M.C.MEHTA versus UNION OF INDIA AND ORS.

M.C.MEHTA versus UNION OF INDIA AND ORS.

The emissions generated by coke/coal-consuming industries in the Taj Trapezium Zone are air pollutants with damaging effects on the Taj Mahal and people living in the zone. The industries must switch to natural gas as fuel or cease operations and relocate. Sustainable development and precautionary principles require that environmental measures anticipate, prevent, and attack the causes of degradation. The burden is on industries to prove that their operations using coke/coal are environmentally benign, but it is already established beyond doubt that these emissions are the main polluters.

Parties
Petitioner: M.C. Mehta; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
30 December 1996
Procedural Posture
Writ Petition (civil) / Final Order/disposal
Outcome
Petition disposed of
Legal Topics
Atmospheric Pollution, Public Interest Litigation, Sustainable Development, Precautionary Principle, Industrial Relocation, Protection of Cultural Heritage, Air Pollution Control
Environmental Law Constitutional Law Labour Law Atmospheric Pollution Public Interest Litigation Sustainable Development Precautionary Principle Industrial Relocation +2 more

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Parties

M.C. Mehta

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition (civil) / Final Order/disposal

Legal Issues

  1. 1 Whether atmospheric pollution from coke/coal-consuming industries in the Taj Trapezium Zone is causing degradation to the Taj Mahal and must be eliminated.
  2. 2 Whether the industries must shift to natural gas or relocate to prevent environmental harm.
  3. 3 Whether sustainable development and precautionary principle require shifting of industrial fuel and relocation.

Ratio Decidendi

The emissions generated by coke/coal-consuming industries in the Taj Trapezium Zone are air pollutants with damaging effects on the Taj Mahal and people living in the zone. The industries must switch to natural gas as fuel or cease operations and relocate. Sustainable development and precautionary principles require that environmental measures anticipate, prevent, and attack the causes of degradation. The burden is on industries to prove that their operations using coke/coal are environmentally benign, but it is already established beyond doubt that these emissions are the main polluters.

Court Disposition

Petition disposed of

Orders

  • 292 identified industries in TTZ must apply for gas connection before February 15, 1997 and change over to natural gas as industrial fuel.
  • Industries unwilling or unable to obtain gas connection must apply for relocation outside TTZ before February 28, 1997.