M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) We have heard all the counsel. Mr. M. C. Mehta, petitioner-in-person filed the application seeking directions (i) to take action against the authorities responsible for damaging and destroying the green belt within 500 metres of Taj Mahal; (ii) to direct the State of U. P. to shift the venue of Yanni concert beyond 500 metres from the Taj Mahal as recommended by the Expert Committee of the central Pollution Control Board; (iii) to direct the Union of India and the State of U. P. not to allow any vehicles, generators or sound equipments within 500 metres of Taj Mahal. (iv) He also sought for direction to constitute a committee to take necessary steps to protect the green belt as directed by this court on the earlier occasion.

(2.) Shri Rakesh Dwivedi, the learned Additional Advocate General of u. P. has stated that he and the Additional Solicitor General personally inspected the site at which Yanni has set up the venue for organising the sound show and a photograph has been placed before us showing that it was across River Yamuna in the sand belt wherein there is no green belt existing and does not exist and that, therefore, there will not be any effect on the Taj mahal by organising the show. He also suggested that they have given directions that on the eastern side of the Taj Mahal at Shilpgram the vehicleswould stop at a distance of 750 m. From there, the visitors would be taken by battery-operated buses up to a distance of 200 m away from the bridge and from there they would go by walk. The buses would stop beyond 200 m from the bridge. On the western side, all the vehicles would stop at the Red fort and from there the visitors would be taken by buses up to a distance of 600 m away from the Taj Mahal outer wall. From there the visitors would go by walk. It is also stated that there is no damage to the existing green belt. Presently there is no access into the green belt by the visitors. Therefore, the apprehension of the petitioner that the green belt will get damaged is not correct.

(3.) In view of the above statement, we accept the undertaking given on behalf of the State of U. P. that the visitors coming from the eastern side of the Taj Mahal would stop their vehicles at a distance of 750 m of Shilpgram. From there the visitors would be taken on battery-operated buses up to a distance of 200 m away from the bridge. From there they would go by walk to the place of the show. Similarly the visitors coming from the western side would stop their vehicles at Red Fort and from there they would be taken by buses up to a distance of 600 m away from the outer wall of the Taj Mahal. From there all the visitors would go by walk. No visitor would visit within the green belt as existing today. Thereby there would not be any damage to the green belt by virtue of the concert or visitors or visitors' vehicles.