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1996 (12) TMI 423

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...., a glorious tribute to man's achievement in Architecture and Engineering. 2. Lord Roberts in his work "Forty one years in India" describes the Taj as under: Neither words nor pencil could give to the most imaginative reader the slightest idea of all the satisfying beauty and purity of this glorious conception. To those who have not seen it, I would say,-Go to India; the Taj alone is well worth the journey. 3. A poet describes the Taj as under: It is too pure, too holy to be the work of human hands. Angels must have brought it from heaven and a glass case should be thrown over it to preserve it from each breath of air. 4. Sammuel Smith in his Book about the Taj explains the impact as under: We stood spell-bound for a few minutes at this lovely apparition; it hardly seems of the earth. It is more like a dream of Celestial beauty, no words can describe it. We felt that all previous sights were damned in comparison. No such effect is produced by the first view of St. Peter's or Milan or Cologne Cathedrals. They are all majestic, but this is enchantment itself. So perfect is its form that all other structures seem clumsy. 5. The Taj is thr....

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....titioner The Taj - a monument of international repute-is on its way to degradation due to atmospheric pollution and it is imperative that preventive steps are taken and soon. The petitioner has finally sought appropriate directions to the authorities concerned to take immediate steps to stop air pollution in the TTZ and save the Taj. 6. The Report of the Expert Committee called "Report on Environmental Impact of Mathura Refinery" (Varadharajan Committee) published by the Government of India in 1978 has been annexed along with the writ petition. Para 4.1 of the conclusions therein is as under: There is substantial level of pollution of sulphur dioxide and particulate matter in the Agra region. The possible sources are all coal users consisting of two Power Plants, a number of small industries mainly foundries (approximately 250) and a Railway Shunting Yard. As far as suspended particulate matters are concerned, because of use of coal, contribution will be substantial. Even though the total amount of emission of sulphur dioxide from these sources may be small, on account of their proximity to the monuments, their contribution to the air quality of the zone will be conside....

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.... Central Board for the Prevention and Control of Water Pollution, New Delhi, published a report (Control of Urban Pollution Series CUPS/7/1981-82) under the title "inventory and Assessment of Pollution Emission in and Around Agra-Mathura Region (Abridged)". The relevant findings are as under: Industrial activities which are in operation in Agra city and its outskirts could be categorized as (i) Ferrous Metal Casting using Cupolas (Foundry); (ii) Ferro-alloy and Non-Ferrous Castings using Crucibles, Rotary Furnaces etc. (iii) Rubber Processing; (iv) Lime Oxidation and Pulverising; (v) Engineering; (vi) Chemical; and (vii) Brick and Refractory Kilns (Table 4-1).... The contribution of sulphur dioxide through emission primarily from the combustion from the fuels comprising hard coke, steam coal, wood and fuel oil is estimated as 3.64 tonnes per day from industrial activities in the Agra City and its outskirts (Table 5-3). The vehicular contribution as estimated from traffic census in 6 road crossings is only 65 kg a day or 0.065 tonnes a day and should be considered negligible for the present (Para 7.4).... The Contribution of sulphur dioxide from the 5 recognised distinct di....

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....gnificantly impact both the biotic as well as the a biotic components of the ecosystem like plants and building material like marble and red stone. This Court on January 8, 1993 passed the following order: We have heard Mr. M.C. Mehta, the petitioner in person. According to him, the sources of pollution in Agra region as per the report of Central Pollution Control Board are iron foundries, Ferro-alloyed industries, rubber processing, lime processing, engineering, chemical industry, brick refractory and vehicles. He further states that distant sources of pollution are the mathura Refinery and Ferozabad Glass Industry. It is necessary to have a detailed survey done of the area to find out the actual industries and foundries which are working in the region. We direct the U.P. Pollution Control Board to get a survey done of the area and prepare a list of all the industries and foundries which are the sources of pollution in the area. The Pollution Board after having the survey done shall issue notices to all the foundries and industries in that region to satisfy the Board that necessary anti-pollution measures have been undertaken by the said industries/foundries. The Pollu....

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....ot already done so. All the 511 industries be called upon to file replies to the notices already issued by the Board within further time of eight weeks from the date of the publication of the notices in the newspapers. This publication shall be done within two weeks from today. After the replies from the industries are received and processed by the Board, the Board may, if it so desires, inspect any of the industries in order to find out the correctness of the replies filed by the industries. The matter be listed on August 10, 1993. Pursuant to this Court's order (quoted above) the Board filed affidavit dated August 5,1993 wherein it is stated that public notice was published in two local newspapers of Agra on May 17, 1993 and two National Newspapers on May 18, 1993 calling upon the industries to file their replies during the extended time. The affidavit states that all the listed industries were polluting industries and 507 out of them, had not even installed any air pollution control device. The 212 industries who did not respond to the notice and failed to take any step towards installing the pollution control devices were closed by the order dated August 27, 1993 with im....

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....m effects. Further, the presence of soot reduces the aesthetic value of the monument. Ambient air around Taj Mahal is polluted primarily from point/line sources and has adverse impacts on building material by alternation of marble and sandstone structures at micro-crystalline level. The earlier studies have revealed that the concentrations of gaseous pollutants and SPM (predominantly soot and carbon particles) are relatively high during winter months due to the frequent inversion conditions restricting vertical dispersion. During monsoon seasons, suspended particles are washed away and this cycle of pollutant built-up and subsequent removal continues exposing fresh surface of the monument to the pollutants. On November 19, 1993, this Court passed the following order: On November 5, 1993, we suggested to Mr. N.N. Goswami, learned senior advocate, appearing on behalf of the Union of India to find out the possibility of providing Gas as a fuel to the Glass Industries and the Foundries around Agra. Mr. Goswami states that he is already in touch with the authorities concerned and needs little more time. We give him time till November 26, 1993. He must file concrete proposal ....

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..... The study was completed in July 1993. Stringent pollution control regulations have been stipulated by the Government of India but the industries within Agra area are not meeting the prescribed emission standards. One of the reasons is that the industries use coal and coke for their fuel requirements. Amongst the options proposed in the Air Environment Management Plan in Taj Trapezium report, NEERI has suggested change over to cleaner fuel like ONG for mitigation of air pollution in the region. As per the directives of the Hon'ble Supreme Court of India, NEERI proposed a study on techno-economic feasibility of utilisation of compressed Natural Gas (CNG) as a replacement of solid/liquid fuels (eg, Coal, FO, LSHS etc.) in the industrial sectors of Agra, Mathura and Firozabad region, based on the Terms of Reference formulated by the Gas Authority of India Ltd. (GAIL). The existing HBJ pipeline laid by GAIL for transmission and distribution of CNG from the Western offshore Region passing through Gujarat, Madhya Pradesh, Rajasthan, Uttar pradesh, Delhi and Haryana can be tapped to serve this sensitive area. Auraiya in Uttar Pradesh is the nearest possible tapping point whi....

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....ourt on or before March 4, 1994 indicating the steps taken by the corporation in this respect. We also direct the Gas Authority of India to indicate the price of Propane which they might have to ultimately supply to the industries within the Taj trapezium or the industries which are to be shifted from within the Taj trapezium. This may be done within 4 weeks from today. We place this statement of the outcome of discussion held by Mr. Reddy with the concerned authorities on record. This Court on February 25, 1994 examined the issue relating to supply of natural gas to the Mathura Refinery and the industries in the TTZ and passed the following order: With a view to save time and Red-Tape we are of the view that it would be useful to have direct talk with the highest authorities who can take instant decision in the matter. We, therefore, request the Chairman of the Oil and Natural Gas Commission, the Chairman of the Indian Oil Corporation and the Chairman of the Gas Authority of India to be personally present in this Court on 8.3.1994 at 2.00 PM. We further direct the Secretary, Ministry of Petroleum, to depute a responsible officer to be present in the Court on 8....

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....h Shri R.P. Sharma, General Manager (Marketing) Shri B.K. Bakshi, Chairman and Managing Director, Indian Oil Corporation along with Shri A.P. Choudhary and Shri S.R. Shah, Joint Secretary, Ministry of petroleum* are present in Court. We place on record our appreciation for having responded to our request. We have discussed our view point with Shri Manglik, Shri Kapur, Shri Shah and Shri Bakshi. We have requested them to file in this Court a note each with regard to the discussion we have had with them in the Court. This may be done within five days. When the matter came up for consideration on March 31, 1994, this Court while examining the question of relocating the industries, passed the following order: ... Mr. Venugopal, learned senior Counsel appearing for the UPSIDC states that the UPSIDC would examine the demand of each of the industry and thereafter locate the requisite area outside the Taj Trapezium for shifting these industries. We propose to issue public/individual notices inviting objections/suggestions from the industries concerned. Mr. Venugopal states that he would prepare & file the format of the said notice. This matter to come up for further co....

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....rce of pollution in the Trapezium and the measures to be adopted to control the same. The authority can also identify the polluting industries in the Taj Trapezium. We, therefore, request Mr. Kamal Nath, Minister Incharge, Department of Environment and Forests, to personally look into this matter and identify the authority who is to be entrusted with this job. This must be done within three weeks from the receipt of this order. A responsible Officer of the Ministry shall file an affidavit in this Court within two weeks indicating the progress made by the Ministry in this respect. Registry to send copy of the above quoted order to the Secretary, Ministry of Environment and Forests and also to Mr. Kamal Nath, personally, within three days from today. Pursuant to above quoted order, the Government of India, Ministry of Environment and Forests, by the order dated May 18, 1994 appointed an expert committee under the chairmanship of Dr. Section Varadharajan. 12. Meanwhile the Indian Oil Corporation placed on record its report on the feasibility study regarding the use of safe alternate fuel by the Mathura Refinery. The report suggested the use of natural gas as the most optimum fue....

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....ng to him, this would be in conformity to the Report already submitted by NEERI in this respect. He has further submitted that if the pipe-line is drawn from Auria, it would also serve the industries at Ferozabad and Agra. Learned Counsel for the Indian Oil Corporation states that he would place the suggestion before the experts of the Corporation and assist this Court on 8.8.1994. He may do so. Learned Counsel for the Corporation may also ask a responsible officer, who can explain the whole situation to the Court, to be present in Court on 8.8.1994 at 2.00 p.m. The matter came up for further consideration on August 8, 1994 when this Court passed the following order: Mr. B.B. Chakravarty, General Manager, Safety and Environment Protection, Indian Oil Corporation, is present before us. According to him the pipe line suggested by Mr. M.C. Mehta (from Auria to Mathura or from Babrala to Mathura) is not feasible. According to him the scheme of laying down the pipe line from Bijapur to Dadri via Mathura has already been sanctioned and is being implemented. He further states that apart from supplying gas to Dadri, the line when laid down, shall also be in a position to carry ....

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....l quality around Taj and also for preservation of Taj Mahal. It is the primary duty of the Government of India, Ministry of Environment and Forests to safeguard Taj Mahal from getting deteriorated. We direct the Ministry through Secretary, Ministry of Environment and Forests to examine the NEERI report and also the Vardharajan Report and indicate in positive terms the measures which the Ministry is intending to take to preserve the Taj Mahal. We are further prima facie of the view that in view of the two reports (NEERI & Vardharajan), the polluting industries in Taj Trapezium shall have to be re-located. It cannot be done without there being positive assistance from the Ministry of Environment & Forests, Government of India and the State of Uttar Pradesh. We direct these two authorities to come out with re-allocation scheme so that all the polluting industries situated in Taj Trapezium are shifted to the new place in a phased manner. Keeping in view the importance and urgency of the matter we request Mr. Kamal Nath, the Minister of Environment and Forests to personally look into the matter and have the response of the Ministry and the re-allocation scheme prepared within f....

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.... which would be connected with the gas supply net-work. The order passed was as under: Mr. Reddy, the learned Additional Solicitor General after consulting Mr. C.P. Jain, the Chief Environmental Manager, New Delhi has stated that mechanical process for bringing gas near Mathura Refinery shall be completed by December, 1996. He further stated that the commissioning would be done by January, 1997. We have on record the undertaking of the Gas Authority of India that while the pipe line is being constructed the branch pipe line for supplying gas to Mathura Refinery and to the industries shall also be completed side by side. We direct the Gas Authority of India, Indian Oil Corporation and the U.P. State Industrial Development Corporation to file an affidavit in this Court within two weeks of the receipt of this order indicating as to which of the industrial areas outside the Taj Trapezium would be connected with the gas supply net work. We may mention that the PSCDC has already filed affidavit in this Court indicating various industrial Estates which can be developed outside the Taj Trapezium. Pursuant to the above quoted order of this Court, the General Manager, GAIL filed ....

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....ffidavit in this Court within two weeks indicating the time frame regarding the laying of distribution net work within the Taj Trapezium. Mr. Reddy further states that some land shall have to be required for the purposes of constructing city Gate Stations at Agra and Ferozabad. He states that the cooperation of the U.P. Government is required for acquiring the land. We direct the Collector, Agra as well as Collector, Ferozabad to render all assistance to GAIL in acquiring land for setting up the two stations for the public purposes. This Court on September 12, 1096 passed the following order regarding the safety measures to be taken during the construction and operation of the gas net-work in the Taj Trapezium. The Court also recorded the undertaking by learned Counsel for the industries that the industries in TTZ are taking steps to approach the Gas Authority of India for gas connections: Pursuant to this Court's order dated April 10, 1996 and subsequent order dated May 10, 1996, Mr. P.C. Gupta, General Manager, Gas Authority of India has filed an affidavit. It is stated in the affidavit that necessary directions in the pipe-line design corrosion protection, protec....

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....esent and future) -Environmental benefits from alternate fuels -Safety considerations The recommendations are summarized hereunder: -Shifting of small-scale polluting industries outside the Taj Trapezium on industrial estate sites to be identified by the Government of Uttar Pradesh; -Provision of natural gas to the industries in Agra-Mathura region and Mathura Refinery. 17. Mr. M.C. Mehta, Mr. Kapil Sibal and other learned Counsel representing the Agra-industries took us through the April 1995 Varadharajan Committee Report. Relevant paragraphs of the Report are reproduced hereunder: 4. ...The Expert Committee's recommendation that steps may be taken to ensure that no new industry, including small industries or other units, which can cause pollution are located north-west of the Taj Mahal, has been enforced. However, efforts to relocate easting small industries, particularly the foundries, in an area south-east of Agra beyond the Taj Mahal, have not been successful. 18. The Report clearly shows that the level of Suspended Particulate Matters (SPM) in the Taj Mahal area is high. The relevant part of the Report in this re....

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....here is need for a single authority in such estates to coordinate all maintenance and repair work on electrical supply, telecommunications, water, sewage, drains, roads and construction. Any industrial estate in Agra with natural gas will have to be located at a substantial distance from monuments to ensure full safety. xxx xxx xxx 95. When industrial units are relocated, it would be appropriate to modernise technology equipment and buildings. Most of the units will need very substantial financial assistance. The value of the present sites and their future use have to be determined. It would not be desirable to promote residential colonies and commercial establishments in such vacated areas as they may in turn add to the problems of water supply and atmospheric quality by excessive use of energy. Major changes of this nature would need a dear development planning strategy and resources, and will also take several years for implementation. 96. There is urgent need for quicker measures which could lead to better environment, especially in the Taj Mahal. For this purpose, it is necessary to effect overall reduction in coal/coke consumption by industries and ....

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....w that there is no contradiction between the two sets of reports. In the 1978 Report, Varadharajan found substantial level of air pollution because of sulphur dioxide and SPM in the Agra region. The source, according to the report, was the coal-users including approximately 250 small industries mainly foundries. The excess of SPM was because of the use of coal. The Report specifically recommended in para 5.4 for the relocation of the existing small industries particularly the foundries. The 1995 Varadharajan Report clearly shows that the standard of atmospheric pollution is much higher than the 1981-85 period which according to the Report is also because of heavy traffic and operation of generating sets. NEERI reports have clearly recommended the relocation of the industries from the TTZ. 25. This Court on April 11, 1994, passed the following order: ...We are of the view that the shifting of the industries from the Taj Trapezium has to be made in a phased manner. NEERI's report indicates that the maximum pollution to the ambient air around Taj Mahal is caused by the industries located in Agra. We, therefore, as a first phase, take up the industries situated in Agra ....

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.... 26. The chronology of the orders quoted by us in this judgment shows that this Court took cognizance of this matter in January 1993. There are four NEERI reports, two Varadharajan reports and several reports by the Board. After examining all the reports and taking into consideration other material on the record, we have no hesitation in holding that the industries in TTZ are active contributors to the air pollution in the said area. NEERI and Varadharajan (1978) reports have specifically recommended the relocation of industries from the TTZ. Although the Board has placed on record list of 510 industries which are responsible for air pollution but in view of our order dated April 11, 1994 (quoted above), we are confining this order only to 292 industries located and operating in Agra. These industries are listed hereunder: FOUNDRIES (DISTRICT AGRA) 1. M/s. Gulab Rai Chottey Lal 21/16, Freeganj Agra. 2. M/s. Gulab Rai Chottey Lal 27/65, Pathwari Agra. 3. M/s. Krishna Iron Foundry Freeganj Agra. 4. M/s. B.C. Iron Foundry Sultanganj Agra. 5. M/s. Kajeco Indu....

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.... Sikandara Agra. 34. Uttam Lah Udyog 10 Km Stone Mathura Road Agra. 35. Mahajan Ispat Udyog Runukutta, Mathura Road Agra. 36. G.M. Industries Corpn. Kailash Road, Sikandara Agra. 37. Satya Deep Udyog Mathura Road Agra. 38. Arbaria Iron Foundary Runukutta Mathura Road Agra. 39. Allied Iron & Steel Works Runukutta, Mathura Road Agra. 40. Singh Industries Mathura Road, Artoni Agra. 41. Kalyan Steel Products (P) Ltd. Artoni, Mathura Road Agra. 42. B.K. Steels Artoni, Mathura Road Agra. 43. Anand Industry Artoni, Mathura Road Agra. 44. Arbaria Steels Artoni, Mathura Road Agra. 45. Mathura Engineering 15 Km., Artoni, Mathura Road Agra. 46. Satya Ind. Corpn. Unit-2, Rambagh Agra. 47. A.R. Iron Foundary Rambagh Agra. 48. S.A. Iron Foundary 11/42, Rambagh Agra. 49. S.K. Iron Fo....

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...., Foundry Nagar Agra. 81. Bombay Engg. & Moulding Works 3994, Nagla Kishanlal Hathras Road Agra. 82. Gopal Iron Foundary D-38, Foundry Nagar Agra. 83. Sterling Machine Tools C-38, Foundary Nagar Agra. 84. Bharat Ind. Unit-2 B-12, Foundry Nagar Agra. 85. Kajeco Industries Unit-2 B-9/10, Foundry Nagar Agra. 86. Devi Enterprises Hathras Road Agra. 87. Techno Industries 2919, Nariach Hathras Road Agra. 88. Goyal Iron & Steel Works (India) Nagla Kishanlal Hathras Road Agra. 89. G.C. Industries Naraich, Hathras Road Agra. 90. K.J. Industries B-5, Foundry Nagar Agra. 91. Bajrang Iron Foundry B-4, Foundry Nagar Agra. 92. Agra Loh Udyog 1167, Foundry Nagar Agra. 93. Singhal Industries B-2, Foundry Nagar Agra. 94. Raj Iron Foundry Unit-II B-3, Foundry Nagar Agra. 95. Agrico En....

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.... 76A, Foundry Nagar Agra. 126. Devi Sahai Gopaldas Iron Foundry C-15, Foundry Nagar Agra. 127. Mittal Industries C-18, Foundry Nagar Agra. 128. B.K. Castings C-6, Foundry Nagar Agra. 129. N.K. Iron Foundry C-3, Foundry Nagar Agra. 130. Metal Products C-33, Foundry Nagar Agra. 131. Shanti Vrat & Sons B-7, Foundry Nagar Agra. 132. Mr. Sushil Kr. Danoria B-14/1, Foundry Nagar Agra. 133. BSA Agricultural Ind. 7/15, Nunhai Rd. Nawalganj Agra. 134. Indu Engg. & Textiles Ltd. 12/16A, Nawalganj Agra. 135. Vijay Iron Foundry 1250, Nawajganj Agra. 136. Kaushal Industries Nawalganj Agra. 137. Standard Pumps Nunhai Agra. 138. Doneria Pvt. Ltd. 10/4, Hathras Road Agra. 139. Doneria Iron & Steels 11/28, Chini Ka Roza Agra. 140. Ratan Industries (P) Ltd. 10/12, Kalra Wazir Khan ....

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....a. 170. Agra Engg. Industries Artoni Agra. 171. Profile Furnaces & Heat Treatment Kailash Road, Sikandara Agra. 172. AayJayUdyog B-6, Site B, Ind. Area Sikandara Agra. 173. Krishi Seva Udyog D-41, Foundry Nagar Agra. 174. Paragon Industries D-7, Foundry Nagar Agra. 175. Usha Martin Ind. Ltd. Nawaj Ganj Agra. 176. Mercury Engg. Chini Ka Roza Agra. 177. Shivam Industries 10/4A, Katra Wazir Khan Agra. 178. Doneria Industries 10/4A, Hathras Road Agra. 179. Rahul Diesels (India) Rambagh Agra. 180. K.J. Diesels (P) Ltd. Naraich Hathras Road Agra. 181. Prakash Agricultural Ind. Foundry Nagar Agra. 182. Anil Agricultural Ind. B-25, Foundry Nagar Agra. 183. Singhal Industries Corpn. C-49, Foundry Nagar Agra. 184. Gangotri Diesels (P) Ltd. Hathras Road Agra. 185. Shiv....

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....Agra. 216. M/s. Wasan & Co., Bodla, Bichpuri Road Agra. 217. M/s. Mahajan Tanners (P) Ltd. Bichpuri Road Agra. 218. M/s. Agra Tannery Leather Bichpuri Road Agra. 219. M/s. C.R. Oil Mill Motilal Nehru Road Agra. 220. M/s. Sharda Oil Mills Moti Lal Nehru Road Agra. 221. M/s. B.P. Oil Mills (P) Ltd. Maithan Agra. 222. M/s. Mayur Kattha Industries Chalesar Agra. 223. M/s. A.V. Paper Cones Sikandara Agra. 224. R.R. Chem. Industries Kailash Road Sikandara Agra. 225. Agra Beverages Corpn. (P) Ltd. Mathura Road Agra. 226. Arctic Drinks (P) Ltd. 12 Km, Mathura Road Agra. 227. Devyani Foods (P) Ltd. Mathura Road Agra. 228. B.K. Enterprises Mathura Road Agra. 229. R.M. Foods (P) Ltd. Artoni, Mathura Road Agra. 230. Park Leather Industries Ltd. Runukutta, Mathura Road Agra. 231.....

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....cts 10/4, Katra Wazir Agra. 261. Agarwal Knitting 188, Industrial Estate Nunhai Agra. 262. Bright Son Electroplaters Industrial Area Nunhai Agra. 263. Micro Metals 151, Ind. Estate Nunhai Agra. 264. M/s. Bonita Chemicals 64, I.E., Nunhai Agra. 265. M/s. Gandhi Refinaries 69 A I.E., Nunhai Agra. 266. M/s. Mahaveer Glass & Silicate Works 65 I.E. Agra. 267. M/s. The National Glass & Silicate Nunhai Agra. 268. M/s. Agra Chains Pvt. Ltd. 14, I.E., Nunhai Agra. 269. M/s. Agra Leather Board Pvt. Ltd. 5, I.E., Nunhai Agra. RUBBER FACTORIES 270. M/s. Bajwa Rubber Ind. 12/67, Rui Ki Mandi Agra. 271. M/s. Bengal Rubber Ind. Shahaganj Agra. 272. M/s. K.K. Rubber Ind. 11/3954, Langre Ki Chowki Shastri Nagar Agra. 273. M/s. Capston Rubber Products Transport Nagar Agra. 274. M/s. S....

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....ms have to be protected. The pollution created as a consequence of development must commensurate with the carrying capacity of our eco-systems. 28. Various orders passed by this Court from time to time (quoted above) clearly indicate that the relocation of the industries from TTZ is to be resorted to only if the natural gas which has been brought at the doorstep of TTZ is not acceptable/available by/to the industries as a substitute for coke/coal. The GAIL has already invited the industries in TTZ to apply for gas connections. Before us Mr. Kapil Sibal and Mr. Sanjay Parikh, learned Counsel for the industries have clearly stated that all the industries would accept gas as an industrial-fuel. The industries operating in TTZ which are given gas connections to run the industries need not relocate. The whole purpose is to stop air pollution by banishing coke/coal from TTZ. 29. This Court in Vellore Citizens Welfare Forum v. Union of India and Ors. AIR1996SC2715 , has defined "the precautionary principle" and the "polluter pays principle" as under: 11. ...We are, however, of the view that "the Precautionary Principle" and "The Polluter Pays" principle are essential featur....

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....vel of nutrition and the standard of living and to improve public health.-The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health among its primary duties and in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. 48A. Protection and improvement of environment and safeguarding of forest and wild life.-The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. 51A(g). To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures. Apart from the constitutional mandate to protect and improve the environment there are plenty of post independence legislations on the subject but more relevant enactments for our purpose are : The Water (Prevention and Control of Pollution) Act, 1974 (the Water Act), the Air (Prevention and Control of Pollution) Act, 1981 (the Air Act) and the Environment Protection Act, 1986 (the E....

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....s connections-for any reason shall stop functioning with the aid of coke/coal in the TTZ and may relocate themselves as per the directions given by us thereunder. 32. We order and direct as under: (1) The industries (292 listed above) shall approach/apply to the GAIL before February 15,1997 for grant of industrial gas-connection. (2) The industries which are not in a position to obtain gas connections and also the industries which do not wish to obtain gas connections may approach/apply to the Corporation (UPSIDC)/Government before February 28, 1997 for allotment of alternative plots in the industrial estates outside TTZ. (3) The GAIL shall take final decision in respect of all the applications for grant of gas connections by March 31, 1997 and communicate the allotment letters to the individual industries. (4) Those industries which neither apply for gas connection nor for alternative industrial plot shall stop functioning with the aid of coke/coal in the TTZ with effect from April 30, 1997. Supply of coke/coal to these industries shall be stopped forthwith. The District Magistrate and the Superintendent of Police shall have this order compli....

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....centives which are normally extended to new industries in new industrial estates. (13) The workmen employed in the above-mentioned 292 industries shall be entitled to the rights and benefits as indicated hereunder: (a) The workmen shall have continuity of employment at the new town and place where the industry is shifted. The terms and conditions of their employment shall not be altered to their detriment. (b) The period between the closure of the industry in Agra and its restart at the place of relocation shall be treated as active employment and the workmen shall be paid their full wages with continuity of service. (c) All those workmen who agree to shift with the industry shall be given one year's wages as 'shifting bonus' to help them settle at the new location. The said bonus shall be paid before January 31, 1998. (d) The workmen employed in the industries who do not intend to relocate/obtain natural gas and opt for closure, shall be deemed to have been retrenched by May 31, 1997, provided they have been in continuous service (as defined in Section 25-B of the Industrial Disputes Act, 1947) for not less than one year in ....