M.C. Mehta vs Union Of India & Ors

I.A. NO. 103908 OF 2019 :

This Interlocutory Application has been moved by the State of Uttar Pradesh seeking clarification of this Court’s order of 22 March 2018

directing Status Quo. We have heard Ms. Aishwarya Bhati, Additional Advocate General and Mr. M.C. Mehta, the petitionerÂinÂperson. We have

also perused our earlier Orders and the affidavit filed by the Commissioner, Agra Division and Chairman, Taj Trapezium Zone Pollution (Prevention

and Control) Authority, Agra.

On 08 December 2017, this Court identified an urgent public interest in preparing a futureÂoriented comprehensive Vision Plan to preserve the Taj

and its environs, being the Taj Trapezium Zone (for short, “TTZâ€) which is spread over six districts of Uttar Pradesh and one district (Bharatpur)

in Rajasthan. Directions were issued to undertake such exercise with consultation of all stake holders as well as experts in heritage (both cultural and

historical), environment, wildlife and pollution prevention. Consultation with civil society was also mandated, including with Mr. M.C. Mehta who has

dedicated numerous decades to protecting the Taj.

Thereafter on 22 March 2018, learned counsel for Uttar Pradesh submitted that a vision document was likely to be prepared in consultation with the

School of Planning and Architecture and that a Project Committee had been constituted for such purpose. This information was directed to be

conveyed to Mr. Mehta along with the terms of reference of the Committee so that he could suggest requisite modifications and solutions.

Since learned counsel for Uttar Pradesh informed that a first draft of the vision document would take approximately four months, this Court

directed that “Until then, there will be a status quo in the Taj Trapezium Zone (TTZ).â€​

While seeking clarification of the above reproduced status quo order, it has been stated by the State of U.P. that the first draft of the vision

document prepared by the School of Planning and Architecture, New Delhi was filed with the Registry on 24 July 2018. Thereafter, the matter was

heard on 13 February 2019 when the State Government was allowed to give its suggestions within four weeks, which were so submitted on 03 April

2019. It has been further explained to us how various authorities are facing difficulties in deciding such environmental clearances, causing hardship to

both the State Government and the public.

Learned Counsel for Uttar Pradesh thus submits that in view of compliance of the `conditional’ status quo order, the State Government and

other statutory authorities may now be permitted to grant environmental clearances which are necessary for providing essential public facilities

including drinking water supply, sewerage treatment plant, drainage system, solid waste disposal, Common Effluent Treatment Plant, Bio Medical

Waste Treatment Facility, and Waste to Energy Plants etc.

In light of the aforementioned amenities being crucial for securing basic living conditions of TTZ’s residents, we are of the opinion that there

need not be any impediment for granting necessary clearances for the same. We are conscious of the fact that citizens have a fundamental right to

such essential amenities; and how counterÂintuitively, not allowing construction of such basic infrastructure can itself create new polluting waste and

threaten the environment.

As regards permission for establishing nonÂpolluting industrial units, it appears to us that only those small, micro and macro level industries which

are both nonÂpolluting and ecoÂfriendly and which have necessary clearances from all statutory authorities as well as concurrence of the Central

Empowerment Committee and NEERI, can be setÂ​up within the notified industrial area.

We, thus, clarify that since the interim order dated 22nd March 2018 directing maintenance of status quo was passed to ensure timely submission of

the Vision Plan by the State of U.P. and the said direction already stands complied with, there shall be no impediment for the authorities to consider

pending environmental clearances which are necessary to secure essential amenities within TTZ. Simultaneously, the State and other statutory

authorities are free to consider requests for relocating ecoÂfriendly nonÂpolluting industrial units, subject to them meticulously complying with

environmental laws and all norms/conditions laid down by this Court (including those in the main judgment of 30th December 1996). Concurrence with

the Central Empowerment Committee and opinion of NEERI shall also be necessary before according such permission.

There shall, however, be an embargo on granting clearances to and/or shifting of any heavy industry until a final decision is taken on the vision

document. The interlocutory application is accordingly disposed in above terms.

I.A. NOS. 87790, 87792, 105655 & 105652 OF 2019 :

In view of the order passed by us separately in IA No. 103908 of 2019, the instant interlocutory applications are disposed with a direction that let

appropriate decisions be taken on the applicant industries’ applications strictly as per law and prescribed norms within six weeks.