M.C. Mehta v. Union of India (Taj Trapezium Case)

Acid rain, soot and coal smoke from Agra's foundries were yellowing the marble of the Taj Mahal. After monitoring the petition for over three years, the Supreme Court ordered 292 industries to switch to natural gas or move out of the Taj Trapezium Zone.

Quick Revision

Read the full judgment: Supreme Court of India (sci.gov.in)

Parties

M.C. Mehta — petitioner. He appeared in person. He sought directions to stop air pollution in the Taj Trapezium Zone.

Union of India and others — respondents. The judgment names them as Union of India and others. The Ministry of Environment and Forests, the State of Uttar Pradesh and the U.P. Pollution Control Board took part in the proceedings.

Industries in the TTZ — parties affected by the order. They were represented through the National Chamber of Industries and Commerce, U.P., Agra, the U.P. Chamber of Commerce and the Glass Industries Syndicate. Some also appeared through their own counsel.

Gas Authority of India Ltd. (GAIL), Indian Oil Corporation, the U.P. State Industrial Development Corporation (UPSIDC) and NEERI — bodies the Court directed to supply gas, land and expert reports.

Procedural History

The Court passed these orders in the same petition before the judgment. The judgment quotes each of them.

1. 8 January 1993: the Court directed the U.P. Pollution Control Board to survey the area, list the polluting industries and foundries, and issue notices. The Board was to report by 5 May 1993.
2. 3 May 1993: the Board filed an affidavit listing 511 industries and saying notices had gone out to all of them.
3. 5 May 1993: the Court asked the Board to publish a public notice in two local and two national newspapers. All 511 industries were to install anti-pollution equipment and reply within eight weeks of publication. The notice was to be published within two weeks. The matter was listed for 10 August 1993.
4. 5 August 1993: the Board's affidavit said notice had appeared in two local Agra papers on 17 May 1993 and two national papers on 18 May 1993. It said 507 industries had installed no air pollution control device.
5. 27 August 1993: 212 industries that did not respond and took no step to install pollution control devices were closed by an order dated 27 August 1993. The closure was to last until the devices were set up.
6. 16/18 October 1993: NEERI reported on sulphur dioxide control at the Mathura Refinery. The refinery is being dealt with separately, and this judgment does not decide it.
7. 5 November 1993: the Court suggested that the Union of India explore gas as fuel for glass industries and foundries around Agra. On 19 November 1993 it gave counsel time until 26 November 1993 and issued notice to the Secretary, Ministry of Petroleum, and the Chairman, GAIL.
8. 26 November 1993: GAIL said a detailed survey of demand was needed. NEERI said it could do that survey. The matter was listed for 17 December 1993.
9. 11 February 1994: the Court asked NEERI to examine propane or another safe fuel instead of coal/coke. It directed UPSIDC to find land outside the TTZ and to file an affidavit by 4 March 1994. It asked GAIL to indicate the price of propane within four weeks.
10. 25 February 1994 and 8 March 1994: the Court called the heads of the Oil and Natural Gas Commission, the Indian Oil Corporation and GAIL to court. It asked each to file a note within five days.
11. 4 March 1994: UPSIDC said it had 220 acres of developed land at Kosi (Kotwa), with 151 plots. It had 330 acres of undeveloped land at Salimpur in Aligarh district. It had 85 acres of undeveloped land at Etah. These sites are 60 to 80 km from Agra.
12. 4 March 1994: the Court asked the Board and the Secretary, Industries Department, U.P., to file a list of air-polluting industries within the TTZ within a week.
13. 31 March 1994: the Court noted that UPSIDC would assess each industry's demand and find land. It proposed public and individual notices inviting objections.
14. 11 April 1994: the Court examined the NEERI report of July 1993. It ordered that industries in Agra be relocated out of the TTZ in a first phase.
15. 29 April 1994: the Court asked the Ministry of Environment and Forests to appoint another expert authority to survey the TTZ. It personally requested Mr. Kamal Nath, the Minister in charge, to look into this.
16. 18 May 1994: the Government of India appointed an expert committee under Dr. S. Varadharajan.
17. 5 August 1994 and 8 August 1994: the Court examined the Indian Oil Corporation's feasibility study, which found natural gas the best fuel for the Mathura Refinery. It asked GAIL for an affidavit on progress. The Court asked whether the June 1996 date could be advanced to December 1995. The Corporation's General Manager said Mr. M.C. Mehta's proposal to lay the line from Auria or Babrala to Mathura was not feasible.
18. Pursuant to the Court's order of 21 October 1994, GAIL filed an affidavit saying all efforts were being made to complete the pipeline project by December 1996. The judgment does not state the date of the affidavit.
19. 3 August 1995: the Court noted the NEERI and Varadharajan reports both suggested relocation. It called it the primary duty of the Ministry of Environment and Forests to safeguard the Taj. It was prima facie (at first sight) of the view that polluting industries would have to be relocated. It asked the Ministry and the State of U.P. to prepare a relocation scheme within four weeks.
20. The Ministry's affidavit, filed after that order, took no positive stand on relocation. The Court requested Mr. Rajesh Pilot, the then Minister, to have the two reports examined quickly. It said it wanted a positive response.
21. 14 March 1996: the Court directed GAIL, the Indian Oil Corporation and UPSIDC to file an affidavit within two weeks. It was to say which industrial areas outside the TTZ would be connected to gas.
22. 10 April 1996: the Court noted GAIL's affidavit of 2 April 1996. The Ministry of Petroleum and Natural Gas had allocated 0.60 MMSCMD for industrial units in Agra and Ferozabad. The Court asked GAIL to consider safety within Agra and directed the Collectors of Agra and Ferozabad to help GAIL acquire land for two city gate stations.
23. 12 September 1996: the Court recorded GAIL's affidavit on safety. It recorded counsel Mr. Sibal and Mr. Parekh saying the industries were approaching GAIL for gas connections.
24. The Court then heard the matter for several days and disposed of the issue by this judgment. The Ministry had given no helpful response.

Facts

1. The Taj Mahal is a national monument of surpassing beauty. It is a marble tomb for Mumtaz Mahal, wife of the emperor Shah Jahan.
2. The World Monuments Fund (American Express Company) put the Taj on its 1996 list of the 100 most endangered sites in the world. Its note said Agra's urban infrastructure was inadequate for transport, water and electricity.
3. The note named the densest pollution near the Taj as coming from residential fuel combustion, diesel trains and buses, and back-up generators.
4. The note said the proposed Agra Ring Road and Bypass, meant to divert an estimated 6,50,000 tons of trans-India truck traffic daily, awaited financing.
5. The note added that strict industrial pollution controls set in 1982 were being enforced after a 1993 Supreme Court order. It mentioned a proposed Asian Development Bank loan of $300 million and said Agra has three World Heritage Sites.
6. According to the petitioner, foundries, chemical/hazardous industries and the Mathura Refinery are the major sources of damage to the Taj.
7. Sulphur dioxide from the refinery and industries combines with oxygen and moisture to form sulphuric acid, called acid rain. Acid rain corrodes the white marble.
8. Industrial and refinery emissions, brick-kilns, vehicular traffic and generator sets pollute the air around the TTZ.
9. The petition says the white marble has yellowed and blackened in places. Fungal deterioration is worst in the inner chamber holding the graves of Shah Jahan and Mumtaz Mahal.
10. The petitioner sought directions to the authorities to stop air pollution in the TTZ and save the Taj.
11. The 1978 Varadharajan Committee report on the Mathura Refinery was annexed to the petition. Its paragraph 4.1 found a substantial level of sulphur dioxide and particulate matter in the Agra region.
12. The 1978 report named coal users as the sources. These were two power plants, about 250 small industries (mainly foundries) and a railway shunting yard. It said proximity to the monuments made their contribution high.
13. That committee recommended no new polluting industry northwest of the Taj Mahal. It recommended relocating existing small industries, particularly foundries, to an area southeast of Agra.
14. It also recommended detailed studies before any large industry came up in the Agra region. It called for an authority to monitor emissions and air quality continuously, with power to direct polluters to limit emissions.
15. It asked that its recommendations on reducing existing pollution be made a time-bound programme. It suggested studies on a green belt (a strip of land kept green around a city or site) between Mathura and Agra. It advised deferring coal use in the refinery power plant.
16. The Central Board for the Prevention and Control of Water Pollution published a report in 1981-82 titled Inventory and Assessment of Pollution Emission in and Around Agra-Mathura Region. It listed industrial activities in Agra as foundry ferrous casting, ferro-alloy and non-ferrous castings, rubber processing, lime oxidation and pulverising, engineering and chemical.
17. That report estimated sulphur dioxide from industrial fuel combustion in Agra and its outskirts at 3.64 tonnes a day. Vehicles gave only 65 kg (0.065 tonnes) a day and were negligible.
18. Its five sources gave 2.28, 2.28, 1.36, 1.21 and 0.065 tonnes a day. These were two thermal power stations, foundries, other Agra industries, two railway marshalling yards and vehicles.
19. Leaving out vehicles, the four other sources contributed 32, 32, 19 and 16.9 per cent. Closing the two thermal stations and replacing coal-fired railway engines with diesel would cut sulphur dioxide by about 50 per cent (48.9 to be exact).
20. NEERI's 1990 over-view report said sources, including small and medium units, are scattered all around the Taj Mahal. It said sudden rises in pollutant levels are often recorded.
21. On four occasions in five years of monitoring, four-hourly sulphur dioxide averages at the Taj exceeded 300 ug/m3. That is ten times the CPCB standard of 30 ug/m3 for sensitive areas. It also exceeded the 120 ug/m3 standard for industrial zones.
22. Forty per cent (cumulative) of readings crossed the sensitive-zone standard. Suspended particulate matter (SPM) was invariably above 200 ug/m3, against the national standard of 100 ug/m3 for sensitive locations, except a few monsoon days. A 1985-87 study showed air quality within the trapezium had significantly deteriorated.
23. NEERI's over-view said rapid industrial development of the Agra-Mathura region caused acidic emissions at an alarming rate. It said these acidic gases harm plants and building material such as marble and red stone.
24. The NEERI report on the decay mechanism said marble deteriorates in two modes. Under domes and cornices a crust forms and later flakes off. On rain-exposed marble, material wears away gradually as reaction products are washed off.
25. The crusts form because of sulphur dioxide, but the combined effect of all pollutants is more damaging. Trace metals such as manganese, iron and vanadium in fly ash and SPM catalyse oxidation of sulphur dioxide. This turns marble calcite to gypsum.
26. NEERI's 1993 marble samples showed black soot on protected surfaces with 0.6 per cent calcium and traces of sulphate. X-ray studies showed soot and quartz as its main constituents.
27. Soot comes from fuel burned around the monument, and quartz comes from the earth's crust and scratches surfaces. Soot with tar acts as a soiling agent. It also increases absorption of acidic gases and reduces the monument's aesthetic value.
28. Pollutant levels are higher in winter because of inversion conditions. Monsoon rain washes suspended particles away, and the cycle then repeats, exposing fresh marble.
29. NEERI's proposal of 19 December 1993 said the Ministry of Environment and Forests retained NEERI in December 1992 to redefine the Taj Trapezium. It said the industries in Agra were not meeting emission standards because they used coal and coke.
30. NEERI proposed a study of compressed natural gas (CNG) in place of coal, fuel oil and similar fuels in Agra, Mathura and Ferozabad. The HBJ pipeline could be tapped at Auraiya, about 170 km from Agra.
31. CNG availability ex-Hazira was about 20 MMSCMD, expected to rise to 38-39 MMSCMD in 1998-99. NEERI projected about 1.00 MMSCMD for the three towns. The price at Auraiya was Rs. 2500-2700 per 1000 m3 (before taxes).
32. The NEERI report of July 1993 was prepared under Dr. P. Khanna with Dr. A.N. Aggarwal and Dr. Mrs. Thakra as project leaders and a team of about 30 scientists. It found as a fact that industries in the TTZ (Agra, Mathura, Ferozabad and Bharatpur districts) are the main source of pollution damaging the Taj.
33. NEERI suggested shifting the polluting industries outside the TTZ. It also suggested a Green Belt Development Plan around the Taj, which was already being planted under the Court's directions.
34. The Board's survey listed 511 industries. The count was as follows. 168 foundries. 20 rubber factories. 46 engineering industries. 55 chemical and other industries. 3 lime kilns. 1 refinery at Mathura. 49 glass industries at Ferozabad. 9 brick refractories and poultries. 120 bangle industries at Ferozabad. 40 block glass industries. The Court says it is not dealing with the refinery in this judgment.
35. The Indian Oil Corporation's report said natural gas is the most optimum fuel for Mathura Refinery. Propane, LPG and naphtha are valuable saleable products, and liquid naphtha forms vapour clouds from leaks.
36. The Corporation's summary said a new 36-inch line was being laid by GAIL, with a 10-inch branch of 13 km to Mathura. Both were scheduled for June 1996.
37. On 14 March 1996, the Additional Solicitor General said gas would reach near the Mathura Refinery by December 1996 and be commissioned in January 1997. GAIL undertook to complete the branch line for the refinery and industries side by side.
38. NEERI's technical report of 7 March 1994 said natural gas needs a no-gas zone for safe distribution. It said new industrial sites should preferably be outside the TTZ, with incentives to shift.
39. That report recommended shifting small-scale polluting industries outside the TTZ to industrial estates chosen by the U.P. Government. It recommended natural gas for industries in the Agra-Mathura region and for the Mathura Refinery.
40. The 1995 Varadharajan Committee report said the recommendation of no new polluting industry northwest of the Taj had been enforced. Efforts to relocate existing small industries, particularly foundries, southeast of Agra had not succeeded.
41. The 1995 report said SPM at the Taj Mahal was generally high. Monthly means were above 200 micrograms per cubic metre in 1981-1985 except in monsoon months. They rose from about 380 to 620 during 1987-1991, then fell to about 425 in 1993.
42. Paragraph 71 of the 1995 report said Agra industries lie northwest, north and northeast of the Taj, several across the river. It said winds mostly blow from them toward the Taj.
43. Paragraph 78 said piped gas to industries at existing Agra locations would need pipelines and meters. It said this may be expensive and unsafe because leaks may cause explosions and fires. It said LPG or HSD (high-speed diesel) may be used with precautions.
44. Paragraph 79 said the NEERI report of 7 March 1994 suggests natural gas be considered only for new industrial sites.
45. Paragraph 92 said Agra and Ferozabad industries were asked to install air pollution control devices, and the U.P. Pollution Control Board could monitor them. It said suitable sites could be developed as industrial estates apart from residential areas, where gas supply and shifting would be possible safely.
46. Paragraph 93 said one authority should coordinate maintenance in such estates. It said an estate with natural gas must be far from the monuments.
47. Paragraph 95 said relocated units should modernise. It said most would need substantial financial help and that vacated sites should not become residential or commercial colonies.
48. Paragraph 96 said quicker measures were needed. It called for lower coal/coke use, then 129 metric tonnes a day by industry, through new technology and low-sulphur LPG and HSD. It said industries that did not respond and polluted disproportionately must face action.
49. The Government of India sought UNESCO expert advice because the Taj is on the World Heritage List. Two experts visited from 17 to 30 January 1987 and said the marble's yellowishness is due to SPM and dust fall on the surface.
50. The Archaeological Survey of India (ASI) and other scientists agreed that the yellow shadow on the Taj and its four minarets is mainly due to SPM and dust fall. The ASI said the Taj is structurally sound and its only threat is environmental pollution.
51. The ASI's science wing found SPM higher than the maximum permissible level of 100 kg/m3 (as stated in the judgment), which gave the Taj a yellowish look.

Issues Raised

The judgment does not frame numbered issues. The questions it decides are:

1. Are the coke/coal-using industries in the Taj Trapezium Zone active contributors to the air pollution that damages the Taj?
2. Must the 292 listed Agra industries change over to natural gas, or else stop using coke/coal in the TTZ and relocate?
3. What are the schedule, and the rights of the workmen, for that change-over or relocation?

Arguments Contended

The judgment records the arguments only in outline.

For the petitioner (M.C. Mehta)

1. Foundries, chemical/hazardous industries and the Mathura Refinery are the major sources of damage to the Taj.
2. Sulphur dioxide from them forms acid rain that corrodes the marble.
3. Industrial and refinery emissions, brick-kilns, vehicular traffic and generator sets pollute the air in the TTZ.
4. The Taj is on its way to degradation from atmospheric pollution, and preventive steps must be taken soon.
5. The sources named on 8 January 1993 were iron foundries, ferro-alloyed industries, rubber processing, lime processing, engineering, chemical industry, brick refractory and vehicles. He added the Mathura Refinery and Ferozabad glass industry as distant sources.
6. On 5 August 1994 he suggested laying the gas pipeline from Auria or Babrala instead of Bijapur to Dadri via Mathura. He argued it would be cheaper, faster and in line with the NEERI report. He said an Auria line would also serve Ferozabad and Agra.

For the respondents

1. The industries were represented through the National Chamber of Industries and Commerce, U.P., Agra, the U.P. Chamber of Commerce and the Glass Industries Syndicate. Some also appeared through their own counsel. The judgment records no detailed argument from them against the petition.
2. Mr. Kapil Sibal and Mr. Sanjay Parikh, counsel for the industries, stated that all the industries would accept gas as an industrial fuel.
3. On 12 September 1996 Mr. Sibal and Mr. Parekh said the industries were taking steps to approach GAIL, and Mr. Parekh said most had already done so.
4. The Indian Oil Corporation's General Manager said the Auria or Babrala route was not feasible. He said the Bijapur to Dadri scheme was sanctioned and would also carry gas for the Mathura Refinery.
5. Mr. Reddy, the Additional Solicitor General, told the Court on 10 April 1996 that GAIL was setting up a joint venture company for the Agra distribution network. He said land would be needed for city gate stations at Agra and Ferozabad.
6. The Ministry of Environment and Forests took no positive stand on relocation in its affidavit. The Ministry was asked again for a positive response.
7. GAIL apprehended that industrialists had not yet worked out how to convert furnaces to gas. It said it might lack consumers after building costly infrastructure.

Court's Reasoning

Kuldip Singh, J. wrote the judgment for the Bench, which also included Faizan Uddin, J. The judgment has no numbered paragraphs, and no separate opinion is recorded.

Kuldip Singh, J.

1. Noted: the Court compared the two Varadharajan reports (1978 and 1995) with the NEERI reports. It found no contradiction between them.
2. Noted: the 1978 report found substantial sulphur dioxide and SPM in Agra from coal users, including about 250 small industries, mainly foundries. It recommended relocating existing small industries, particularly foundries.
3. Noted: the 1995 report shows a standard of air pollution much higher than in 1981-85, also because of heavy traffic and generating sets. The NEERI reports clearly recommended relocating industries from the TTZ.
4. Noted: by its order of 11 April 1994 the Court had decided that shifting must happen in phases. NEERI showed that maximum pollution around the Taj came from industries in Agra, so Agra came first.
5. Noted: that order told the U.P. Pollution Control Board to publish notices for three consecutive days in two national English dailies and two vernacular newspapers. The notices were to say the Court was processing a proposal. The proposal was to shift these industries from Agra to outside the TTZ: foundries, pit furnaces, rubber sole, chemical, refractory brick, engineering and lime processing.
6. Noted: each industry had to give nine details:
   • name, registration number, location and ownership or status;
   • total land, including built-up area, in its possession;
   • nature and quantum of fuel used;
   • number of workers and other staff;
   • total capital investment or turnover;
   • land needed in the new area outside the TTZ;
   • product and raw material used;
   • nature and extent of the alternate safe fuel needed; and
   • financial assistance such as a loan, and how much.
7. Noted: the Board was to serve individual notices, and the Union of India was to broadcast the gist on local television and radio in Agra and Mathura for three days. Newspaper notices were set for 29-30 April and 1 May 1994, and 6-8 May 1994. Individual notices were due before 8 May 1994, and the broadcast was set between 1 and 10 May 1994.
8. Noted: the chronology of orders shows the Court took up the matter in January 1993. There are four NEERI reports, two Varadharajan reports and several Board reports.
9. Held: the Court examined all reports and other material. It had no hesitation in holding that the industries in the TTZ are active contributors to the air pollution in that area.
10. Noted: NEERI and the 1978 Varadharajan report specifically recommended relocation from the TTZ. The Board had listed 510 polluting industries.
11. Held: given the order of 11 April 1994, the Court confined this judgment to 292 industries located and operating in Agra.
12. Noted: those 292 are listed in the judgment by name and address in five groups: foundries (Nos. 1-168), engineering (169-214), chemicals and other industries (215-269), rubber factories (270-289) and lime kilns (290-292).
13. Noted: the Taj, apart from being cultural heritage, is an industry by itself. More than two million tourists visit it every year, and it is a source of revenue for the country.
14. Noted: the Court monitored this petition for over three years with the sole object of protecting the Taj from damage by atmospheric and environmental pollution.
15. Noted: coke and coal use by industries emits pollution into the air. The aim of the case is to stop the pollution while encouraging industrial development.
16. Held: "The old concept that development and ecology cannot go together is no longer acceptable." The Court called sustainable development (development that protects the environment for the future) the answer.
17. Held: development of industry is essential for the economy. The environment and eco-systems must also be protected, and pollution from development must match the carrying capacity of the eco-systems.
18. Noted: the earlier orders show relocation is to be used only in one case. That case is where natural gas, brought to the doorstep of the TTZ, is not accepted by or not available to the industries as a substitute for coke/coal.
19. Noted: GAIL had invited the industries in the TTZ to apply for gas connections. Mr. Kapil Sibal and Mr. Sanjay Parikh, counsel for the industries, stated clearly that all the industries would accept gas as an industrial fuel.
20. Held: industries in the TTZ that are given gas connections need not relocate. The whole purpose is to stop air pollution by banishing coke/coal from the TTZ.
21. Noted: in Vellore Citizens Welfare Forum the Court defined the precautionary principle (act early to prevent environmental harm). It also defined the polluter pays principle (the polluter bears the cost of the harm). The judgment quotes that passage.
22. Noted: as quoted, the precautionary principle in municipal law has three limbs. First, State and statutory authorities must anticipate, prevent and attack the causes of environmental degradation. Second, where serious and irreversible damage threatens, lack of scientific certainty must not be a reason to postpone preventive measures. Third, the onus of proof (duty to prove) is on the actor or developer or industrialist to show his action is environmentally benign.
23. Noted: as quoted, the polluter pays principle was held sound in Indian Council for Enviro-Legal Action v. Union of India. It says principles in this field should be simple, practical and suited to conditions in the country.
24. Noted: as quoted, once an activity is hazardous or inherently dangerous, the person carrying it on is liable for loss caused, whether or not reasonable care was taken. Polluting industries are absolutely liable to compensate villagers, the soil and the underground water and must remove sludge and other pollutants.
25. Noted: as quoted, absolute liability for harm to the environment covers both compensation to victims and the cost of restoring the degraded environment. Remediation of the damaged environment is part of sustainable development.
26. Noted: as quoted, the two principles have been accepted as part of the law of the land. The passage sets out Article 21 and Articles 47, 48 A and 51A(g), where the judgment prints Article 48A with a space. Article 21 protects life and personal liberty. Article 47 makes raising nutrition, living standards and public health a primary duty of the State. It also asks the State to work towards prohibiting intoxicating drinks and injurious drugs, except for medicinal purposes. Article 48A asks the State to protect and improve the environment and safeguard forests and wild life. Article 51A(g) makes it a citizen's duty to protect and improve the natural environment, including forests, lakes, rivers and wild life, and to have compassion for living creatures.
27. Noted: as quoted, three statutes are the more relevant. They are the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981 and the Environment Protection Act, 1986.
28. Noted: as quoted, the Water Act provides for the Central and State Pollution Control Boards under government control. It bars use of streams and wells to dispose of polluting matter, restricts outlets and effluent (liquid waste) discharge without the Board's consent, and provides prosecution and penalties including imprisonment.
29. Noted: as quoted, under the Air Act the same Boards improve air quality and prevent, control and abate air pollution. The Environment Act was to be dealt with later in the Vellore judgment.
30. Held: as quoted from Vellore, these constitutional and statutory provisions make two principles part of the environmental law of the country. They are the precautionary principle and the polluter pays principle.
31. Held: on the technical reports, the emissions from coke/coal consuming industries are air pollutants with a damaging effect on the Taj and the people in the TTZ. "The atmospheric pollution in TTZ has to be eliminated at any cost."
32. Held: "Not even one per cent chance can be taken" where, human life apart, a prestigious monument like the Taj is involved.
33. Held: under the precautionary principle, environmental measures must anticipate, prevent and attack the causes of degradation. The onus of proof is on an industry to show that operating with coke/coal is environmentally benign.
34. Held: it is proved beyond doubt that emissions from coke/coal use by TTZ industries are the main polluters of the ambient air.
35. Held: the 292 industries shall change over to natural gas as an industrial fuel on the stated schedule. Industries that cannot obtain gas connections for any reason must stop functioning with coke/coal in the TTZ and may relocate as directed.

Authorities

• Vellore Citizens Welfare Forum v. Union of India, JT 1996 (7) SC 375: followed. The Court quoted its definitions of the precautionary principle and the polluter pays principle and its holding that both are part of the law of the country.
• Indian Council for Enviro-Legal Action v. Union of India, JT 1996 (2) 196: cited within the Vellore extract. It held the polluter pays principle sound and that polluting industries are absolutely liable.
• Orders of this Court in the same petition, quoted as the history of the case:
  • 1993: 8 January, 5 May, 19 November and 26 November.
  • 1994: 11 February, 25 February, 4 March, 8 March, 31 March, 11 April, 29 April, 5 August and 8 August.
  • 1995: 3 August.
  • 1996: 14 March, 10 April and 12 September.
• Order of 10 May 1996 in I.A. No. 22 in Writ Petition (Civil) No. 4677 of 1985: pointed to as guidance for the State's land-use scheme. The same order stopped brick kilns in the TTZ from 15 August 1996.
• Order of 4 September 1996: allowed fly-ash from thermal plants to be supplied to brick kilns for making bricks.

Judgement

The Court held that the 292 industries shall change over to natural gas as industrial fuel. Those unable to get gas shall stop using coke/coal in the TTZ and may relocate. It ordered and directed:

1. The 292 industries shall approach or apply to GAIL before 15 February 1997 for an industrial gas connection.
2. Industries that cannot get gas connections, or do not want them, may apply to UPSIDC or the Government. The deadline is before 28 February 1997. They may ask for alternative plots in industrial estates outside the TTZ.
3. GAIL shall take a final decision on all gas applications by 31 March 1997. It shall communicate allotment letters to the individual industries.
4. Industries that apply neither for gas nor for an alternative plot shall stop functioning with coke/coal in the TTZ from 30 April 1997. Supply of coke/coal to them shall stop at once. The District Magistrate and the Superintendent of Police shall have the order complied with.
5. GAIL shall begin supply of gas by 30 June 1997. Supply of coke/coal to an industry shall stop with immediate effect once its gas supply begins.
6. UPSIDC or the Government shall finally decide and allot alternative plots before 31 March 1997 to industries seeking relocation.
7. Relocating industries shall set up their units in the new industrial estates outside the TTZ. They shall not operate in the TTZ beyond 31 December 1997. The closure by that date is unconditional, whether or not the new unit is fully set up.
8. The Deputy Commissioner, Agra and the Superintendent (Police), Agra shall close on 31 December 1997 all industries that are to relocate by that date.
9. The U.P. State Government and UPSIDC shall assist the industries in relocating. Plot allotment, factory buildings, licences and permissions shall be expedited and granted on priority.
10. The State Government and all other authorities shall set up a unified single agency of all concerned departments as a nodal agency for such industries. The single window shall be set up within one month. The Registry shall communicate this separately to the Chief Secretary, Secretary (Industries) and Chairman/Managing Director, UPSIDC. No further time shall be allowed.
11. The State Government shall frame a scheme for using the land vacated by shifting industries before 30 June 1997. It may seek guidance from the order of 10 May 1996 in I.A. No. 22 in Writ Petition (Civil) No. 4677 of 1985.
12. Shifting industries shall get the incentives under the Agra Master Plan and those normally given to new industries in new industrial estates.
13. The workmen of the 292 industries shall have these rights:
    1. They shall have continuity of employment at the new town and place, and their terms shall not be altered to their detriment.
    2. The period between closure in Agra and restart at the new place shall be treated as active employment. They shall be paid full wages with continuity of service.
    3. Workmen who agree to shift shall get one year's wages as shifting bonus to help them settle. It shall be paid before 31 January 1998.
    4. Workmen of industries that do not relocate or obtain natural gas and opt for closure face retrenchment (ending of employment): they shall be deemed retrenched by 31 May 1997. This applies if they had continuous service of not less than one year, as defined in Section 25-B of the Industrial Disputes Act, 1947. They shall be paid compensation under Section 25-F(b) of that Act and, in addition, six years' wages as additional compensation.
    5. The management shall pay the compensation within two months of the retrenchment.
    6. Gratuity payable to any workman shall be paid in addition.
14. Industries in the TTZ other than the 292 shall be dealt with separately. The Board shall issue individual and public notices within one month, asking the remaining industries to apply for gas or relocation within one month of the notice. The matter is to come up for monitoring on 4 April 1997.
15. The Court noted that its order of 10 May 1996 stopped all brick kilns in the TTZ from 15 August 1996. Its order of 4 September 1996 allowed fly-ash from thermal plants to be supplied to brick kilns for bricks.
16. The Court said it is separately monitoring these issues:
    1. a hydrocracker unit and other devices at the Mathura Refinery;
    2. a 50-bed hospital and two mobile dispensaries at the refinery (order of 7 August 1996);
    3. the Agra bypass, with a 24 km stretch to be completed by the end of December 1996;
    4. an additional Rs. 99.54 crores sanctioned by the Planning Commission for electricity projects, to give 100 per cent uninterrupted power to the TTZ and stop generating sets;
    5. Gokul Barrage, Agra Barrage, their water supply works and the roads around them;
    6. the green belt recommended by NEERI, which has become a reality;
    7. a suggestion to the Planning Commission for a separate allocation for Agra and a separate Central cell to protect the Taj and other heritage monuments in the TTZ;
    8. closure of all shops inside the Taj premises; and
    9. a direction to the Government of India to decide within two months on declaring Agra a heritage city.
17. The Court said it may look into these monitored matters on 4 April 1997. The issue relating to 292 industries was disposed of.

Costs: none are ordered in the judgment.

Schedule of the 292 industries

The judgment lists these industries by name and address, in five groups. Its own numbering skips 124, 168, 174 and 202 and repeats 30. The entries below follow it.

Foundries (District Agra)

• 1. M/s Gulab Rai Chottey Lal 21/16, Freeganj Agra.
• 2. M/s Gulab Rai Chottey Lal 27/65, Pathwari Agra.
• 3. M/s Krishna Iron Foundry Freeganj Agra
• 4. M/s B.C. Iron Foundry Sultanganj Agra.
• 5. M/s Kajeco Industries Sultanganj Agra
• 6. M/s National Iron Foundry Moti Lal Nehru Road Agra
• 7. M/s Raj Pattern Makers & Founders Moti Lal Nehru Road Agra
• 8. M/s Miraz Iron Foundry 1290, Bazar Agra
• 9. M/s Mudgal Iron Foundry 7/6, Pathwari Agra
• 10. M/s Prabhat Iron Foundry Freeganj Road Agra
• 11. M/s Raghav Engg. Company 21/60, Freeganj Agra
• 12. M/s Raj Iron Foundry (Unit-I) 26/1, Sultanganj Agra
• 13. M/s Agrawal Tin Mfg. Co. Sultanganj Agra
• 14. M/s Moti Lal Agrawal & Co. 21/33, Freeganj Agra
• 15. M/s Anil Metal Ind. (Foundry Division) Bichpuri Road, Amarpura Agra
• 16. M/s Shree Durga Laxmi Iron Foundry Langre Ki Chowki Agra
• 17. M/s S.S. & Iron Foundry Jeoni Mandi Agra
• 18. M/s Randhir Chand Khoob Chand Iron Foundry Masta Ki Bagichi Langre Ki Chowki Agra
• 19. M/s Shree Ram Metal Ind. 31/24 D, Langre Ki Chowki Agra
• 20. M/s Suresh Iron Foundary & Engg. Works Langre Ki Chowki Agra
• 21. M/s Suresh Iron Foundary & Engg. Works Langre Ki Chowki Agra
• 22. M/s. Mahajan Iron Foundary Transport Nagar Agra
• 23. M/s. Mahajan Iron Foundary Transport nagar Agra
• 24. M/s Taj Iron Foundary Aboolala Dargah New Agra
• 25. M/s Himalaya Ind. Transport Nagar Agra
• 26. M/s Laxmi Metal Ind. Indira Mill Compound Jeoni Mandi Agra
• 27. M/s Shree Durga Bhagwati Industries & Iron Foundary Langre Ki Chowki Agra
• 28. M/s India Casting Co. C-1, Balkeshwar Road Agra
• 29. M/s India Iron Foundary Sultanganj Agra
• 30. Shanker Iron Foundary Balkeshwar Agra
• 30. Shanker Iron Foundary Balkeshwar Agra
• 31. Jagannath Dewan Chandra Jain Freeganj Agra
• 32. Agarwal Wire Ind. C-30, Site A, Ind. Area Sikandara Agra
• 33. Super Chem. Ind. D-1, Sector A, Ind. Area Sikandara Agra
• 34. Uttam Lah Udyog 10 Km Stone Mathura Road Agra
• 35. Mahajan Ispat Udyog Runukutta, Mathura Road Agra
• 36. G.M. Industries Corpn. Kailash Road, Sikandara Agra
• 37. Satya Deep Udyog Mathura Road Agra
• 38. Arbaria Iron Foundary Runukutta Mathura Road Agra
• 39. Allied Iron & Steel Works Runukutta, Mathura Road Agra
• 40. Singh Industries Mathura Road, Artoni Agra
• 41. Kalyan Steel Products (P) Ltd. Artoni, Mathura Road Agra
• 42. B.K. Steels, Artoni, Mathura Road Agra
• 43. Anand Industry Artoni, Mathura Road Agra
• 44. Arbaria Steels Artoni, Mathura Road Agra
• 45. Luthura Engineering 15 Km., Artoni, Mathura Road Agra
• 46. Satya Ind. Corpn. Unit-2, Rambagh Agra
• 47. A.R. Iron Foundary Rambagh Agra
• 48. S.A. Iron Foundary 11/42, Rambagh Agra
• 49. S.K. Iron Foundary & Engg. Co., Unit-1 Rambagh Agra
• 50. S.K. Iron Foundary & Engg. Co., Unit-2 Rambagh Agra
• 51. S.G. Industries Rambagh Agra
• 52. Golden Engg. Corpn. 4/45, Rambagh Agra
• 53. Paliwal Iron Foundary & Metal Works Rambagh Agra
• 54. Jain Foundary & Engg. Works Rambagh Agra
• 55. Castwel Foundary Naraich, Hathras Road Agra
• 56. Oswal Iron Foundary Rambagh Agra
• 57. Ganga Engineers Rambagh Agra
• 58. S.S. Iron Foundary 11/111, Rambagh Agra
• 59. Suraj Foundary 11.45, Rambagh Agra
• 60. Dewan Chand Suraj Prakash Jain 11/43, Rambagh Agra
• 61. Parolia Engg. Works 11/47-c, Rambagh Agra
• 62. S.B. Iron Foundary 11/18-B, Rambagh Agra
• 63. Reliable Industry Rambagh Agra
• 64. Sarla & Co. Rambagh Agra
• 65. Shree Ram Iron Foundary & Engg. Works 4248/2, Rambagh Agra
• 66. Jagdish Industrial Corpn. Naraich, Hathras Road Agra
• 67. R.K. Engineers & founders Hathras Road Agra
• 68. Goyal Iron & Steel Works Naraich, Hathras Road Agra
• 69. R.R. Iron Foundary Rambagh Agra
• 70. Sharad Industries Foundry nagar Hathras Road Agra
• 71. Kansal Iron Foundry 11/48/6/C, Naraich Hathras Road Agra
• 72. Goyal Metal Industries Foundry nagar, Hathras Road Agra
• 73. Fatehchand Sehgal & Sons Naraich, Hathras Road Agra
• 74. Adesh Kumar Jain C-69, Foundry Nagar Agra.
• 75. Deepak Chemical Works 11B/103, naraich Hathras Road Agra
• 76. Devki Nandan 11B/103 naraich Hathras Road Agra
• 77. Prakash Iron Foundary Hathras Road Agra
• 78. Ravi Agricultural Ind. Hathras Road Agra
• 79. V.K. Enterprises C-48, Foundry Nagar Agra.
• 80. Manik Chand Garg & Co. C-50, Foundry Nagar Agra.
• 81. Bombay Engg. & Moulding Works 3994, Nagla Kishanlal Hathras Road Agra
• 82. Gopal Iron Foundary D-38, Foundary Nagar Agra
• 83. Sterling Machine Tools C-38, Foundary Nagar Agra
• 84. Bharat Ind. Unit-2 B-12, Foundary Nagar Agra
• 85. Kajeco Industries Unit-2 B-9/10, Foundary Nagar Agra
• 86. Devi Enterprises Hathras Road Agra.
• 87. Techno Industries 2919, Nariach Hathras Road Agra.
• 88. Goyal Iron & Steel Works (India) Nagla Kishanlal Hathras Road Agra.
• 89. G.C. Industries Naraich, Hathras Road Agra.
• 90. K.J. Industries B-5, Foundary Nagar Agra
• 91. Bajrang Iron Foundry B-4, Foundary Nagar Agra
• 92. Agra Loh Udyog 1167, Foundary Nagar Agra
• 93. Singhal Industries B-2, Foundary Nagar Agra
• 94. Raj Iron Foundry Unit-II B-3, Foundary Nagar Agra
• 95. Agrico Enterprises E-60/E-61, Foundary Nagar Agra
• 96. Tantan Auto Industry E-72, Foundry Nagar Agra.
• 97. Naresh Iron Foundry D-62, Foundary Nagar Agra
• 98. A.B. Auto Works (P) Ltd. C-32, Foundary Nagar Agra
• 99. Shri Ram Engg. works D-19, Foundary Nagar Agra
• 100. Britania Engg. Co. C-31, Foundary Nagar Agra
• 101. Expert Founders & Engg. C-29, Foundary Nagar Agra
• 102. Basal Casting Co. D-17, Foundary Nagar Agra
• 103. Maharaja Agrasen Iron Foundry D-15, Foundary Nagar Agra
• 104. Ajanta Industries D-20, Foundary Nagar Agra
• 105. Accurate Ferro Castings B-18/B, Foundary Nagar Agra
• 106. Shiraj Industry D-68, Foundary Nagar Agra
• 107. Shinning Engg. Works B-19, Foundary Nagar Agra
• 108. Mittal Iron Founders & Engg. Foundary Nagar Agra
• 109. Shivam Industries C-23, Foundary Nagar Agra
• 110. Mercury Engg. & Steel E-16, Foundary Nagar Agra
• 111. Arya Sons B-17/2, Foundary Nagar Agra
• 112. Agrawal Metal Industries C-70, Foundary Nagar Agra
• 113. Kamal Engg. works, Unit-II C-25, Foundary Nagar Agra
• 114. Kamal Engg. Works Unit-I D-48, Foundary Nagar Agra
• 115. Power Field India E-4, Foundary Nagar Agra
• 116. Shyam Metal Industries E-3, Foundary Nagar Agra
• 117. Narayan brothers Factory E-3, Foundary Nagar Agra
• 118. Shaktiman Industries E-25, Foundary Nagar Agra
• 119. Jain Ambey Piston King Industry E-14, Foundary Nagar Agra
• 120. Monark India E-13/E-14, Foundary Nagar Agra
• 121. Gopal Iron Foundry D-43, Foundary Nagar Agra
• 122. Natraj Iron Foundry E-18, Foundary Nagar Agra
• 123. Bhagwati Iron Foundry D-2, Foundary Nagar Agra 124 Chinar Foundry E-1, 2, Foundary Nagar Agra
• 125. Modern Industries IIB 76A, Foundary Nagar Agra
• 126. Devi Sahai Gopaldas Iron Foundry C-15, Foundary Nagar Agra
• 127. Mittal Industries C-18, Foundary Nagar Agra
• 128. B.K. Castings C-6, Foundary Nagar Agra
• 129. N.K. Iron Foundry C-3, Foundary Nagar Agra
• 130. Metal products C-33, Foundary Nagar Agra
• 131. Shanti Vrat & Sons B-7, Foundary Nagar Agra
• 132. Mr. Sushil Kr. Danoria B-7, Foundary Nagar Agra
• 133. BSA Agricultural Ind. 17/15, Nunhai Rd. Nawalganj Agra
• 134. Indu Engg. & Taxtiles Ltd. 12/16A, Nawalganj Agra
• 135. Vijay Iron Foundry 1250, Nawalganj Agra
• 136. Kaushal Industries Nawalganj Agra
• 137. Standard Pumps Nunhai Agra.
• 138. Doneria pvt. Ltd. 10/4, Hathras Road Agra.
• 139. Doneria Iron & Steels 11/28, Chini Ka Roza Agra.
• 140. Ratan Industries (P) Ltd. 10/12, Kalra Wazir Khan Hathras Road Agra.
• 141. Bharat Iron & Steel Foundry 10/10, Katra Wazir Khan Agra
• 142. Shri Bankey Bihari Udyog 10/9, Katra Wazir Khan Agra
• 143. Balaji Udyog 10/22, Katra Wazir Khan Agra
• 144. Nav Durga Dhalai 1014A, Katra Wazir Khan Agra
• 145. Ess Jay Steels (P) ltd. 10/4A, Hathras Road Agra.
• 146. Girdharlal Thankurdas Agencies (P) Ltd. 11/38, Hathras Road. Agra.
• 147. Kumar Steel Udyog 11/24, Ching Ka Roja Agra.
• 148. G.T. Iron Industries 11/38, A-3, Hathras Road Agra.
• 149. Munnalal Mistri 11/124, Chini Ka Roza Agra.
• 150. Metal Cast India 3-Ind. Estate, Nunhai Agra.
• 151. M/s printing machine Mfg. Co. 1, Ind. Estate, Nunhai Agra.
• 152. M/s Amar Enterprises 2, E. e., Nunhai Agra.
• 153. M/s Northern India Tools Co. 62, I. e., Nunhai Agra.
• 154. M/s Meghdoot Pistons (P) Ltd. 6, I.E., Nunhai Agra.
• 155. M/s Mehra Casting Works 32, I.e., Nunhai Agra.
• 156. M/s Mahaveer Iron Foundry 12/15, Nawajganj Agra
• 157. M/s Paras Foundry 68, I.E., Nunhai Agra.
• 158. Mahaveer Iron Foundry 67, I.E., Nunhai Agra.
• 159. M/s Maharshi Dayanand Iron Foundry 71, I.E., Nunhai Agra.
• 160. M/s Basant Industries Nunhai Agra.
• 161. M/s A.V. Engineering Works 160, I.E., Nunhai Agra.
• 162. M/s Ess Bee Iron Foundry 134, I.E., Nunhai Agra.
• 163. M/s Tracko International 56, I.E., Nunhai Agra.
• 164. M/s Metafam Engg. Associate 19, I.E., Nunhai Agra.
• 165. M/s Vinay Iron Foundry 75, I.E., Nunhai Agra.
• 166. M/S Samta Trading Corpn. 136, I.E., Nunhai Agra.
• 167. M/s Mahaveer Engg. Works 82, I.E., Nunhai Agra.

Engineering

• 169. Anil Metal Industry Bodla Road Agra.
• 170. Agra Engg. Industries Artoni Agra.
• 171. Profile Furnaces & Heat Treatment Kailash Road, Sikandara Agra.
• 172. Aay Jay Udyog B-6, Site B, Ind. Area Sikandara Agra.
• 173. Krishi Seva Udyog D-41, Foundry Nagar Agra.
• 175. Usha Martin Ind. Ltd. Nawaj Ganj Agra.
• 176. Mercury Engg. Chini Ka Roza Agra.
• 177. Shivam Industries 10/4A, Katra Wazir Khan Agra.
• 178. Donaria Industries 10/4A, Hathras Road Agra
• 179. Rahul Diesels (India) Rambagh Agra.
• 180. K.J. Diesels (P) Ltd. Naraich Hathras Road Agra.
• 181. Prakash Agricultural Ind. Fundry Nagar Agra.
• 182. Anil Agricultural Ind. B-25, Foundry Nagar Agra.
• 183. Singhal Industries Corpn. C-49, Foundry Nagar Agra.
• 184. Gangotri Diesels (P) Ltd. Hathras Road Agra.
• 185. Shivas Industries C-36, Foundry Nagar Agra.
• 186. Olympic Diesels E-53, Foundry Nagar Agra.
• 187. Shri Ram Diesels (India) C-56, Foundry Nagar Agra.
• 188. Minerva Diesel Eng. (P) Ltd. C-67, Foundry Nagar Agra.
• 189. A. K. Enterprises B-20, Foundry Nagar Agra.
• 190. Kalyan Engg. Works E-8, Foundry Nagar Agra.
• 191. Chandra metal Enterprises E-24, Foundry Nagar Agra.
• 192. Rajendra Industries E-31, Foundry Nagar Agra.
• 193. Bright Engg. Works E-19, Foundry Nagar Agra.
• 194. K.G. Electro Techniques E-17, Foundry Nagar Agra.
• 195. Satya Udyog Unit-2 C-11, Foundry Nagar Agra.
• 196. Doneria Engg. Co. C-5, Foundry Nagar Agra.
• 197. Basant Ispat Udyog (P) Ltd. C-34, Foundry Nagar Agra.
• 198. Atul Engg. Udyog Nunhai Agra.
• 199. Atul Generation (P) Ltd. Nunhai Agra.
• 200. Mohan Generators & Pumps 45 I.E., Nunhai Agra.
• 201. M/s Steeloc Ind. 54A, Industrial Estate Nawalganj, Nunhai Agra. 202 M/s Jay Sheet Mfty. Nawalganj, Nunhai Agra.
• 203. M/s Automotive Products 73, I. E., Nunhai Agra.
• 204. M/s S.G. Sundrani I. E., Nunhai Agra.
• 205. M/s Alfa Engg. Works 20, I. E., Nunhai Agra.
• 206. M/s Shyam Metal Works 21, I. E., Nunhai Agra.
• 207. M/s Jagdish Metal Works 24, Nunhai Agra.
• 208. M/s Suchlam Engg. Works 165A, I. E., Nunhai Agra.
• 209. M/s Pawan Auto Ind. I. E., Nunhai Agra.
• 210. M/s Shaktiman Ind. I. E., Nunhai Agra.
• 211. Sandeep Autos I. E., Nunhai Agra.
• 212. M/s Vulcan Engg. Inds., I. E., Nunhai Agra.
• 213. M/s Vulcan Engg. Inds., Nunhai Agra.
• 214. M/s Agra Steels Corpn. I. E., Nunhai Agra.

Chemicals and other industries

• 215. M/s Biological Evons Ltd. Bichpuri Road Agra.
• 216. M/s Wasan & Co., Bodla. Bichpuri Road Agra.
• 217. M/s Mahajan Tanners (P) Ltd. Bichpuri Road Agra.
• 218. M/s Agra Tannery Leather Bichpuri Road Agra.
• 219. M/s C.R. Oil Mill Motilal Nehru Road Agra
• 220. M/s Sharda Oil Mills Motilal Nehru Road Agra
• 221. M/s B.P. Oil Mills (P) Ltd. Maithan Agra.
• 222. M/s Mayur Kattha Industries Chalesar Agra.
• 223. M/s A.V. Paper Cones Sikandara Agra.
• 224. R.R. Chem Industries Kailash Road Sikandara Agra.
• 225. Agra Beverages Corpn. (P) Ltd. Mathura Road Agra.
• 226. Arctic Drinks (P) Ltd. Mathura Road Agra.
• 227. Devyani Foods (P) Ltd. Mathura Road Agra.
• 228. B.K. Enterprises Mathura Road Agra.
• 229. R.M. Foods (P) Ltd. Artoni, Mathura Road Agra.
• 230. Park Leather Industries Ltd. Runukutta, Mathura Road Agra.
• 231. Hindustan Crushers & Fertilizers Runukutta, Mathura Road Agra.
• 232. General Mills Corpn. Runukutta, Mathura Road Agra.
• 233. Amar Shikha Wood Product Artoni, Mathura Road Agra.
• 234. Amar Jyoti Industries Artoni, Mathura Road Agra.
• 235. Sun Beverages (P) Ltd. Artoni, Mathura Road Agra.
• 236. Taj Beverages (P) Ltd. Artoni, Mathura Road Agra.
• 237. Pee Cee Soap Factory Artoni, Mathura Road Agra.
• 238. Kandla Flooring & Fabrics (P) Ltd. A-1 Site A Ind. Area Sikandara Agra.
• 239. Agra Roller Floor Mills Artoni, Mathura Road Agra.
• 240. R.K. Brothers C-25, Site A Ind. Area Sikandara Agra.
• 241. Sun Ray Agrochem Runukutta, Mathura Road Agra.
• 242. Plywood Products 19.6 Km, Runukutta, Mathura Road Agra.
• 243. Shreekshetria Gandhi Ashram Runukutta Agra.
• 244. Shiraj Foods Unit-2 Runukutta, Mathura Road Agra.
• 245. C.R. Foods India (P) Ltd. 1977/1, Runukutta, Mathura Road Agra.
• 246. Ramjilal Harishchand 11/48-E, Rambagh, Hathras Road Agra.
• 247. Agra Oil & General Industry Naraich, Hathras Road Agra.
• 248. Bansal Marrble Industries Hathras Road Agra.
• 249. Sandeep Resin Industries E-38, Foundry Nagar Agra.
• 250. Anchor Wax Industry C-26, Foundry Nagar Agra.
• 251. Anil Paint Works E-10, Foundry Nagar Agra.
• 252. Bee Kay Industry E-28, Foundry Nagar Agra.
• 253. B.K. Salts Behind E-28, Foundry Nagar Agra.
• 254. National Chemicals C-9, Foundry Nagar Agra.
• 255. Jai Shanker Salt Peter Works A-8, Foundry Nagar Agra.
• 256. Singhal Pesticides 9/122, Moti Bagh Yamuna Agra.
• 257. Adarsh Paper Product 10/4, Katra Wazir Khan Agra.
• 258. Seema Oil Corpn. 11/38 B, Sita Nagar Agra.
• 259. Agarwal Industries 10/22, Katra Wazir Agra
• 260. Allora Paper Products 10/4, Katra Wazir Agra.
• 261. Agarwal Knitting 188, Industrial Estate Nunhai Agra.
• 262. Bright Son Electroplaters Industrial Area Nunhai Agra.
• 263. Micro Metals 151, Ind. Estate Nunhai Agra.
• 264. M/s Bonita Chemicals 64, I. E., Nunhai Agra.
• 265. M/s Gandhi Refineries 69A I.E., Nunhai Agra.
• 266. M/s Mahaveer Glass & Silicate Works 65 I.E. Agra.
• 267. M/s The National Glass & Silicate Nunhai Agra.
• 268. M/s Agra Chains Pvt. Ltd. 14, I.E., Nunhai Agra.
• 269. M/s Agra Leather board pvt. Ltd. 5, I.E., Nunhai Agra.

Rubber factories

• 270. M/s Bajwa Rubber Ind. 12/67, Rui Ki Mandi Agra.
• 271. M/s bengal Rubber Ind. Shahaganj Agra
• 272. M/s K.K. Rubber Ind. 11/3954, Langre Ki Chowki Shastri Nagar Agra.
• 273. M/s Caapstan Rubber Products Transport Nagar Agra.
• 274. M/s Smart Industries 5/99, Billochpura Agra.
• 275. M/s Rubber Complex Shahganj Agra.
• 276. Weston Rubber 11 Km. Stone Mathura Road Agra.
• 277. Katyal Industries 10 Km. Stone Mathura Road Agra.
• 278. Capston Rubbers (India) C-6, Site A Ind. Area Sikandara Agra.
• 279. Bengal Rubber Ind. (Unit-2) C-7, Ind. Area, Sita A Sikandara Agra.
• 280. Bajwa Rubber Ind. (Unit-2) C-8, Ind. Area Sikandara Agra.
• 281. Noble Rubber Products B-1, Ind. Area Sikandara Agra.
• 282. Agra Rubber Industries E-37, Foundry Nagar Agra.
• 283. Goodage Rubber Works B-16/3, Foundry Nagar Agra
• 284. Syntex Rubber Rollers 10/4, Katra Wazir Khan Agra.
• 285. Shakti Rubber Corpn. Sikandara Agra
• 286. M/s Novelty Udyog 37, I.E., Nunhai Agra.
• 287. M/s Sheela Udyog 14B-144, I.E. Agra
• 288. M/s J.J. Rubber & Plastic 11, I.E., Nunhai Agra
• 289. Sunrise Rubber Ind. 18, I.E., Nunhai Agra.

Lime kilns

• 290. Hansard Bhagwandas Naraich, Hathras Road Agra.
• 291. Garg Lime Industries Naraich, Hathras Road Agra.
• 292. Pankaj Small Ind. Nawalganj Agra.

Legal Principle / Ratio

Industry can develop only in step with the carrying capacity of the eco-systems, and the precautionary principle and polluter pays principle apply in India. Where coke/coal emissions threaten a monument like the Taj, the industry must show it is harmless, and if it cannot, it must switch to gas or relocate. The Court said: "The old concept that development and ecology cannot go together is no longer acceptable."

Critical Analysis

Analysis based on the judgment text.

• The reasoning depends heavily on expert reports (NEERI, Varadharajan, CPCB, ASI). The judgment quotes them at length but records no cross-examination of them by the industries.
• The judgment records no arguments from the industries against closure, only their statement that they would accept gas. The page therefore cannot show how any objections were weighed.
• The Court confined the order to 292 Agra industries. It left the other TTZ industries, the Mathura Refinery and the other monitored issues for separate orders.

Significance

• The judgment links the two principles from Vellore to a concrete order. It shifted industries from coke/coal to gas and set a deadline of 31 December 1997 for relocation.
• It treats "sustainable development" as the answer to the older idea that development and ecology cannot go together.
• It protects workers through continuity of employment, shifting bonus and compensation. The Court's final section lists parallel measures, such as the green belt, the Agra bypass and closure of shops inside the Taj premises.

Exam-Important Points

• Rule: relocation is the fallback. Industries that get natural gas connections stay in the TTZ.
• Rule: the onus of proof is on the industry to show that its operation with coke/coal is environmentally benign.
• Rule: sustainable development means pollution must match the carrying capacity of the eco-systems.
• Numbers to remember: 292 industries; 15 February 1997 (apply to GAIL); 31 December 1997 (relocation deadline); six years' wages plus Section 25-F(b) compensation.
• Trap: this judgment does not decide the Mathura Refinery. It is dealt with separately.

Prepared from the full text of the judgment. The judgment has no numbered paragraphs, so no paragraph numbers are cited. The SCC citation and writ petition number are not in the judgment text.