporation (UPSIDC)/Government before February 28, 1997 for allotment of alternative plots in the industrial estates outside TTZ. (3) The GAIL shall take final decision in respect of all the applications for grant of gas connections by March 31, 1997 and communicate the allotment letters to the individual industries. (4) Those industries which neither apply for gas connection nor for alternative industrial plot shall stop functioning with the aid of coke/coal in the TTZ with effect from April 30, 1997. Supply of coke/coal to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntives in terms of the provisions of the Agra Master Plan and also the incentives which are normally extended to new industries in new industrial estates. (13) The workmen employed in the above-mentioned 292 industries shall be entitled to the rights and benefits as indicated hereunder: (a) The workmen shall have continuity of employment at the new town and place where the industry is shifted. The terms and conditions of their employment shall not be altered to their detriment. (b) The period between the closure of the industry in Agra and its restart at the place of relocation shall be treated as active employment and the workmen shall be paid their full wages with continuity of service. (c) All those workmen who agree to shift with the industry shall be given one year's wages as 'shifting bonus' to help them settle at the new location. The said bonus shall be paid before January 31, 1998. (d) The workmen employed in the industries who do not intend to relocate/obtain natural gas and opt for closure, shall be deemed to have been retrenched by May 31, 1997, provided they have been in continuous service (as defined in Section 25-B of the Industrial Disputes Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Court orders dated April 10, 1996. May 10,1996, August 30,1996, September 4,1996 and September 10, 1996). (e) The construction of Gokul Barrage, water supply work of Gokul Barrage, roads around Gokul Barrage, Agra Barrage and water supply of Agra barrage, have also been undertaken on a time schedule basis to supply drinking water to the residents of Agra and to bring life into river Yamuna which is next to the Taj (Court order dated May 10, 1996 and August 30, 1996). (f) Green belt as recommended by NEERI has been set up around Taj. Pursuant to continuous monitoring of this Court, the Green Belt has become a reality. (g) This Court suggested to the Planning Commission by order dated September 4, 1996 to consider sanctioning separate allocation for the city of Agra and the creation of separate cell under the control of Central Government to safeguard and preserve the Taj, the city of Agra and other national heritage monuments in the TT. (h) All emporia and shops functioning within the Taj premises have been directed to be closed. (i) Directions have been issued to the Government of India to decide the issue, pertaining to declaration of Agra as heritage city, within two ..... X X X X Extracts X X X X X X X X Extracts X X X X
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