CASE NAME
M.C. Mehta v. Union of India & Ors. ( also called as Taj Trapezium Case)
CITATION
(1997) 2 SCC 353
JUDGES
Justice Kuldip Singh
Justice Faizan Uddin
YEAR
1996 (Judgment delivered on December 30, 1996)
JURISDICTION
Supreme Court of India
INTRODACTION
The case M.C. Mehta v. Union of India & Ors. is a landmark environmental judgment that focused on the protection of the Taj Mahal from industrial pollution. The case was filed by M.C. Mehta, a well-known environmental lawyer, argued that pollution from industries in the Taj Trapezium Zone (TTZ) was damaging the Taj Mahal’s marble.
FACTS OF THE CASE
The Taj Mahal, a UNESCO World Heritage Site, is one of the world’s most significant monuments, built by Mughal Emperor Shah Jahan in the 17th century.
Scientific reports indicated that the white marble of the Taj Mahal was turning yellow due to air pollution.
The main pollutants were sulfur dioxide (SO₂) and suspended particulate matter, primarily from foundries, chemical industries, and the Mathura Oil Refinery.
SO₂ emissions react with atmospheric moisture, forming sulfuric acid, which leads to acid rain, corroding the marble of the Taj Mahal.
The Taj Trapezium Zone (TTZ), a 10,400 sq. km area covering Agra, Mathura, and Firozabad, was created to regulate pollution, but industries continued to operate, causing environmental harm.
M.C. Mehta filed a Public Interest Litigation (PIL) in the Supreme Court, demanding strict regulations and pollution control measures to protect the Taj Mahal.
ISSUES BEFORE THE COURT
Issues Raised by the Petitioner (M.C. Mehta)
1. Is industrial pollution the primary cause of the Taj Mahal’s marble deterioration?
2. Should polluting industries in the Taj Trapezium Zone be relocated or required to adopt cleaner fuel technologies?
3. Does the government’s failure to control pollution violate the citizens’ fundamental right to a clean environment under Article 21?
Issues Raised by the Respondents (Industries & Government)
1. Is industrial pollution the sole reason for the Taj Mahal’s damage, or are other factors like natural aging and tourist pollution also responsible?
2. Would shutting down industries in TTZ lead to unemployment and economic hardships for workers and businesses?
3. Instead of shutting down industries, should the government allow them to implement pollution control measures while continuing operations?
ARGUMENTS BY THE PETITIONER (M.C. Mehta)
Scientific studies confirmed that SO₂ emissions from industries were causing acid rain, corroding the Taj Mahal’s marble. Industries in the TTZ were violating pollution control norms, and despite regulations, they continued to use coal and other polluting fuels. The 'Precautionary Principle' must be applied – Even if complete scientific certainty was unavailable, precautionary measures should be taken.
ARGUMENTS BY THE RESPONDENTS (Industries & Government)
Industries' Arguments
There was no conclusive scientific evidence proving that industrial pollution was the sole cause of the Taj Mahal’s deterioration. Shutting down industries would result in mass unemployment and economic decline in Agra and Mathura. Industries should be given the opportunity to adopt cleaner technologies instead of being forced to relocate.
Government’s Arguments
The government had already taken steps to reduce pollution, such as setting up the Taj Trapezium Zone (TTZ) and implementing environmental regulations. The Mathura Oil Refinery had installed pollution control equipment, and further measures were planned to improve air quality.
JUDGEMENT OF THE SUPREME COURT
Key Directives of the Judgment
1. Closure or Relocation of Polluting Industries – 292 industries within the Taj Trapezium Zone (TTZ) were ordered to either relocate outside the zone or switch to cleaner fuels (natural gas).
2. Mandatory Use of Cleaner Fuel – Industries in TTZ were required to stop using coal and switch to natural gas.
3. Creation of a Green Belt – A Green Belt was mandated around the Taj Mahal to act as a buffer against pollution.
4. Control of Vehicular Pollution – Public transport and commercial vehicles in Agra were ordered to switch to CNG (Compressed Natural Gas).
5. Compensation for Affected Industries – The government was directed to provide financial aid and alternative locations for industries that had to be relocated.
6. Regular Environmental Monitoring – The Central Pollution Control Board (CPCB) was instructed to conduct periodic air quality assessments in TTZ.
IMPACT & SIGNIFICANCE OF THE CASE
Legal & Environmental Impact
Strengthened India’s environmental jurisprudence by enforcing the Precautionary Principle and Polluter Pays Principle. Led to the formation of the Taj Trapezium Zone (TTZ) Authority to regulate pollution levels.
Economic & Industrial Impact
Forced industries to shift from coal to natural gas, influencing India’s CNG revolution. Created environmentally sustainable industrial policies while ensuring economic balance.
CONCLUSION
The M.C. Mehta v. Union of India case is a landmark judgment in environmental and heritage conservation law. It demonstrated the Supreme Court’s proactive role in protecting the environment and emphasized that economic development should not come at the cost of environmental degradation. By enforcing strict pollution control measures and relocating polluting industries, the judgment set a precedent for future environmental litigation in India.