M.C.MEHTA versus UNION OF INDIA AND ORS.

Citation: [1999] SUPP. 2 S.C.R. 124 · Decided: 31-08-1999 · Supreme Court of India · Bench: S. SAGHIR AHMAD · Disposal: Disposed off
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

A 
M.C.MEHTA 
v. 
UNION OF INDIAAND ORS. 
AUGUST 31, 1999 
B 
[S. SAGHIR AHMAD AND M. JAGANNADHA RAO, JJ.] 
Environment (Protection) Act, 1986: 
Environmental pollution-Taj Trapezium Zone-Atmospheric pollution-
C High levels-Natural gas-Refusal to accept-By industries in Agra-Held: 
For Zone I-(a) 53 iron foundries not agreeing to accept natural gas to be 
closed forthwith if not already closed as per Supreme Court's order dated 30-
12-I996; (b),29 non-cupola based industries, having entered into agreement 
with GAIL, but not accepted natural gas, to be closed by 15-9-1999; (c) As 
D and when these 29 industries take steps to receive natural gas they be 
allowed to function; (d) No coal/coke to be supplied after 15-9-1999 to those 
78 cupola-based industries which have not installed the cupola c~nversion 
technology; (e) As and when these 78 industries instal cupola. conversion 
technology they be allow_ed to function-For. Zones' lI and III-Central 
Government directed to examine expert reports.in connection with dismantling 
E of old Yamuna Bridge so that GAIL can taM a decision regarding laying of 
pipeline for supply of gas to the two zones. 
This Court in MC. Mehta's case (decided on 30-12-1996) directed the 
Gas Authority of India Ltd. (GAIL) to make available natural gas·to the 
industries in and around the Taj Trapezium Zone (TTZ) i,e. Zone I of the 
F Agra city by a certain date. However, only a certain number of industries 
alone had contacted GAIL for supply of natutal gas. Out of these, certain 
industries were awaiting the technology for conversion into natural gas. As 
regards Zones II and III of the TTZ, the respondent-Union. of India had not 
examined the reports of technical experts in connection with the disinantling 
G of the old Yamuna Bridge so that GAIL could take a decision regarding 
laying of the pipeline along the old Yamuna Bridge. The present application 
had been filed by GAIL seeking suitable directions in respect of the aforesaid 
matters. 
Disposing of the application, the Court 
H 
124 
I ' 
> 
M.C. MEHTA v. U.0.1. 
125 
HELD : 1. It is matter of grave concern if the atmospheric pollution A 
in and around the Taj Trapezium Zone (ITZ) is allowed to continue. Therefore, 
the following directions in respect of the industries located in Zone 1 of the 
TTZ are issued:- (130-H] 
(a) 53 iron foundries which have not agreed to accept natural gas have 
to be closed forthwith, if not already closed as per the orders of this Court B 
in MC. Mehta's case (decided on 30-12-1996). 
(b) 29 non-cupola based industries which have entered into agreement 
with GAIL, but have not accepted the natural gas, have to be closed down by 
15-9-1999 (as per clause 5 of order dated 30-12-1996). 
(c) As and when these 29 non-cupola based industries take steps to 
receive natural gas, they shall be allowed to function. 
c 
(d) In respect of the 78 cupola-based iron foundries, which had entered 
into an agreement with the Gas Authority of India.Ltd. (GAIL), but have not 
yet installed the cupola conversion technology, no coal/coke is to be supplied D 
to them after 15-9-1999. 
(e) As and when any of these 78 iron foundries gets converted to 
natural gas and takes steps to receive gas from GAIL, they will be allowed 
to function. [131-A-E] 
2. As regards Zones II and III of the TTZ, the Union oflndia is directed 
to examine the expert technical reports in connection with the dismantling 
of the old Yamuna Bridge so that GAIL can take a decision regarding laying 
of pipeline for supply of natural gas to Zones II and III. [132-C] 
E 
CIVIL ORIGINAL JURISDICTION: I.A. No. 61 in Writ Petition (C) No. F 
13381of1984. 
(Under Article 32 of the Constitution of India). 
In-person for Petitioner (N.P.) 
V.R. Reddy, P.P. Malhotra, Mrs. Suchitra A. Chitale, Pardeep Misra, 
Sanjay Parikh, Ashok K. Srivastava, Vijay Panjwani, Hemant Sharma, B.V. 
Bairam Das, Ms. Sushma Suri, Krishan Mahajan and Rakesh U. Upadhyay for 
the appearing parties. 
The Judgment of the Court was delivered by 
G. 
H 
, 
126 
SUPREME COURT REPORTS [1999) SUPP, 2 S.C.R. 
A 
M. JAGANNADHA RAO, J. This application has been filed by the Gas 
Authority of India Limited (for short 'GAIL') for the following reliefs: 
"(a) extend the schedule for supply of gas to industries in Zone-I of 
Agra City, laid down vide the order dated 3/04/98 passed by this 
Hon'ble Court in such a manner that in respect of cupola based 
B 
industries supply of gas by GAIL coincides with
Excerpt shown. Read the full judgment & AI analysis in Lexace.