MC MEHTA, PIL, TAJ TRAPEZIUM, Pollution, Air Pollution, Neeri Reports, Sustainable Development, Precautionary Principle, Polluter Pays Principle, Article 21, 48A, 49 of the Constitution, Workmen Compensation, Industrial Disputes Act 1947

1. MC Mehta (Taj Trapezium
matter) v. Union of India
(1997) 2 SCC 353
1(c)2010 MD HAROON RASHEED
By,
MOHAMMED HAROON RASHEED
B.A.LL.B (Hons.), [BSW] & [LLM]
Advocate
Email ID: adv.mdharoon@gmail.com

2. Facts
 In this case a petition was filed the threat to the deteriorating
beauty of Taj Mahal to invoke the Air (prevention and control of
pollution) Act 1981 and Water (prevention and control of
pollution) Act 1974 and Environment Protection Act 1986 for the
purpose of relocation of the 292 industries to prevent emissions
generated by coke or coal consuming industries having a
damaging effect on Taj and people living in the Taj Trapezium
Zone, and further to direct them to change over to natural gas as
industrial fuel.
 According to the petitioner, the foundries, chemical/hazardous
industries and the refinery at Mathura were the major sources of
damage to the Taj. The sulphur dioxide emitted by the Mathura
Refinery and the industries when combined with Oxygen-with the
aid of moisture in the atmosphere formed sulphuric acid called
“Acid rain” which had a corroding effect on the gleaming white
marble. Industrial/Refinery emissions, brick-kilns, vehicular traffic
and generator-sets were primarily responsible for polluting the
ambient air around Taj Trapezium (TTZ).
2(c)2010 MD HAROON RASHEED

3. Cognizance by court
 Court took cognizance of this matter in January 1993.
There were four NEERI reports, two Varadharajan
reports and several reports by the State pollution
Control Board. After examining all the reports and
taking into consideration other material on the
record, the court had no hesitation in holding that the
industries in TTZ were active contributors to the air
pollution in the said area. NEERI and Varadharajan
(1978) reports had specifically recommended the
relocation of industries from the TTZ. Although the
State Pollution Control Board had placed on record list
of 510 industries which were responsible for air
pollution but it confined the order only to 292
industries located and operating in Agra.
3(c)2010 MD HAROON RASHEED

4. Principles applied
(a) Sustainable development
The objective behind this litigation is to
stop the pollution while encouraging
development of industry. The
development of industry is essential for
the economy of the country, but at the
same time the environment and the eco-
systems have to be protected.
4(c)2010 MD HAROON RASHEED

5. (b) ‘Precautionary Principle’
The pollution created as a consequence
of development must support the carrying
capacity of our eco-systems. Thus its
better to err on the side of caution rather
to wait for the harm to take place in other
words the State must Anticipate, Prevent
and Attack the harm caused to the
environment.
5(c)2010 MD HAROON RASHEED

6. (c) “Polluter Pays” principle
“Once the activity carried on is hazardous or
inherently dangerous, the person carrying on
such activity is liable to make good the loss
caused to any other person irrespective of
the fact whether he took reasonable care or
not. Consequently the polluting industries are
“absolutely liable to compensate for the harm
caused by them to villagers in the affected
area, to the soil and to the underground
water and hence, they are bound to take all
necessary measures to remove sludge and
other pollutants lying in the affected areas”.
6(c)2010 MD HAROON RASHEED

7.  Thus the court interpreted the above
principle in order to mean that the
absolute liability for harm to the
environment extends not only to
compensate the victims of pollution but
also the cost of restoring the
environmental degradation. Remediation of
the damaged environment is part of the
process of “Sustainable Development”.
7(c)2010 MD HAROON RASHEED

8. (d) Articles from Constitution
 Articles referred to : 21, 48A, 49 of the
Constitution.
8(c)2010 MD HAROON RASHEED

9. Judgment
 Applying the above mentioned principles
and the Articles, the Supreme Court
ordered the 292 industries which were the
causing pollution in TTZ, to switch over to
natural gas for natural fuel.
 The industries which are not in a position
to obtain gas connection for any reason,
were required to stop functioning with the
aid coke and coal in TTZ.
9(c)2010 MD HAROON RASHEED

10.  Also the workmen employed in the 292 industries were
given certain rights and benefits:
 (a) The workmen shall have continuity of employment at
the new town and place where the industry is shifted.
The terms and conditions of their employment shall not
be altered to their detriment.
 (b) The period between the closure of the industry in
Agra and its restart at the place of relocation shall be
treated as active employment and the workmen shall be
paid their full wages with continuity of service.
 (c) All those workmen who agree to shift with the
industry shall be given one year's wages as "shifting
bonus" to help them settle at the new location. The said
bonus shall be paid before 31.1.1998.
10(c)2010 MD HAROON RASHEED

11.  (d) The workmen employed in the industries who
do not intend to relocate/obtain Natural Gas and
opt for closure 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. They shall be paid compensation in
terms of Section 25-F(b) of the Industrial
Disputes Act. These workmen shall also be paid,
in addition, six years' wages as additional
compensation.
 (e) The compensation-payable to the workmen in
terms of this judgment shall be paid by the
Management within two months of the
retrenchment.
 (f) The gratuity amount payable to any workman
shall be paid in addition."
11(c)2010 MD HAROON RASHEED

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