Background:
The case is a landmark judgment concerning the protection and preservation of the Taj Mahal, one of the most famous heritage sites in the world. The Taj Mahal, located in Agra, is part of the "Taj Trapezium Zone" (TTZ), a defined area of 10,400 square kilometers around the monument to protect it from pollution. Environmental lawyer M.C. Mehta filed a Public Interest Litigation (PIL) against the Union of India, highlighting the severe threat posed by air pollution to the Taj Mahal. The pollution, mainly caused by the nearby industries, was leading to the yellowing of the Taj Mahal’s white marble and other forms of deterioration.
Issues:
Whether the industries operating in the Taj Trapezium Zone (TTZ) were contributing to air pollution, thus affecting the Taj Mahal?
Whether these industries should be allowed to continue operating, given the environmental and historical significance of the Taj Mahal?
Arguments:
Petitioner: M.C. Mehta argued that the emissions from the industries, particularly those burning coal and coke, were releasing pollutants like sulfur dioxide (SO2) which, when mixed with moisture, formed acid rain. This acid rain was damaging the marble structure of the Taj Mahal. He emphasized the need for immediate action to save the Taj Mahal from further deterioration.
Respondents: The industries contended that they were essential for the economic development of the region and provided employment to thousands. They argued that they had already implemented pollution control measures and that the pollution was not solely due to their operations.
Judgment:
The Supreme Court of India ruled in favor of the petitioner, M.C. Mehta, and ordered the relocation of all industries operating within the Taj Trapezium Zone (TTZ) that were found to be polluting the environment. The Court directed these industries to switch to natural gas as an industrial fuel or relocate outside the TTZ.
The Court emphasized the need to balance economic development with environmental protection, particularly when it involves a world-renowned heritage site like the Taj Mahal. The judgment included directives for the following:
Relocation or Conversion: Industries that could not switch to natural gas were ordered to be relocated outside the TTZ.
Pollution Control Measures: Those that could switch to cleaner fuel were required to do so under strict timelines.
Government's Role: The government was tasked with ensuring the implementation of these measures and providing incentives for industries to comply.
Significance:
The M.C. Mehta v. Union of India case is a pioneering environmental judgment that highlighted the Supreme Court's proactive role in environmental protection. It set a precedent for the Court's willingness to intervene in cases where environmental concerns are at odds with industrial and economic activities. The case is also significant for underscoring the importance of preserving India's cultural heritage and the application of the "Precautionary Principle" and "Polluter Pays Principle" in environmental jurisprudence.
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