M.C. MEHTA versus UNION OF INDIA AND ORS. ON BEHALF OF MONITORING COMMITTEE

M.C. MEHTA versus UNION OF INDIA AND ORS. ON BEHALF OF MONITORING COMMITTEE

Project construction activities relating to Taj Heritage Corridor were commenced without obtaining mandatory environmental clearance and without adherence to administrative and financial procedures; significant irregularities and illegalities were committed by public functionaries and government entities involved.

Parties
Applicant: M.C. Mehta; Respondent: Union of India; Respondent: State of Uttar Pradesh; Third Party: NPCC Ltd.
Jurisdiction
India
Judgment Date
18 September 2003
Procedural Posture
Writ Petition (civil) / Interlocutory Order
Outcome
Multiple directions issued for inquiries and investigation; matter pending.
Legal Topics
Pollution Control, Public Functionaries Accountability, Environmental Impact Assessment, Project Clearance Procedures
Environmental Law Administrative Law Pollution Control Public Functionaries Accountability Environmental Impact Assessment Project Clearance Procedures

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Parties

M.C. Mehta

Applicant

Union of India

Respondent

State of Uttar Pradesh

Respondent

NPCC Ltd.

Third Party

Procedural Posture

Writ Petition (civil) / Interlocutory Order

Legal Issues

  1. 1 Whether construction activities under the Taj Heritage Corridor Project commenced without required clearance under Section 3 of the Environment (Protection) Act, 1986.
  2. 2 Whether public functionaries committed irregularities or illegalities in project execution and fund release.

Ratio Decidendi

Project construction activities relating to Taj Heritage Corridor were commenced without obtaining mandatory environmental clearance and without adherence to administrative and financial procedures; significant irregularities and illegalities were committed by public functionaries and government entities involved.

Court Disposition

Multiple directions issued for inquiries and investigation; matter pending.

Orders

  • Central Government to hold departmental inquiry against former Secretary, Environment, K.C. Mishra.
  • State of Uttar Pradesh to hold departmental inquiry against former Principal Environment Secretary R.K. Sharma, Principal Secretary to Chief Minister P.L. Punia, Chief Secretary D.S. Bagga, and former Secretary Environment V.K. Gupta.