Author: Monica R, Sastra Deemed University
ABSTRACT
Taj Trapezium case is one of the landmark judgement in the Indian Environmental Law history. In this case, the Supreme Court has used the principles like polluter pays and precautionary principles to make the defaulting industries to held liable for the damages caused and also for the cost of restoration for the damages caused. This judgement is used as a precedent by court for deciding the liability of the defaulters in environmental cases. This case shows the need for the protection of the environment above industrialization.
INTRODUCTION
An important ruling in Indian environmental law is the Taj Trapezium Case. It emphasizes how crucial it is to balance the demands of economic growth with the protection of cultural heritage assets from environmental dangers. The case emphasized the judiciary’s responsibility in guaranteeing the preservation of India’s natural and cultural heritage and established a precedent for the use of important environmental principles in court proceedings.
This case is an important precedent for future issues concerning environmental protection and historic conservation because of the Supreme Court’s proactive approach, which has had a long-lasting effect on environmental jurisprudence in India.
FACTS OF THE CASE
The white marble of the Taj Mahal turned yellow as a result of pollution and acid rain, because of the pollutants like sulfur dioxide react with oxygen and moisture to have a corrosive impact in the environment. The monument’s deteriorating condition prompted the petition to be submitted. Growing pollution became a major problem . For this reason, the Taj Mahal’s protection was requested. In 1984, M.C.Mehta brought this issue to the attention of the public by filing a public interest lawsuit.
ISSUE
Is the Taj Mahal’s declining state caused by the industry in TTZ using coal and coke as an industrial fuel?
PLAINTIFF CONTENTIONS
M. C. Mehta made arguments on behalf of the plaintiff, stating that the hazardous chemical industries, brick factories, rubber and lime processing units, iron foundries, etc that work in the vicinity of the Taj Mahal were the primary causes of the monument’s destruction, with the Central Pollution Control Board study stating that the Mathura refinery and the Firozabad Glass Industry were the distant sources that also had a role.
In order to identify the precise industries causing irreversible harm, a thorough survey of the area was required. In addition, M.C. Mehta’s argument focused on the detrimental effects of acidic emissions from the industries, which had posed serious threats to our ecosystem by affecting plants and architectural materials like marble and red stone. In addition, he proposed an alternate route from Auria or Babrala to Mathura, citing time and cost savings advantages over laying the pipeline from Bijapur to Dadri via Mathura.
RESPONDENT CONTENTION
According to Venugopal, senior counsel representing the UPSIDC, the UPSIDC would assess industry demand before identifying the necessary space outside the Taj Trapezium for the relocation of these enterprises. The court suggested sending out individual and public notices asking the relevant industry for comments or objections. According to Mr. Venugopal, he would draft and submit the notice’s format. On 8.4.94, this issue will be brought up for additional discussion.
The majority of the businesses’ skilled attorneys, Mr. Sibal and Mr. Parekh, told the court that the companies are moving forward with approaching GAIL for a gas connection. The majority of them have already done it, Mr. Parekh adds. This is an issue between GAIL and the industries. Businesses should contact GAIL to connect to gas since it will benefit them.
The experienced counsel for the industries, Mr. Kapil Sibal and Mr. Sanjay Parikh, have finally made it apparent that gas will be accepted as an industrial fuel by all industries. The goal of removing coal and coke from TTZ is to prevent air pollution.
The Supreme Court has taken into account the following reports, constitutional provisions, and principles for deciding this case.
VARADHARAJAN COMMITTEE REPORT
The Expert Committee recommended that measures be made to guarantee that no new industries, including small businesses or other units, that might generate pollution are situated northwest of the Taj Mahal. This suggestion has been implemented. Nevertheless, there has been little success in moving the tiny enterprises that are now in place, especially the foundries, to a location southeast of Agra that is outside the Taj Mahal. Additionally, the report unequivocally demonstrates that the Taj Mahal region has a high amount of suspended particulate matter (SPM).
The court had been shown portions of the report by Mr. Krishan Mahajan and M.C. Mehta. Two significant reports on the topic are now available.
They have occasionally made reference to a NEERI report in their different instructions. In July 1993, the NEERI report was turned in. In its research, NEERI report recommended that certain industries in Taj Trapezium have to be moved in order to preserve the Taj Mahal. The Vardharajan Committee Report, which was just received, also recommends moving the Taj Trapezium’s industry. The Vardharajan Committee has also made a number of other helpful recommendations for preserving the Taj Mahal and enhancing the surrounding air quality.
NATIONAL ENVIRONMENTAL ENGINEERING RESEARCH INSTITUTE
A study on sulphur dioxide emission control methods at the Mathura Refinery was submitted in October 1993 by the National Environmental Engineering Research Institute, which studied the process of pollution-induced degradation of Taj Mahal’s marble.
To lessen the consequences of pollution, the research highlighted tactics such using natural gas, designating particular refinery units, and establishing a green belt surrounding the refinery.
POLLUTER PAYS PRINCIPLE
Indian Council for Enviro-legal Action vs. Union of India (1996) laid down this principle. Regardless of whether he used reasonable caution, the person who engages in the hazardous or intrinsically risky action is responsible for making up any losses after the activity has begun.
CONSTITUTIONAL PROVISIONS
Article 21 deals with the protection of right to life and personal liberty.
Article 47 deals with the duty of the state to ensure the public health and nutrients standard of the citizens.
Article 51A(g) deals with the duty of the State to show compassion for all living things and preserve and enhance the natural environment, including forests, lakes, rivers, and wildlife.
PRECAUTIONARY PRINCIPLE
Vellore Citizens Welfare Forum vs. Union of India & Ors. (1996) as laid down Precautionary Principle. To stop more harm, the State Government and statutory agencies must foresee, stop, and combat the primary sources of environmental pollution. Lack of scientific proof should not be an excuse for government to not take action against environmental deterioration when there are significant risks and irreparable harm. The performer, developer, or industrialist bears the burden of demonstrating that his conduct was ecologically beneficial.
CENTRAL BOARD ON PREVENTION AND MANAGEMENT OF WATER POLLUTION REPORT ON TAJ MAHAL
The report highlighted the effects on the air quality surrounding the Taj Mahal by identifying a number of industrial operations in Agra and estimating the amount of sulphur dioxide from various sources.
UTTAR PRADESH POLLUTION CONTROL BOARD REPORT
By providing affidavits, the U.P. Pollution Control Board classified industries in the Agra region in accordance with court orders. The affidavits stressed the predominance of polluting industries and the non-compliance by the various companies, which resulted in closures until pollution control equipment were installed.
SUPREME COURT VIEW ON TAJ TRAPEZIUM CASE
Coke and coal have been used by the 292 industries that have been recognized in TTZ. The Taj Mahal has deteriorated as a result of environmental and atmospheric pollutants. The quality of life of the residents of TTZ is safeguarded under Article 21 of the Indian Constitution. According to the Supreme Court, the TTZ industries’ use of coal and coke as industrial fuels needs to end. Court considered the following articles – sustainable development of the monument (Article 51.A.(g)) and consideration of the health of TTZ residents (Article 47).
To guarantee sustainable development, the government must adopt the precautionary principle to foresee, stop, and combat the Taj’s deterioration, which is a result of environmental degradation. The companies had the burden of demonstrating that the use of coal and coke was ecologically benign, but they were unable to do so, and it is now undeniably clear that the use of these industrial fuels is the primary source of air pollutants that are causing Taj Mahal to deteriorate.
JUDGEMENT
According to the court, Industries that cause pollution will switch from utilizing coal or coke as their industrial fuel to natural gas.
Industries in TTZ must cease operations if they are unable to secure a gas hookup. Additionally, they have the option to go away from TTZ to the other locations that GAIL has given them. During the period of relocation, the workers in these industries were guaranteed employment continuity. Additionally, a “shifting bonus” will be given for their move.
Protection will not be provided to the workers refuse g to the above benefits. In accordance with Section 25-F(b) of the Industries Disputes Act, they would get compensation in addition to a gratuity.
CONCLUSION
Nowadays, pollution is rapidly increasing everywhere in the world. The elegance and architecture of the Taj Mahal are well known. This case supports taking actions to prevent the degradation of monuments. It also helps put pollution control measures into action. This landmark decision in the Taj Trapezium Case raised awareness of the problem of environmental deterioration across the Taj Mahal. It not only helped identify some of the reasons why the monument’s marbling deteriorated, but it also quietly pointed out a number of environmental issues that were connected to it. The Supreme Court demonstrated remarkable initiative by carefully weighing various ideas and notions of environmental law.
SOURCES
1. Varadharajan Committee Report, (1992)
2. Central Board on Prevention and Management of Water Pollution Report on Taj Mahal, (1992)
3. Uttar Pradesh Pollution Control Board Report, (1993)
4.https://www.casemine.com/commentary/in/relocation-of-air-polluting-industries-from-taj-trapezium-zone:-a-landmark-judgment/view.
