CASE ANALYSIS ON -M.C MEHTA V/s UNION OF INDIA.-TAJ TRAPEZIUM
Supreme Court Case
Bench- Kuldip Singh, Faizan Uddin
The Mathura refinery, produces a large amount of sulphurdioxide and combines with oxygen to produce sulphuric acid, known as acid rain, during rain this acid rain deteriorates the white marble of Taj Mahal.
while marvel changes its color to pale yellow, during the time its come in contact with acid rain.
Some portion of yellow marvel started decaying with dark and brown patches of algae and fungi. Other reasons that increases the AIR pollution in the atmosphere, high traffic, brick-kilns, small industries
including steel plant, rubber processing, ferro alloy and non ferro alloy heavy use of coal in industries and a shunt railway nearby TAJ Zone..
Petitioner urges to take appropriate and immediate actions to preserve world heritage site-Taj Mahal known as taj trapezium here.
Recommendation by varadharajan committee
The northwest side of Taj Mahal, requires urgent need to reduce pollution, so no new industries be formed. The southeast side of Taj Mahal , needs reallocation of industries to some other places, in-order to control pollution. Industries like petrochemical and fertilizer industries
Must allocating at distant place far way from Mathura Refinery.
No new industry must formulate without prior permission of government or must make arrangement to shift to some other places.
All the measure must be taken to reduce Air pollution in atmosphere.
An authority to check and monitor the atmospheric air quality, must be appointed to check the pollution level in atmosphere.
To control pollution in Agra, the implementation must be speedy.
With expert advice immediate implementation of green Belt between Agra and Mathura region.
The industries that uses coal by making production, must deferred.
THE NATIONAL ENVIRONMENT ENGINEERING RESEARCH INSTITUTE (NEERI)
Through monitoring, the air quality over Taj Mahal worst, it exceeds the target of fresh atmospheric air. the impure air around Taj Mahal, calculated as 300UG/M3.
Targeted standard value of fresh atmospheric air was 120ug/m3.
gaseous substance become acidic in nature and that a f f e c t s b o t h b i o t i c a n d a b i o t i c l i f e a r o u n d
NEERI recommends installing hydro cracking unit, chemo biological sulfuric recovery and implementation of green belt area around TAJ.
Judgment of Court- 8th January 1993
The court directed to U.P Pollution Control Board to conduct the survey, send notice to all industries that causes extreme pollution Public notice states to install air purifying treatment plant in industries before 5th may,1993. After intimating the industries, the UP pollution control board has to submit the report before 5th may 1993.
The Role of UP BOARD
Within 2 weeks of judgment, a public notice served in 2 national and 2 local newspapers.
The notice states that all 511 industries including Mathura Refinery but, it was dealt separately by respective court.
Directed to install anti pollution treatment plant as soon as may 5th 1993.
JUDGMENT OF COURT ON 5TH MAY 1993
507 industries, out of 511 industries fail to install anti-pollution treatment plant, whereas 211 industries do not respond to published notice in newspaper. The court further directed that 211 industries that do not respond to the notice, stopped from working till 27th August 2018, till further notice. This order shall prevail till industries setup the
Pollution control devices.
JUDGMENT-30 DECEMBER 1996
The court decided to use environmental law instead of constitutional provisions in support of this case. Court empowers the Gail to produce natural gas to 292 industries granted permission to use natural fuel.
Other industries could apply directly to Gail or UPSIDC on or before 28 February 1996.
The industries that fails get connection of natural gas, allotted a different land away from TAJ Trapezium zone, from 28th march 1996, such industries debarred from functioning nearby TAJ Area. GAIL shall supply the natural gas from 30 June, 1997. Industries shall be reallocated to some other plot before March 31, 1997.
All the relocating industries shall stop function till extension of 31 December 1997. Superintendent police shall start working on closure of
Industries before 31st December 1997, as stated by the court.
The allocated industries shall seek the assistance from UP state in order to get the registration of plot number, license, insurance and permission.
All the workmen employees in 292 industries were allowed
to gratuity fund for 1 year.
The workmen were given the assurance by court, to preserve their job while reallocating of industries to some other place. Workmen, who agree to shift along with industries to relocating place, shall render with full wages. The time period between closing of industry from Agra
and opening of industry, workmen liable to all the gratuity benefits and wages for 1 years, as active workmen in industry.
The compensation given to workmen in compliance to this judgment, must given over a period of 2 months. Other industries other than these 292 industries, directs the UP government to publish a public notice to other industries to apply for gas connection from GAIL as intimidated by the court.
Other Observation of Court-taz trapezium
The Mathura Refinery intimidated by court to install hydro cracker units.
50 bed hospital with 2 mini dispensaries open for the victims that affected by heavy air pollution nearby Mathura Refinery.(order august 7,1996).
To reduce the pollution in Agra, 24 KM bypass completed before 10 April 1996. 99.54 crores of rupees sanction to state government to initialize a electricity power plant that ensures all time light facility at TAJ MAHAL.
Green belt area around Taj initiated as per report of NEERI Safe drinking water through set of water supply and renovation of river Yamuna.
All the shops located nearby Taj Mahal directed to shut down. Court directed to open new cells for safety of Taj Mahal.