1. SEC – A Date: 29th Dec 2011 M. C. Mehta (Taj Trapezium Matter) Vs Union of India and Others Presented By:Ashutosh Kumar JhaRoshanSonthaliaStuti GuptaMohd. Faraz KhanNishant SinghSmriti Gupta
2. Prevent Air pollution and Save TajMahal Petition was filed by ShriM.C.Mehta, Advocate as a public interest litigation Taj Trapezium Zone: area of 10,400 sq km around the TajMahal to protect the monument from pollution.
3. Petitioner’s View Causes of Damages - Foundries, Chemical / Hazardous industries and Mathura Refinery Marble Cancer – Yellowing of marble Monument of International repute No degradation due to pollution Preventive steps
12. “Inventory and Assessment of Pollution Emission: In and Around Agra-Mathura Region (Abridged)” – CPCB
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14. "Inventory and Assessment of Pollution Emission in and around Agra-Mathura Region (Abridged) - CPCB Categorization of Industrial activities
15. Contribution of Sulphur Dioxide from the 5 recognised distinct discrete sources in tonnes per day 2.28, 2.28, 1.36, 1.21 and 0.065 from (i) two thermal power stations, (ii) foundries, (iii) other industries in Agra, (iv) two railway marshaling yards and (v) vehicular traffic respectively Elimination of the first and the fourth sources - by closing down the two thermal power stations and replacing coal-fired steam engines by diesel engines in the two railway marshalling yards - about 50 per cent (48.9 to be exact) cut-down of Sulphur Dioxide emission is expected.
16. NEERI Report Sources of Pollution includes SMEs High Air Pollution is pumped into the Taj air shed Level of pollution was 10 folds than the CPCB Standards on 4 occasions during 5 year monitoring Soot & Quartz were main causes for black coating Ambient air round TajMahal is polluted primarily from point/line sources and has adverse impacts on building material by alteration of marble and sandstone structures at micro-crystalline level
17. "Issue Associated with Fuel Supply Alternative for Industries in Agra-Mathura Region“ - NEERI Issues raised Need for relocation of industries; Availability of cleaner fuel (present and future); Environmental benefits from alternate fuels; Safety considerations Recommendations Shifting of small-scale polluting industries outside the Taj Trapezium on industrial estate sites to be identified by the Government of Uttar Pradesh; Provision of natural gas to the industries in Agra-Mathura region and Mathura Refinery.
18. Court’s View Cultural heritage Tourism Industry ( > 2 mn tourists per year) Objective of Litigation: to stop pollution while encouraging development of industry Use of coke/ coal results into pollution Answer is “Sustainable Development” Court: “The development of industry is essential for the economy of the country, but at the same time the environment and the ecosystems have to be protected”
20. Sustainable Development The Brundtland Commission – Sustainable development is “development that meets the needs of the present without compromising the ability of future generations to meet their own needs.” India says “Sustainable development means what type or extent of development can take place, which can be sustained by nature/ecology with or without mitigation” in Narmada BachaoAdolan Vs UOI
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23. Constitutional provisions PP & PPP have been accepted as Law of Land Article 21 of the Constitution provides protection of life and personal liberty Articles 47 Duty of the State to raise the level of nutrition and the standard of living and to improve public health. - The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health
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25. Constitution of Mahajan Committee: Constituted by the orders of the Hon’ble Supreme Court on 5.2.1996. Objective - inspect the progress of the green belt developed around the TajMahal every three months and submit progress report in the Court for the period of next three years. Supreme Court accepted and directed the installment of 4 Ambient Air Quality Monitoring Stations in Agra region working 24*7 for 1 year Monitoring reports are being submitted to the Hon’ble Court on regular basis since February, 2002.
28. Findings of Action plan SO2 levels are with the prescribed National Ambient Air Quality Standards for sensitive areas. Trend in annual average concentration of SO2 , NO2, RSPM and SPMSO2 levels were lower than the annual average during all the monitored years Control of acidic anthropogenic pollution
29. Delay in Justice The Universal Declaration of Human Rights mandates in Article 10 that, “everyone is entitled in full equity to a fair and public hearing by an independent and impartial Tribunal, in the determination of his rights and obligations and any criminal charge against him.” 16 years for a petition filed in Supreme Court to complete the investigation, surveys to protect TajMahal and to establish a Taj Trapezium. The directions to install cupolas on iron foundries has not been realized so far.
