M.C. MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) A. INTRODUCTION : The instant Writ Petition is, as of today, among the oldest matters pending before this Court. Its continued presence on the cause list over several decades reflects not only the intricacies of the issues involved but also the evolution of this Court's environmental jurisprudence and its sustained commitment to ecological protection. What initially originated as a limited plea for the preservation of the Taj Mahal has, over time, transformed into a continuing environmental cause, encompassing issues of heritage conservation, industrial regulation, urban governance, and the State's constitutional obligation to maintain ecological balance for present and future generations.

(2.) The present petition, at its inception, was occasioned by the visible deterioration of the Taj Mahal, manifested in the yellowing and blackening of its white marble, apparently attributable to air pollution in and around Agra. This alarming state of affairs prompted noted environmental activist, Shri M.C. Mehta, to invoke the jurisdiction of this Court, contending that a monument of unparalleled national and international significance ought not to be left vulnerable to unchecked emissions and administrative inaction.

(3.) The original writ petition, as shown in the record, attributed the damage to the Taj mainly to emissions from foundries, chemical and hazardous industries, brick kilns, generator sets, vehicular traffic, and the Mathura Refinery. It relied on expert material, including the Report on Environmental Impact of the Mathura Refinery, and sought appropriate directions to the concerned authorities to take immediate steps to reduce air pollution in the region and protect the Taj. These proceedings early on also noted the Petitioner's insistence on a detailed survey of polluting units in the Agra region, including foundries, ferroalloy, rubber-processing, lime-processing, engineering, and chemical industries, while also indicating that the Mathura Refinery and the Firozabad glass industry were contributing sources towards the gradual yet unflailing decay of the monument.