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- The Taj has been included in the list of 100 most endangered
sites by the “Wprld Monuments Fund” by stating as under:
“The Taj Mahal – The Taj is the “King Emperor” amongst the World Wonders.
The Taj is the final achievement and acme of the Moghul Art. It represents the most
refined aesthetic values. It is a fantasy like grandeur. It is the perfect culmination
and artistic interplay of the architects’ skill and the jeweler’s inspiration. The
marble-in-lay walls of the Taj are amongst the most outstanding examples of
decorative workmanship. The elegant symmetry of its exterior and the aerial grace of
its domes and minarets impress the beholder in a manner never to be forgotten. It
stands out as one of the most priceless national monument, of surpassing beauty and
worth, a glorious tribute to man’s achievement in Architecture and Engineering.
According to the petitioner, the foundries, chemical/hazardous industries and the
refinery at Mathura are the major sources of damage to The Taj. The sulphur dioxide
emitted by the Mathura Refinery and the industries when combined with Oxygen –
with the aid of moisture – in the atmosphere forms sulphuric acid called “Acid rain”
which has a corroding effect on the gleaming white marble. Industrial/Refinery
emissions, brick-kilns, vehicular traffic and generator-sets are primarily responsible
for polluting the ambient air around Taj Trapezium (TTZ). The petition states that
the white marble has yellowed and blackened in places. It is inside The Taj that the
decay is more apparent. Yellow pallor pervades the entire monument. In places the
yellow hue is magnified by ugly brown and black spots. Fungal deterioration is
worst in the inner chamber where the original graves of Shah-Jahan and Mumtaz
Mahal lie. According to the petitioner The Taj a monument of international 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. - 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.
Varadharajan Committee made, among others, the following recommendations:
“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 …
Efforts may be made to relocate the existing small industries particularly the
foundries, in an area south east of Agra beyond the Taj Mahal so that emissions from
these industries will not be in the direction of the monuments … Similar
considerations may apply to large industries such as Fertiliser & Petrochemicals.
Such industries which are likely to cause environmental pollution may not be located
in the neighbourhood of the refinery. The Committee further recommends that no
large industry in the Agra region and its neighbourhood be established without
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conducting appropriate detailed studies to assess the environmental effect of such
industries on the monuments. Location should be so chosen as to exclude any
increase in environmental pollution in the area … The Committee wishes to record its
deep concern regarding the existing level of pollution in Agra. It recommends that an
appropriate authority be created which could monitor emissions by industries as well
as the air quality at Agra on a continuous basis. This authority should be vested with
powers to direct industries causing pollution to limit the level of emission and specify
such measures as are necessary to reduce the emission whenever the pollutant level at
the monuments exceeds acceptable limits. The Committee particularly desires that
recommendations made in regard to reduction of existing pollution levels at Agra
should be converted to a time-bound programme and should be implemented with
utmost speed.The Committee also recommends that studies should be undertaken by
competent agencies to explore the possibility of protecting the monuments by
measures such as provision of a green belt around Agra in the region between
Mathura and Agra…. Even though assurances have been obtained from IOC that
adequate precautions would be taken to contain the pollution on account of using coal
in the power plant, the Committee is of the opinion that till such time this problem is
studied in depth and suitable technologies have been found to be satisfactorily in use
elsewhere, the use of coal in the refinery power plant should be deferred.”
The Central Board for the Prevention and Control of Water Pollution, New Delhi,
published a report (Control of Urban Pollution Series CUPS/7/1981-82) under the title
“Inventory and Assessment of Pollution Emissions 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) Ferror-alloy
and Non-Ferrous Castings using Crucibles, Rotary Furnances etc., (iii) Rubber
Processing; (iv) Lime Oxidation and Pulversing; (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 at 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, 1.36, 1.21 and 0.65 from (i) two thermal
power stations, (ii) foundries, (iii) other industries in Agra, (iv) two railway
marshalling yards, and (v) vehicular traffic respectively. Omitting contribution from
vehicular traffic as because it is considered negligible, the relative contributions from
the other 4 distinct sources are 32, 32, 19 and 16.9 per cent. With the elimination of
the first and the fourth sources – by closing down the two thermal power stations and
replacing coal fired steam engines by diesel engines in the two railway marshalling
yards – about 50 per cent (48.9 to be exact) cut down of sulphur dioxide emission is
expected.”
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The National Environmental Engineering Research Institute (NEERI) gave “Over-view
report” regarding status of air pollution around The Taj in 1990. 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 in 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 Court on or before May 5, 1993. A
copy of this order be sent to the Chairman and Secretary, U.P. Pollution Control
Board for compliance and report as directed.” - Meanwhile, NEERI submitted its report dated October 16/18, 1993 regarding sulphur
dioxide emission control measures at Mathura Refinery. Since the Mathura Refinery matter is
being dealt with separately it is not necessary to go into the details of the report. Suffice it to
say that apart from short term strategy, the NEERI recommended the use of natural gas,
setting up of Hydro cracking unit, improved sulphur Recovery Unit, Chemobiochemical
Sulphur Recovery and the setting up of green belt around the refinery. The NEERI report
examined in detail the decay mechanism and status of The Taj marble. How the deterioration
of marble occurs, is stated by NEERI as under:
“The deterioration of marble occurs in two modes. In the first mode, weathering
takes place if the marble is sheltered under domes and cornices, and protected from
direct impact of rain. Here a crust is formed, which after some period, exfoliates due
to mechanical stresses. In case of marble exposed to rain, gradual reduction of
material occurs, as the reaction products are washed away by rainfall and fresh
marble is exposed. The crusts are formed due to Sulphur Dioxide, but the cumulative
effects of all pollutants are more damaging. It is also observed that trace metals
present in fly ash and suspended particulate matter, e.g. Manganese, Iron and
Vanadium act as catalysts for oxidation of Sulphur Dioxide, and in turn enhance
degradation of marble calcite to gypsum.” - This court by an order dated February 11, 1994 asked the NEERI to examine
the possibility of using propane or any other safe fuel instead of coal/coke by the
industries in the TTZ.Theoperative part of the order is as under:
“We requested Mr. V.R. Reddy, learned Additional Solicitor General on January
14, 1994 to have discussion with the concerned authorities and assist us in probing
the possibility of providing some safe fuel to the foundries and other industries
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situated in the Taj trapezium. We are thankful to Mr. Reddy for doing good job and
placing before us various suggestions in that direction. Mr. Reddy has suggested that
NEERI be asked to examine the possible effects of the use of Propane as a safe fuel
from the point of view of atmospheric pollution. We accept the suggestion and
request Dr. P. Khanna to examine the feasibility of Propane as a possible alternative
to the present fuel which is being used by the foundries and other industries in the Taj
trapezium. This may be done within 2 weeks from today. Copy of this order be sent
to the Director, NEERI within 2 days from today. Government of India, Ministry of
Environment shall pay the charges of NEERI in this respect.
We further direct the U.P. State Industrial Development Corporation through its
Managing Director to locate sufficient landed area possibly outside the Taj trapezium
where the foundries and other industries located within the Taj trapezium can be
ultimately shifted. The Corporation shall also indicate the various incentives which
the Government/U.P.S.I.D.C. might offer to the shifting industries. The Managing
Director of the U.P.S.I.D.C. shall file an affidavit before this Court on or before
March 4, 1994 indicating the steps taken by the Corporation in this respect. We also
direct the Gas Authority of India to indicate the price of Propane which they might
have to ultimately supply to the industries 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 the 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 p.m.
We further direct the Secretary, Ministry of Petroleum, to depute a responsible
officer to be present in the Court on 8.3.1994 at 2.00 p.m.”
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, this Court on March 4, 1994 passed the
following order:
“Mr. K.K. Venugopal, learned senior advocate appears for the U.P. State
Industrial Corporation Limited. The Corporation has filed an affidavit wherein it is
stated that the Corporation has 220 acres of developed land in industrial area, Kosi
(Kotwa) where 151 plots are available for immediate allotment. It is further stated
that undeveloped land measuring 330 acres is available in Salimpur in Aligarh
District. Both these places are about 60/65 kms. away from Agra and are outside the
Taj environment Trapezium. It is also stated that 85 acres of undeveloped land is
also available at Etah, which is about 80 kms. away from Agra.
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Before we issue any directions regarding the development of area or allotment of
land to various industries, it is necessary to know the exact number of air polluting
industries which are operating within the Taj Trapezium which are to be shifted
outside the trapezium. Mr. Pradeep Misra, learned counsel for the U.P. State
Pollution Control Board fairly states that he would direct the Board Secretariat to
prepare a list on the basis of their record and survey, and submit the same in this
Court within a week from today.” - This Court on April 11, 1994 after hearing learned counsel for the parties, passed the
order indicating that as a first phase the industries situated in Agra be relocated out of TTZ.
While the industries were being heard on the issue of relocation, this Court on April 29, 1994
passed the following order:
“Efforts are being made to free the prestigious Taj from pollution, if there is any,
because of the industries located in and around Agra. It is further clear from our
order that the basis of the action initiated by this Court is the NEERI’s report which
was submitted to the Government of India in July, 1993.
We are of the view that it would be in the interest of justice to have another
investigation/report from a reputed technical/Engineering authority. Ministry of
Environment and Forests, Government of India may examine this aspect and appoint
an expert authority (from India or abroad) to undertake the survey of the Taj
Trapezium Environmental Area and make a report regarding the source of pollution
in the Trapezium and the measures to be adopted to control the same. The authority
can also identify the polluting industries in the Taj Trapezium. We, therefore,
request Mr. Kamal Nath, Minister Incharge, Department of Environment and Forests,
to personally look into this matter and identify 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. S. Varadharajan. - 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 March 14, 1996 directed the GAIL, Indian Oil Corporation and the UP
State Industrial Development Corporation to indicate the industrial areas outside the TTZ
which would be connected with the gas supply network. The order passed was as under:
“Mr. Reddy, the learned Additional Solicitor General after consulting Mr. C.P.
Jain, the Chief Environmental Manager, New Delhi has stated that mechanical
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process for bringing gas near Mathura Refinery shall be completed by December, - He further stated that the commissioning would be done by January, 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 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 network. 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.”
We have already heard arguments regarding relocation of industries from Taj Trapezium.
Some of the industries which are not in a position to get gas connections or which are
otherwise polluting may have to be relocated outside Taj Trapezium. The GAIL may also
examine whether in the event of availability of more quantity of gas, the same can be supplied
to the industries outside the Taj Trapezium which are located in the vicinity from where the
gas pipe is passing.
This Court on September 12, 1996 passed the following order regarding the safety
measures to be taken during the construction and operation of the gas network 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 pipeline 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.” - The NEERI submitted a Technical Report dated 7-3-1994 pertaining to “Issues
Associated with Fuel Supply Alternatives for Industries in Agra-Mathura Region”. Paras
2.4.1 and para 3 of the Report are as under:
“2.4 Safety Requirements
2.4.1 NG: The use of NG involves the defining of No Gas Zone for safe distribution.
The new sites in Agra and Ferozabad industries being identified by the Government of
Uttar Pradesh shall minimise this hazard as the industrial estates shall be suitably
designed for NG distribution.
The new industrial sites should preferably be out of the Taj Trapezium. The
incentives for industries to shift to new industrial estates need to be established to ensure
speedy implementation.
3.0 Summary
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The various issues raised in this report pertaining to the fuel supply alternatives to the
industries in Agra-Ferozabad region and the Mathura Refinery, can be summarized as:
- Need for relocation of industries;
- Availability of cleaner fuel (present and future);
- Environmental benefits from alternate fuels;
- Safety considerations;
The recommendations are summarized hereunder: - Shifting of small-scale polluting industries outside the Taj Trapezium on industrial
estate sites to be identified by the Government of Uttar Pradesh; - Provision of natural gas to the industries in Agra-Mathura region and Mathura
Refinery.”
Mr M.C. Mehta, Mr Kapil Sibal and other learned counsel representing the Agra
industries took us through 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
existing small industries, particularly the foundries, in an area south-east of Agra beyond
the Taj Mahal, have not been successful.”
- The Report clearly shows that the level of Suspended Particulate Matter (SPM) in the
Taj Mahal area is high. The relevant part of the Report in this respect is as under:
SPM (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 1991 to about 425 micrograms/cubic
metre in 1993.” - Para 71 of the Report deals with the consumption of coal in the Agra areas. The
relevant part is as under:
“… These do cause pollution of the atmosphere. Industries in Agra are situated northwest, north and north-east of the Taj Mahal, several of them being located across the
river. These are the major sources of concern as they are not far away, and much of the
time winds blow from their location towards Taj Mahal.” - Para 78 relating to the use of Natural Gas is as under:
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“… Natural Gas distribution to industries in existing locations in Agra would need
installation of pipelines and meters. This may be expensive and in addition not ensure
safety, as accidental leakage in pipeline network may lead to explosions and fires. It may
however be possible to use LPG or HSD with suitable precautions, after careful review.” - Relevant part of para 79 is as under:
“… NEERI Report dated 7-3-1994 on Fuel Supply alternatives (Annexure) suggests
Natural Gas can be considered for use only in new industrial sites.” - The industries in Agra have been dealt in paras 92, 93, 95 and 96 which are as under:
“92. Industries in Agra and Ferozabad have been asked to instal APCD to reduce
essentially SPM level in air emissions. The UPPCB has the authority to monitor their
performance to meet standards outlined for different industries by CPCB noting their
capacities. These regulations should be fully enforced. NEERI has suggested suitable sites
in Agra and Ferozabad which could be identified and developed as industrial estates with
facilities, separated from residential area. If such sites are developed, Natural Gas supply
in the industrial estate would be possible with safety, and the industrial units could be
shifted. - There is need for a single authority in such estate to coordinate all maintenance
and repair work on electrical supply, telecommunications, water, sewage, drains, roads
and construction. Any industrial estate in Agra with Natural Gas will have to be located at
a substantial distance from monuments to ensure full safety. * * * - When industrial units are relocated, it would be appropriate to modernise
technology equipment and buildings. Most of the units will need very substantial
financial assistance. The value of the present sites and their future use have to be
determined. It would 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 clear development planning strategy and resources, and will also take
several years for implementation. - 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 tonnes 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 action for
feasible changes and contributing disproportionately to atmospheric pollution have to face
action.”
112 - After careful examination of the two Varadharajan Reports (1978 and 1995) and the
various NEERI reports placed on record, we are of the view that there is no contradiction
between the two sets of reports. In the 1978 Report, Varadharajan found substantial level of
air pollution because of sulphur dioxide and SPM in the Agra region. The source, according
to the report, was the coal-users including approximately 250 small industries mainly
foundries. The excess of SPM was because of the use of coal. The Report specifically
recommended in para 5.4 for the relocation of the existing small industries particularly the
foundries. The 1995 Varadharajan Report clearly shows that the standard of atmospheric
pollution is much higher than the 1981-85 period which according to the 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. - 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……..:
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, Refractory 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 Taj, apart from being cultural heritage, is an industry by itself. More than two
million tourists visit the Taj every year. It is a source of revenue for the country. This Court
has monitored this petition for over three years with the sole object of preserving and
protecting The Taj from deterioration and damage due to atmospheric and environmental
pollution. It cannot be disputed that the use of coke/coal by the industries emit pollution in
the ambient air. The objective behind this litigation is to stop the pollution while encouraging
development of industry. The old concept that development and ecology cannot go together
is no longer acceptable. Sustainable development is the answer. The development of industry
is essential for the economy of the country, but at the same time the environment and the ecosystems have to be protected. The pollution created as a consequence of development must
be commensurate with the carrying capacity of our eco-systems. - 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.
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This Court in Vellore Citizens Welfare Forum v. Union of India [(1996) 7 JT 375] has
defined “the precautionary principle” and the “Polluter Pays principles”. - Based on the reports of various technical authorities mentioned in this judgment, we
have already reached the finding that the emissions generated by the coke/coal consuming
industries are air-pollutants and have damaging effect on the Taj and the people living in the
TTZ. The atmospheric pollution in TTZ has to be eliminated at any cost. Not even one per
cent chance can be taken when – human life apart – the preservation of a prestigious
monument like The Taj is involved. In any case, in view of the precautionary principle as
defined by this Court, the environmental measures must anticipate, prevent and attack the
causes of environmental degradation. The ‘onus of proof’ is on an industry to show that its
operation with the aid of coke/coal is environmentally benign. It is, rather, proved beyond
doubt that the emissions generated by the use of coke/coal by the industries in TTZ are the
main polluters of the ambient air. - We, therefore, hold that the above-mentioned 292 industries 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
hereunder. - 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 these industries shall be stopped
forthwith. The District Magistrate and the Superintendent of Police shall have this
order complied with.
(5) The GAIL shall commence supply of gas to the industries by June 30, 1997.
As soon as the gas supply to an industry commences, the supply of coke/coal to the
said industry shall be stopped with immediate effect.
(6) The Corporation/Government shall finally decide and allot alternative plots,
before March 31, 1997, to the industries which are seeking relocation.
(7) The relocating industries shall set up their respective units in the new
industrial estates outside TTZ. The relocating industries shall not function and
operate in TTZ beyond December 31, 1997. The closure by December 31, 1997 is
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unconditional and irrespective of the fact whether the new unit outside TTZ is
completely set up or not.
(8) The Deputy Commissioner, Agra and the Superintendent (Police), Agra shall
effect the closure of all the industries on December 31, 1997 which are to be
relocated by the date as directed by us.
(9) The U.P. State Government/Corporation shall render all assistance to the
industries in the process of relocation. The allotment of plots, construction of factory
building, etc., and issuance of any licence/permissions, etc. shall be expedited and
granted on priority basis.
(10) In order to facilitate shifting of industries from TTZ, the State Government
and all other authorities shall set up unified single agency consisting of all the
departments concerned to act as a nodal agency to sort out all the problems of such
industries. The single window facility shall be set up by the U.P. State Government
within one month from today. The Registry shall communicate this direction
separately to the Chief Secretary, Secretary (Industries) and Chairman/Managing
Director, UPSIDC along with a copy of this judgment. We make it clear that no
further time shall be allowed to set up the single window facility.
(11) The State Government shall frame a scheme for the use of the land which
would become available on account of shifting/relocation of the industries before
June 30, 1997. The State Government may seek guidance in this respect from the
order of this Court dated May 10, 1996 in I.A. No. 22 in Writ Petition (Civil) No.
4677 of 1985.
(12) The shifting industries on the relocation in the new industrial estates shall be
given incentives in terms of 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, 1947)
for not less than one year in the industries concerned before the said date.
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They shall be paid compensation in terms of Section 25-F(b) of the
Industrial Disputes Act. These workmen shall also be paid, in addition, six
years’ wages as additional compensation.
(e) The compensation payable to the workmen in terms of this
judgment shall be paid by the management within two months of the
retrenchment.
(f) The gratuity amount payable to any workmen shall be paid in
addition. - Before parting with this judgment, we may indicate that the industries in the TTZ
other than 292 industries shall be dealt with separately. We direct the Board to issue
individual notices and also public notice to the remaining industries in the TTZ to apply for
gas connection/relocation within one month of the notice by the Board. The Board shall issue
notice within one month from today. The matter is to come up for further monitoring in this
respect before this Court on April 4, 1997. - We may also indicate that this Court by order dated May 10, 1996 has stopped the
operation of all the brick kilns in the TTZ with effect from August 15, 1996. This Court by
order dated September 4, 1996 has directed that the fly-ash produced in the process of the
functioning of thermal plants may be supplied to the brick kilns for the construction of bricks.
This would be a useful step to eliminate the pollution caused by fly-ash. - This Court is separately monitoring the following issues for controlling air pollution
in TTZ:
(a) The setting up of hydrocracker unit and various other devices by the Mathura
Refinery.
(b) The setting up of 50 bed hospital and two mobile dispensaries by the Mathura
Refinery to provide medical aid to the people living in the surrounding areas (Court order
dated August 7, 1996).
(c) Construction of Agra bypass to divert all the traffic which passes through the city.
Under directions of this Court, 24 kms. stretch of the by-pass shall be completed by the
end of December 1996 (Court order dated April 10, 1996).
(d) Additional amount of Rs. 99.54 crores sanctioned by the Planning Commission to
be utilised by the State Government for the construction of electricity supply projects to
ensure 100 per cent uninterrupted electricity to the TTZ. This is necessary to stop the
operation of generating sets which are major source of air pollution in the TTZ (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).
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(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 months.
