This article is written by Hari Priya R V, B.com LL.B (hons) 5th year studying at the School of Excellence in Law during her Internship with LeDroit India.
KEYWORDS: Taj Mahal – Monument – Yellow Marble – Acid Rain – Coke/coal – Natural Gas – Taj Trapezium Zone.
M.C. MEHTA VS UNION OF INDIA AND ORS [AIR 1997 2 SCC 353]
FACTS:
The Taj Mahal is one of the most cherished monuments in India which has been polluted due to the acid rain. The Taj Trapezium Zone is a defined area of 10,400sq km around the Taj Mahal to protect the monument from pollution. The petitioner M.C. Mehta has filed the writ petition as the heritage of the country has been started turning yellow due to acid rain and the reason behind the acid rain was due to emission of harmful gases such as Sulphur dioxide and oxygen from the chemical industry.
These atmospheric pollution causes damages not only on the outer marble of Taj Mahal but also inside the chambers of Taj Mahal. Therefore, the petitioner has sought appropriate direction for the protection of monument as well as environment.
ISSUES RAISED:
Whether the use of coke/coal in the chemical industry was the sole cause for the destruction of white marble and monuments which was located in the TTZ?
ENVIRONMENT PRINCIPLES:
As per the major principle of environmental law such as Polluter pay principle and Precautionary principle, the polluter is liable to bear the consequences of damages and government should take appropriate precautionary actions to protect monuments as well as environment. According to constitutional provisions relating to environment protection, it is the duty of the State as well as citizen to protect and safeguard the environment.
JUDGEMENT:
- The Court held that the industries which using coke/coal in industries should replace them with natural gases.
- The court ordered to relocate the location to alternative plots outside the TTZ.
- Shifting bonus and assurance of employment should be given to the employees during the relocation period.
- If any employee refuse to relocate shall be retrenched with gratuity amount specified under the Industrial Disputes Act.
- The court ordered relocation of industries only to certain industries who refused to change the chemicals to natural gases.
REFERENCES:
- https://www.google.com/url?sa=i&url=https%3A%2F%2Fbyjus.com%2Fcurrent-affairs%2Fmc-mehta-vs-union-of-india%2F&psig=AOvVaw0pqql2PvPkHvXfC5aXJxMG&ust=1714920305104000&source=images&cd=vfe&opi=89978449&ved=0CAcQrpoMahcKEwjQv9KLw_SFAxUAAAAAHQAAAAAQBA
- https://www.google.com/url?sa=i&url=https%3A%2F%2Fprimelegal.in%2F2023%2F01%2F22%2Ftaj-trapezium-case%2F&psig=AOvVaw0pqql2PvPkHvXfC5aXJxMG&ust=1714920305104000&source=images&cd=vfe&opi=89978449&ved=0CAcQrpoMahcKEwjQv9KLw_SFAxUAAAAAHQAAAAAQBgS
