SC permits UP govt, authorities to consider environment clearance to projects in Taj Trapezium Zone

The Supreme Court Friday permitted the Uttar Pradesh government and other authorities to grant environmental clearances (ECs) to various projects such as drinking water supply, sewerage treatment plant and drainage system at the Taj Trapezium Zone (TTZ).

The top court, on March 22 last year, had ordered 'status quo' (maintenance of existing condition) with regard to granting of ECs to various projects by authorities in TTZ till the time the vision document on protection and preservation of Taj Mahal and surrounding environment was filed by the UP government.

The TTZ is an area of about 10,400 sq km spread over the districts of Agra, Firozabad, Mathura, Hathras and Etah in Uttar Pradesh and the Bharatpur district of Rajasthan and the apex court has been hearing the PIL of environmentalist M C Mehta on preserving the monument and its surroundings.

 

A bench comprising Chief Justice S A Bobde and Justices B R Gavai and Surya Kant modified its earlier order after taking note of the fact that the state government has complied with the direction by filing the 'vision document' on protection and preservation of Taj Mahal and environment in TTZ.

It took note of the state's plea that now the government and other statutory authorities be permitted to grant ECs "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".

The top court in its order said: "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 counterintuitively, not allowing construction of such basic infrastructure can itself create new polluting waste and threaten the environment."

The court, however, made clear that there will be "an embargo on granting clearances to and/or shifting of any heavy industry until a final decision is taken on the vision document".

It took note of the submission that the authorities have been facing difficulties in deciding issues of ECs and it has been causing hardship to both the state government and the public.

"As regards permission for establishing non-polluting industrial units, it appears to us that only those small, micro and macro level industries which are both non-polluting and eco-friendly and which have necessary clearances from all statutory authorities as well as concurrence of the Central Empowerment Committee and NEERI, can be set up within the notified industrial area," the order said.

It also said since the earlier order of 'status quo' (maintenance of existing condition) was passed to ensure timely submission of the Vision Plan by UP government, there "shall be no impediment for the authorities to consider pending environmental clearances which are necessary to secure essential amenities within TTZ".

It said simultaneously statutory authorities were also free to consider requests for relocating "eco-friendly non-polluting industrial units" provided they comply with environmental laws and all norms.

Mehta, who has filed a plea seeking protection of the Taj from the ill-effects of polluting gases and deforestation in and around the area, had told the bench that he had attended a meeting of the authorities concerned to discuss the issue related to protection of the monument.

The TTZ had earlier told the court that a "no construction zone" was declared in a-500 metre radius area of the Taj and the state government had envisaged a comprehensive plan to ensure balance between environment and development.

The top court has been monitoring developments in the area to protect the monument, built by Mughal emperor Shah Jahan in the memory of his wife Mumtaz Mahal in 1631. The mausoleum is a UNESCO World Heritage Site.