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In respect of industrial units in the taj Trapezium Zone where the Air Pollution Score as per CPCB and UPPCB is between 11 to 20, sectorial guidelines shall be obtained from National Environmental Engineering Research Institute (NEERI), ordered the Supreme Court earlier this month.

The top Court further clarified that no such industrial units shall be cleared by the State of Uttar Pradesh till  said sectorial guidelines are obtained from NEERI.

"For those industrial units having Air Pollution more than 20, the concurrence/opinion of NEERI will have to be obtained", added a bench of Justices L Nageshwar Rao,  BR Gavai and BV Nagarathna.

In 2018, a status quo was ordered concerning granting of Environmental Clearences to various projects by the state authorities in the TTZ until a vision document on protection and preservation of Taj Mahal and the surrounding environment was filed by the UP government.

The first draft of the vision document has been filed before the top Court. Amicus Curiae A.D.N. Rao, submitted before the bench that a decision has to be taken on the vision document by it.

After the state had sought clarifications, the court in 2019 permitted the State Government and other statutory authorities to grant environmental clearances necessary for providing essential public facilities.

An Interlocutory Application was then filed for certain clarifications/modification of this Order passed in 2019.

In respect of the clarification pertaining to the concurrence with the Central Empowered Committee (CEC) and opinion of NEERI, the Amicus Curiae in consultation with ASG Aishwarya Bhati appearing for the State of Uttar Pradesh submitted a note stating that a representative of NEERI shall be included as a Member in the Environmental Appraisal Committee (EAC) and State Environmental Appraisal Committee (SEAC) constituted by the Ministry of Environment, Forest and Climate Change for dealing with industrial units falling in TTZ Area.

With regard to the need for felling trees to set up industrial units/projects, the bench has ordered that the matter shall be referred to the CEC for its opinion/concurrence.

"Where there is no need for felling of trees, a declaration shall be obtained from the industrial units/projects to that effect. The declaration shall be accompanied by an affidavit and photograph of the site along with the Key Plan of the site. The said declaration along with the other documents shall be forwarded to the concerned District Forest Officer. In case, incorrect information has been given by the declarant, suitable legal action shall be taken.", ordered the bench.

Another IA was filed by the State of Uttar Pradesh seeking permission to fell 1803 trees for the purpose of widening of the Mathura-Deeng (Gobardhan) Road [Four lanes Road], which falls in the TTZ Area.

The bench noted that the CEC recommended acceptance of the proposal made by the State of Uttar Pradesh subject to certain conditions. 

After careful consideration of the matter, the bench opined that permission be granted for felling of 1803 trees for the purpose of widening of Mathura-Deeng (Gobardhan) Road in strict compliance of the conditions that are recommended by the CEC.

The matter will now be taken up on February 2, 2022.

Cause Title: M.C. MEHTA v UNION OF INDIA & ORS.