M.C. Mehta vs.

UOI (Taj Trapezium Case)

Case details of Taj Trapezium Case
1. Name of the Case: M.C. Mehta vs. Union of India & Ors. (Taj Trapezium Case)
2. Court: Supreme Court of India
3. Date of Judgement: 30:12:1996
4. Judgement in favour of: C. Mehta
5. Citation: AIR 1997 2 SCC 353.

§ Facts of the Case

§ Taj Mahal was one of the 100 most endangered sites in the World as per the list
published by “World Monuments Fund”(WMF). It is an American Express Company,
in 1996.
§ The foundries, chemical/hazardous industries were the major sources of damage
caused to the monument. Furthermore, the refinery at the Mathura also contribute to
the same.
§ The sulphur dioxide from the industries and refinery, combined with oxygen and
moisture, leads to acid rain which has a corrosive effect on the white marble of Taj.
§ The atmospheric pollution has led to decay of the marble and fungal deterioration in
inner chamber of Taj.
§ The petitioner had sought appropriate directions to concerned authorities to stop
the air pollution in the Taj Trapezium Zone (TTZ) to save Taj Mahal as well as hold
the surrounding industries liable for pollution.

Issue Raised
Whether or not usage of coke/coal as an industrial fuel by the industries/refinery located in TTZ
is the cause of deteriorating conditions of Taj Mahal and the residents of that area?

Arguments from plaintiff

• The counsel for plaintiffs argued that 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. They further state 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.
• Furthermore, Mr. M.C. Mehta, the petitioner, however, suggested that instead of laying
the pipe line from Bijapur to Dadri via Mathura, it would be economical and time
saving exercise to lay down the lines from Auria or Babrala to Mathura. According to
him, this would be in conformity to the Report already submitted by NEERI in this
respect. he has further submitted that if the pipe- line is drawn from Auria, it would
also serve the industries at Ferozabad and Agra.
• Varadharajan Committee Report:
• 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. Also, the Report clearly shows that
the level of Suspended Particulate Matters (SPM) in the Taj Mahal area is high.
• M.C. Mehta and Mr. Krishan Mahajan had taken the court through some parts of the
report. There are now two major reports on the subject. There is a NEERI report to
which we have referred to in our various orders from time to time. NEERI report was
submitted sometime in July 1993. In its report, NEERI suggested that in order to
preserve Taj it is necessary to re-locate various industries located in Taj Trapezium.
The Vardharajan Committee Report now received also suggests the relocation of the
industries situated in Taj Trapezium. The Vardharajan Committee has also given
various other useful suggestions for improving the atmospheric environmental
quality around Taj and also for preservation of Taj Mahal

Arguments from Respondent

• 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. The court proposed to
issue public/individual notices inviting objections/suggestions from the industries
concerned. Mr. Venugopal stated that he would prepare & file the format of the said
notice. This matter to come up for further consideration on 8.4.94.
• Sibal and Mr. Parekh, learned counsel appearing for most of the industries have
informed the court that the industries are taking steps to approach the GAIL for gas
connection. Mr. Parekh further states that most of them have already done it. This is
a matter between the industries and GAIL. It is for their benefits that the industries
should approach the GAIL for gas connection.”
• Finally , 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 whole
purpose is to stop air pollution by banishing coke/coal from TTZ.

§ Environmental Principles Applied and Analysis

§ Precautionary Principle: [Vellore Citizens Welfare Forum vs. Union of India & Ors.
(1996)] The State Government and statutory authorities must anticipate, prevent and
attack the main causes of environmental pollution to prevent any further damage. In
cases of serious threats and irreversible damage, lack of scientific certainty must not
be a reason to prevent the authorities to take measures against environmental
degradation. The onus of proof is on the actor/developer/industrialist that his action
was environmentally benign.

• Polluter Pays Principle: [Indian Council for Enviro-legal Action vs. Union of India
(1996)] Once the hazardous or inherently dangerous activity is carried on, the person
carrying out the activity is liable to make good the loss irrespective of the fact that
whether he took reasonable care while carrying out the activity.
• Article 21: Protection of life and personal liberty.
• Article 47: The article recognises the duty of State to raise the level of nutrition and
standard of living and to improve public health.
• Article 51.A(g): The State must protect and improve the natural and environment
including the forests, lakes, rivers and wild life, and have compassion for the living
creatures.

§ Apex Court’s Opinions in Taj Trapezium Case

• There has been usage of coke/coal by the identified 292 industries located in TTZ. It
has led to atmospheric and environmental pollution causing deterioration of Taj.
Article 21 protects the quality of life of affected people residing in TTZ. The Apex
Court opined usage of coke/coal by the industries of TTZ as an industrial fuel must be
stopped. The factors considered were: taking cognizance of residents’ health in TTZ
(Article 47) and sustainable development of the monument (Article 51.A.(g)).
• Applying the precautionary principle, the authorities must anticipate, prevent and
attack the root cause deterioration of Taj (caused due to environmental degradation)
to ensure sustainable development. The onus of proof was on the industries to prove
that the usage of coke/coal is environmentally benign but they failed to do so and it is
proved beyond doubt that the usage of these industrial fuels is main air pollutants
causing degradation of Taj.
• Rights and benefits for workmen employed in 292 Industries:
• Continuity of employment at the new town and place where the industry is shifted
with same terms and conditions of employment.
• The period between the closure of the industry and its restart would be treated as
active employment. Hence, the workmen had to be paid their full wages with
continuity of service.
• All those workmen who agreed to shift with the industry had to be given one year’s
wages as ‘shifting bonus’ to help them settle at the new location.
• The workmen employed in the industries who did not intend to relocate/obtain
natural gas and opt for closure, were 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.
• The compensation paid within two months of the retrenchment of workmen.
• The gratuity amount payable to any workmen will be paid in addition.
•

§ Judgement in Taj Trapezium Case

• The court held that those pollution causing industries will shift from coke/coal to
natural gas as their industrial fuel.
• The industries which fail to obtain for the gas connection must stop functioning in TTZ.
Further, may relocate themselves in the alternative plot provided to them by GAIL
away from TTZ.
• The workmen of these industries were provided with the assurance of continuance of
their employment during relocation period. Moreover, ‘shifting bonus’ will be provided
for their relocation.
• Workmen refusing to relocate will be retrenched. They would be provided with
compensation as per S.25-F(b) Industries Disputes Act along with gratuity amount in
addition.
 § Critical Analysis and Conclusion of Taj Trapezium
Case
The judgment only covers only 292 industries out of the 510 names presented by the pollution
control board. The rest of the industries also caused the pollution in some ways resulting in the
yellowing of the marble. However, the court repositioned only those industries which refused to
accept natural gas as a substitute fuel.

Nevertheless, this landmark judgement of Taj Trapezium Case helped recognize the issue of
environmental damage around the Taj Mahal. It highlighted few causes for the depredation of
the marbling of the monument along with recognizing other environmental problems. The Apex
Court took a remarkable initiative by giving due consideration to various principles and concepts
of environmental law.