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Rajya Sabha Secretariat, New DelhiJuly, 2015/Ashadha, 1937 (Saka)

PARLIAMENT OF INDIARAJYA SABHA

REPORT NO.

262

DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEEON SCIENCE AND TECHNOLOGY, ENVIRONMENT AND FORESTS

(Presented to the Rajya Sabha on the 21st July, 2015)(Laid on the Table of Lok Sabha on the 22nd July, 2015)

TWO HUNDRED SIXTY SECOND REPORT

Effects of Pollution on Taj

Hindi version of this publication is also available

PARLIAMENT OF INDIARAJYA SABHA

DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEEON SCIENCE AND TECHNOLOGY, ENVIRONMENT AND FORESTS

TWO HUNDRED SIXTY SECOND REPORT

Effects of Pollution on Taj

(Presented to the Rajya Sabha on the 21st July, 2015)(Laid on the Table of Lok Sabha on the 22nd July, 2015)

Rajya Sabha Secretariat, New DelhiJuly, 2015/Ashadha, 1937 (Saka)

Website: http://rajyasabha.nic.inE-mail: [email protected]

CONTENTS

PAGES

1. COMPOSITION OF THE COMMITTEE ....................................................................................... (i)-(ii)

2. INTRODUCTION ...................................................................................................................... (iii)

3. ACRONYMS ............................................................................................................................ (iv)

4. REPORT OF THE COMMITTEE ................................................................................................ 1—18

5. RECOMMENDATIONS/OBSERVATIONS — AT A GLANCE ........................................................... 19—22

6. MINUTES ............................................................................................................................... 23—29

7. ANNEXURES ........................................................................................................................... 31—72

(i)

COMPOSITION OF THE COMMITTEE

(Constituted on 1st September, 2014-15)

1. Shri Ashwani Kumar — Chairman

RAJYA SABHA

2. Shri Anil Madhav Dave

3. Shri Prem Chand Gupta

4 . Shri C.P. Narayanan

5. Shri Paul Manoj Pandian

6. Dr. T. Subbarami Reddy

7. Shri Arvind Kumar Singh

8. Shri Bhupinder Singh

9. Shrimati Bimla Kashyap Sood

10. Shri Ronald Sapa Tlau

LOK SABHA

11. Shri Badruddin Ajmal

12. Shri Muzaffar Hussain Beig

13. Shrimati Bijoya Chakravarty

14. Shri Pankaj Chaudhary

15. Shri Prabhatsinh Pratapsinh Chauhan

16. Kum. Sushmita Dev

17. Shri Ninong Ering

18. Shri Laxman Giluwa

19. Dr. K. Gopal

20. Shri Daddan Mishra

21. Shri Shivaji Adhalrao Patil

22. Shri Nana Patole

23. Shri Nagendra Kumar Pradhan

24. Shri Harinarayan Rajbhar

25. Shrimati Sandhya Roy

26. Shri Kirti Vardhan Singh

27. Shri Nagendra Singh

28. Shrimati Renuka Sinha

29. Shri Vikram Usendi

30. Shrimati Vasanthi M.

*31. Shri Chirag Paswan

*Nominated w.e.f. 25th March, 2015.

(ii)

SECRETARIAT

Shri M.K. Khan, Joint Secretary

Shri Rohtas, Director

Shri V.S.P. Singh, Joint Director

Shri Rajiv Saxena, Assistant Director

(iii)

INTRODUCTION

I, the Chairman of the Department-related Parliamentary Standing Committee on Scienceand Technology, Environment and Forests, having been authorized by the Committee to presentthe Report on its behalf, present this Two Hundred Sixty-second Report on ‘Effects ofPollution on Taj’.

2 . The Committee heard the various officers of Central Government and State Governmentof Uttar Pradesh on the subject in its meeting held on 10th January, 2015. The Committee alsoundertook a study visit to Agra on the 10th and 11th April, 2015 and heard the representativesof Civil Society Organizations/NGOs and industrial units as well as the concerned Central andState Government officers on the 10th April, 2015.

3 . The Committee expresses its thanks to the officers of the Central Government andState Government of Uttar Pradesh and Civil Society Organizations/NGOs and industrial unitsfor rendering their valuable views/replies to clarifications sought by the Committee.

4 . In its meeting held on 3rd July, 2015, the Committee considered the draft report andadopted the same.

ASHWANI KUMARNEW DELHI; Chairman,3 July, 2015 Department-related Parliamentary StandingAshadha 12, 1937 (Saka) Committee on Science and Technology,

Environment and ForestsRajya Sabha

(iv)

ACRONYMS

UPPCB : Uttar Pradesh Pollution Control Board

TTZ : Taj Trapezium Zone

ASI : Archaeological Survey of India

SPM : Suspended Particulate Matter

CEPI : Comprehensive Environmental Pollution Index

IAEO : Integrated Afforestation and Eco-Development Project

NAEB : National Afforestation and Eco-Development Board

NEERI : National Environmental Engineering Research Institute

APCS : Air Pollution Control Systems

HCFs : Health Care Facilities

ETP : Effluent Treatment Plant

RIICO : Rajasthan Industrial Development and Investment Corporation

REPORT

GENESIS

1. The Taj Mahal, a national monument and an iconic image of India, attracts millions ofvisitors every year. A study by two scientists at the Indian Institute of Technology (Kanpur)in the journal Environmental Science and Technology of American Chemical Society hadclaimed discolouration of the Taj Mahal due to particulate carbon and dust deposition. Resultsindicated that light-absorbing dust, black carbon and brown carbon generated from combustionof fossil fuels and biomass were responsible for its discolouration. Their findings suggestedthat the deposition of light absorbing particulate matter in regions of high aerosol loading werenot only influencing cultural heritage but also the aesthetics of both natural and urban surfaces.These findings were reported in the media and the entire nation was concerned about it.

2 . In this background, the Department related Parliamentary Standing Committee onScience and Technology, Environment and Forests decided to take up the subject ‘Effects ofPollution on Taj’ for its examination and report.

3 . In its meeting held on the 10th January 2015, the Committee heard the representativesof the Union Ministry of Environment, Forest and Climate Change, Central Pollution ControlBoard, Taj Trapezium Zone Authority, Uttar Pradesh Pollution Control Board (UPPCB) and theArchaeological Survey of India, on the subject.

Taj Trapezium Zone

4. The Committee was informed by the Ministry of Environment, Forest and ClimateChange that various orders have been passed by the Hon’ble Supreme Court of India (withreference to the WC 13381/1984, M.C. Mehta Vs. Union of India and others) for improvementof environmental quality in Taj Trapezium Zone for protection of Taj Mahal. Some importantdirections of the Hon’ble Supreme Court regarding protection of Taj Mahal were as under:

(i) Shifting of industries from Taj Trapezium in a phased manner.

(ii) the atmospheric pollution in TTZ has to be eliminated at any cost. Not evenone percent chance can be taken when human life apart the preservation ofprestigious monuments like Taj is involved.

(iii) Those industries, which neither apply for gas nor for alternative industrial plot,shall stop functioning. Supply of coal/coke to the said industry shall be stoppedforthwith.

(iv) Construction of Agra bypass to divert all the traffic

(v) To ensure uninterrupted electricity to the TTZ

(vi) The city should be provided with scientifically designed, constructed andoperated sewerage system with high priority.

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(vii) Proper parking and traffic management for Taj

(viii) Regular monitoring of Ambient Air Quality in and around Taj.

5 . Ministry of Environment, Forest and Climate Change, Government of India declaredAgra-Mathura region as air pollution protected area namely the Taj Trapezium Zone (TTZ) inthe year 1983. The Taj Trapezium Zone Pollution (Prevention & Control) Authority, thetrapezium (area 10400 sq.km.) bounded between 260 45’N & 770 15’E to 27o 45’ N & 770 15’Ein the west of the Taj Mahal and in the East of Taj Mahal between 27000’N & 78030’E to27030’N & 78030’E, for protection and improvement of the environment in the TTZ, wascreated vide notification dated May 17, 1999 under the Chairmanship of Commissioner, AgraDivision consisting of the following members-

(i) Commissioner, Agra Division - Chairman

(ii) Chairman, U.P. State Pollution Control Board - Member

(iii) D.I.G. of Police, Agra Range - Member

(iv) Member-Secretary, CPCB - Member

(v) A representative of the MoPNG - Member

(vi) A representative of the MoEF, GoI - Member

(vii) A representative of the ASI - Member

(viii) Vice-Chairman, Agra Development Authority - Member

6 . The Authority was reconstituted by Ministry of Environment, Forest and ClimateChange, Government of India vide notification dated 14th January, 2015 and the number ofmembers increased to 18.

7 . Stating the problems of TTZ, the Chairman of TTZ informed the Committee that noadministrative set-up has been constituted for TTZ Authority. Therefore, no mechanism isavailable to implement the decisions of the TTZ Authority. Vice-Chairman, Agra DevelopmentAuthority is the Member Convener and therefore routine works of TTZ Authority aredischarged by a few officers of Agra Development Authority. For all practical purposes, TTZAuthority is not functioning optimally as it consists of only members with no supporting staff.No budget is allocated for proper functioning of TTZ Authority. As regards the funds releasedby the Ministry of Environment, Forests and Climate Change to the Authority during the lastthree years, the Committee was informed that no funds were released by the Ministry duringthe last three years. The routine expenditure of TTZ Authority is provided by AgraDevelopment Authority. The routine expenditure involves filing of regular affidavits in theHon’ble Supreme Court on behalf of Chairman of TTZ Authority and Chief Secretary of UttarPradesh on behalf of Mission Management Board, to organize regular meetings of TTZAuthority, honoraria to one clerk and two peons, postage, refreshment, stationary, etc.

8 . The Committee was informed by the representative of Taj Trapezium Zone Authoritythat the important actions taken by various agencies for improvement of environmental qualityin TTZ for protection of Taj Mahal were as under:-

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(i) Closure of coal based Thermal Power Plants

(ii) Dieselization of Railway Yards

(iii) Prohibition of establishment/expansion of polluting industries

(iv) Closure of coal/coke based industries at Agra and closure of polluting industries,except those equipped with adequate Pollution Control Systems in TTZ.

(v) Closure of Approx. 450 Brick Kilns within TTZ

(vi) Supply of Natural Gas to Mathura Refinery and Industries of Agra andFirozabad in phased manner

(vii) Setting up of improved Sulphur Recovery Units at Mathura Refinery

(viii) Supply of ultralow sulphur Diesel to vehicles/industries/D.G sets in Agra

(ix) Restriction of plying of Petrol, diesel driven vehicles around 500 meter of TajMahal.

(x) Plying of Battery operated Buses and other vehicles within 500 meter of Taj Mahal.

(xi) Fixation of age for public and commercial vehicles

(xii) No new registration of age barred vehicles

(xiii) Use of Gas/Eco-friendly fuel by industries

(xiv) Supply of CNG for vehicles at Agra

(xv) Green belt development and other infrastructure development near monuments.

(xvi) Ban on burning of biomass, leather cuttings and cow dung in Agra speciallyareas near Taj Mahal.

(xvii) Constitution of task force for development of Taj Heritage Corridor area byArchaeological Survey of India (ASI).

(xviii) Approval of R167 crore project for upgrading civic amenities around Taj Mahal.

9 . The Committee is aghast to note that no administrative setup has been constitutedfor TTZ Authority and as such no mechanism is available to implement the decisions ofthe TTZ Authority. As admitted by TTZ Authority, for all practical purposes TTZ Authorityis not functioning optimally as it consists of only members with no supporting staff.Further, no budget is allocated for proper functioning of TTZ Authority. The Committeeis at a loss to understand as to how the TTZ Authority, created to monitor progress of theimplementation of various schemes for protection of the Taj Mahal and programmes forprotection and improvement of the environment in the said area, has been functioningsince its creation in 1999. The Committee, therefore, recommends that Ministry ofEnvironment, Forest and Climate Change should provide the necessary financial support,manpower and infrastructure to the TTZ Authority without any further delay, so that itis able to effectively discharge its functions.

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10. During the meeting of the Committee held on 10th January, 2015, the Committeewas informed by the Director-General, Archaeological Survey of India that the main causewas dust particles on surface of the stones. They were regularly cleaning with humanintervention and this practice effectively removes the superficial layer. As far as the stonesurface, which is absorbing the pollutants in the porous surface, more effective measureswere required to be taken. For that, effective preservative coating material may beidentified and evaluated. Treatment of dome of Taj Mahal is under consideration becausethere are some problems for raising the scaffolding and the load bearing capacity of thatportion was to be examined. The paper on it was yet to be published and it had given someconclusions.

11. Not satisfied with the presentations/submissions made before the Committee and tohave first hand information on the spot, the Committee decided to visit Agra on the 10th and11th April, 2015. At Agra, the Committee heard the representatives of Civil Society Originations/NGOs and industrial units, etc. on adverse effects of pollution on the Taj Mahal. A list ofthe members of NGOs/Civil Society present in the meeting held at Agra on 10th April 2015 andcopies of representations received are at Annexure I & II. The following points were broughtto the notice of the Committee during discussion:-

(i) Schemes to protect and improve environment in TTZ area were not beingexecuted due to non-availability of Secretariat and required officers, engineers,scientists etc. and non-availability of budget and lapse of Central allocation forTTZ for want of matching budgetary provisions by the State Government.

(ii) Directions of the Supreme Court regarding tapping of two Nalas namely, NalaMantola and Shamshan Nala still await implementation.

(iii) Construction of Agra Barrage and water supply of Agra barrage is yet to becompleted to supply drinking water to the residents of Agra and to bring lifeto river Yamuna, which is next to the Taj Mahal.

(iv) A large portion of city waste/sewage (raw) is dumped in the river.

(v) Solid waste collection and disposal mechanism is totally inadequate.

(vi) Sewerage network covers only half of city area.

(vii) Traffic congestion and jams remain the order of the day.

(viii) Widespread encroachments on public land and green belts.

(ix) Green belts, parks, gardens are dwindling fast.

(x) About 24 major drains directly discharge effluents and sewage into the river.

(xi) Two third of Agra Fort is occupied by Military personnel who take dieselvehicles inside the Fort and also cook food inside the Fort.

(xii) Despite orders of Supreme Court, no action has been taken to stop the illegalexpansion of factories which were emitting NO

2 sulphur, petro coke and did not

comply with the pollution norms.

5

(xiii) Representatives of Glass Manufacturer Associations stated that theirmanufacturing units were using natural gas which conformed with the specifiedpollution norms and therefore, ought not to be disturbed.

(xiv) Thousands of cattle regularly bathe in what remains of river Yamuna andresultantly, the excreta from the animals is discharged in the Yamuna furtherpolluting the surroundings of the Taj.

Measures taken

12. In the light of Committee’s discussion on 10th January, 2015 in Delhi, the Ministry ofEnvironment, Forests and Climate Change stated that following measures have been taken toprotect the Taj from pollution:

Burning of cow dung has been banned in Agra and 8 FIR’s have been filedagainst persons violating the ban imposed.

62,592 plants on an area of 56.90 hac. have been planted in the vicinity of TajMahal during the last four years.

Cycle patrolling has been started by security officers responsible for Tajsecurity.

Solar traffic signals have been installed at 13 important intersections of themajor roads.

Construction on Inner Ring road joining Kanpur road to Gwalior road hasalready begun which will result in decongestion of major arteries of Agra andthereby reducing vehicular pollution.

To provide pollution free mass transport for the daily commuters Governmentof U.P. has appointed RITES Limited (under Ministry of Railways, Governmentof India) to conduct feasibility and DPR for Agra Metro Rail project. Anagreement has already been signed between Agra Development Authority andRITES Limited on 26.03.2015.

A separate cycle track has been planned by Public Works Department for Fatehabadroad and Shilpgram road to reduce vehicular movement around Taj Mahal.

Mathura refinery is gradually switching over to natural gas from 50% in theyear 1996 to 58.8% in 2014-15. At present natural gas used is 58.8%, 27.8%refinery gas and remaining is furnace oil as fuel.

Four cyclone separators are being used by Mathura Refinery to reduceparticulate matter.

Several punitive actions have been taken against persons selling coal to pethamanufacturer and thereby forcing petha manufactures near Taj Mahal to shift topetha nagari in Kalindi Vihar.

A.S.I. is undertaking greening of barren land between Agra Fort & Taj Mahal.

Parks have been developed by Agra Development Authority to increase green cover.

6

13. The Committee was further informed that air pollution has become a concern not onlyfor health issues of common man but also for Cultural Heritage. There have been consistentefforts to minimize the impact of Air Pollution on Taj due to emitting gaseous and solideffluents from different sources like burning of fossil fuels, organic carbon and effluentscoming from the industries. Air Pollutants may be divided into two forms namely Gaseousform like Oxides of Carbon, Nitrogen and Sulphur, and Solid form like Suspended particulateMatter (SPM) including Carbon and Dust.

14. Above two forms of Air Pollutants are liable to act on all types of building materialsboth physically and chemically and there are two ways of interaction of these pollutants withthe building materials, namely Wet Deposition and Dry Deposition. Wet Deposition is a processby which gaseous forms of pollutants react with moisture of the environment and getconverted into acidic form but in very mild concentration. This acidic form is liable to reactwith the marble which is considered to be more prone to be attacked by these acidic formsand may induce corrosion of the stone.

15. The Ambient Air Quality Monitoring at Taj Mahal has indicated that the annual averageconcentration of gaseous pollution (SO2 & NO2) are within prescribed limit.

16. Dry deposition is comparatively less harmful if not charged heavily with the acidiccomponents. An Action Plan has been prepared by Archaeological Survey of India to minimizethe effect of chemical pollutants on Taj Mahal.

17. Regarding improvement of air quality of Agra city and control of pollution around TajMahal, various steps have been taken by different authorities for complying with the order ofHon’ble Supreme Court in writ petition (civil) no. 13381 of 1984 [Further in compliance ofHon’ble Supreme Court’s order dated 05.04.2002 in W.P. No. 13029 of 195, the U.P. PollutionControl Board has prepared a comprehensive Action Plan which includes city gas network forvehicle/domestic sector/hotels/industries etc., installation of automatic traffic lights & signals atthe main crossings of Agra City, massive plantation, phasing out of old vehicles, up-gradationof PUC system, by passing transit traffic, strengthening of air quality monitoring network,management of Municipal Solid Waste & Bio-Medical Wastes etc. the above Action Plan isunder implementation & the progress is being reviewed by Taj Trapezium Zone Pollution(Prevention & Control) Authority/Govt. of U.P./MoEF&CC.

18. In addition, U.P. Pollution Control Board has prepared an ‘Action Plan’ while seekingthe current progress of the implementation of projects completed, under progress and proposedenvironmental improvement of the industrial clusters of Agra City including Air, Water and landdimensions for overall improvement of Comprehensive Environmental Pollution Index (CEPI)which will certainly contribute towards the better environment & control of Pollution aroundTaj Mahal & other significant monuments. Taj Trapezium Zone Pollution (prevention & Control)Authority, Agra in its 32nd meeting held on 07.01.2015, following main decisions have beentaken to reduce the pollution load in Taj Trapezium Zone (TTZ).

(i) To restrict the establishment of new gas based air pollution industries andincrease in production capacity of old established industries with immediateeffect.

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(ii) No concerned department like Zila Udyog Kendra, State Pollution Control Board,Gas Authority of India Ltd. and others can grant No Objection Certificatewithout prior permission from TTZ Authority to restrict transfer, diversificationand capacity enhancement.

19. During the meeting of the Committee held at Agra on 10th April, 2015 the Committeeenquired about the measures taken by TTZ Authority to reduce black and brown carbons.Through a power-point presentation, the Committee was informed by the TTZ Authority thatthe Authority had taken the following recent measures to reduce black carbon, brown carbonand dust particles:-

(a) Black Carbon

(i) Agra Metro rail approved, which will reduce number of private vehicleson roads

(ii) 6 new CNG filling stations to come up in 2015-16 (in addition toexisting six)

(iii) Goods carriers prohibited from plying in Taj vicinity w.e.f. 1.1.2015.

(iv) Diesel/petrol goods carriers prohibited from city limits w.e.f. 1.8.2015.

(v) 12 km long bicycle track to come up in 2015.

(b) Brown Carbon

(i) Crackdown on petty manufacturing units still using coal as fuel-66 pethaunits sealed during past 3 months.

(ii) Ban on burning of cow dung cakes as fuel within city limits-28 FIRslodged in past month.

(c) Dust Particles

(i) 62,592 trees planted in Taj Forestry block abutting Taj Mahal during last4 years.

(ii) Greening of open space between Agra Fort and Taj Mahal beingundertaken by ASI in 2015.

(iii) Agra Barrage announced by UP government on river Yamuna.

20. The Authority also apprised the Committee that it intended to take the following stepsas part of its future plans to contain pollution in TTZ area:-

(i) 250, 000 more trees to be planted in 2015 and 2016 in TTZ by ForestDepartment.

(ii) Development of Agra as a SOLAR CITY by Agra Municipal Corporation.

(iii) Rules under preparation for battery operated three-wheelers (e-rickshaws) toeventually replace autos.

(iv) Dredging of Yamuna River to increase water pooling behind Taj Mahal.

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21. The Committee takes note of the recent measures taken by the TTZ Authorityand its future plans to reduce pollution in the area to minimize its adverse effects onthe Taj Mahal. The Committee recommends that these measures should beimplemented in true spirit and within a specified time frame through an interactiveengagement between the State Government, Municipal and Central Governmentagencies. Effective steps should be taken by all the concerned authorities to ensurethat the future of Taj as a symbol of India’s cultural heritage is not hostage toenvironmental degradation.

AFFORESTATION ACTIVITIES

22. During its journey from Delhi to Agra by road, the Committee observed that there wasno greenery/plantation on either side of the Yamuna Expressway. The representatives of civilsociety organizations/NGOs at Agra had also highlighted that green belts, parks, gardens weredwindling fast due to encroachment etc. The Committee, therefore, sought to know the detailsof the afforestation activities undertaken in the TTZ area. The TTZ Authority informed theCommittee that -

(i) In Writ Petition (Civil) 13381/1984 MC Mehta V/s Union of India and others,Hon’ble Supreme Court in its order dated 11.04.1994 directed the Ministry ofEnvironment and Forest, Government of India to develop a Green Belt aroundTaj Mahal.

(ii) Plantation for development of green belt around Taj Mahal was done under acentrally sponsored scheme “Integrated Afforestation and Eco-DevelopmentProject (IAEO)-Taj Afforestation Project, National Afforestation and Eco-Development Board (NAEB), Ministry of Environment and Forest.

(iii) Pursuant to Hon’ble Supreme Court’s order 155850 plants on 142 hectare arereported to have been planted in the year 1995-96. (No of spots -33)

(iv) In 1996-97, plantation of 22125 saplings on 15.6 hectare is claimed to havebeen achieved around Taj Mahal. (No. of spots-3).

(v) In 1997-98 plantation of 52900 saplings on 33.172 hectare was claimed aroundTaj Mahal and in other nearby areas. (No. of spots-11)

(vi) From 1995-96 to 1997-98 a total of 230875 plants were planted on 190.77 ha.under Taj Afforestation Project.

(vii) Hon’ble Supreme Court in its judgment dated 30.12.1996 mentioned that “Greenbelt as recommended by NEERI has been set up around Taj. Pursuant tocontinuous monitoring of this Court, the Green Belt has become a reality.”

(viii) In 2011 plantation on an area of 56.90 ha. was done in Taj Forest Blockabutting the Taj Mahal. Total numbers of plants is 62592.

23. In response to another query, the Committee was informed that different departmentsof the State Government had taken permission to cut trees to carry out some civil work.While passing the order, the Supreme Court had directed that more trees should be planted in

9

lieu of those trees that were being cut. However, because of a conflict of opinion between theUnion Ministry of Environment, Forest and Climate Change and State Forest Department, fundswere not readily available for this plantation exercise. The matter was brought to the noticeof Supreme Court as a result of which some officers of the State Forest Department had toface disciplinary action. The Committee was further informed that funds had now beenreleased by the Union Ministry of Environment, Forests and Climate Change to the StateGovernment and a programme has been chalked out to plants more trees during the next twoyears.

24. The Committee is of the view that planting trees is one of the most effectiveways to combat air pollution. Deforestation and cutting of trees plays havoc onenvironment. The Committee, therefore, recommends that massive afforestationexercise should be undertaken by the TTZ Authority, which is not an expensive affairbut can contribute a lot towards solving the problem of pollution plaguing the city of Taj.The TTZ Authority should also consider involving NGOs/local populace and private sectorin the afforestation activities. The concerned authorities should also consider plantingtrees on the sides of the Yamuna Expressway. The Committee also recommends that theUnion Ministry of Environment, Forest and Climate Change and the State Governmentshould devise a coordination mechanism and ensure massive afforestation and plantationactivities in the TTZ Area.

Study on Environmental Management Plan

25. The Committee was further informed that TTZ Authority had initiated a study onEnvironmental Management Plan by National Environmental Engineering Research Institute(NEERI), Nagpur in December, 2013. Based on the in-depth analysis of air quality status anddifferent sources of air pollution in TTZ area and also measures already implemented in thepast in different sectors, management plan of improvement in air quality has been suggestedby NEERI, Nagpur in “Environmental Management Plan of Agra/TTZ”(2013-14) in thefollowing areas:

(i) Industrial Pollution Control

(ii) Vehicular Pollution Control

(iii) Road Network and Traffic Management

(iv) DG sets

(v) Other un-accounted sources/activities

(vi) Strengthening of Air Quality Monitoring and continuous Assessment

(vii) Green belt development/ Massive Plantation

(viii) Awareness & Public Participation (Area/Ward/City Development Teams)

26. Based on the suggestions given by NEERI, the following projects have been formulatedby different departments:-

(i) Construction of Inner Ring Road

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(ii) Widening of ROB on M.G. Road

(iii) Upgradation/Infrastructure creation project with following components:

(a) Upgradation of Inter-State Bus Station in Transport Nagar, Agra

(b) Workshop for long route buses in Guru Ka Taal

(c) Creation of Satellite Bus Terminals at Agra-Fatehpur Sikri Road, Agra-Gwalior Road, Agra-Kanpur Road.

27. The Committee was informed by the Ministry of Environment, Forest and ClimateChange that based on the report of NEERI, the Ministry had identified 10 projectsamounting to Rs. 220 crore and had submitted the same to the Government of UttarPradesh to approve them so that the Central Government could give 50% of the share forthe implementation of the projects from a Centrally Sponsored scheme for the protectionof the Taj. However, inspite of their having raised the issue at the highest level, theapproval of the State Government to the projects is s t i l l awaited. However, therepresentative of the State Government expressed inability to provide their share for theprojects due to the shortage of funds.

28. The Committee observes that the State Government of Uttar Pradesh hasexpressed its inability to provide funds for management plan of improvement in airquality in TTZ. The Committee is of the view that a project of national importance suchas Taj cannot be allowed to suffer due to shortage of funds/want of matchingcontributions by the State Government in the providing the necessary financialassistance for the projects recommended by NEERI. The Committee feels that theCentral Government should take the initiative to impress upon the Government of UPto contribute its share for the implementation of the projects to the extent possible andwhatever shortfall is there, should be provided by the Central Government.

SOURCES OF POLLUTION

29. The Committee was informed by Ministry of Environment, Forest and Climate Change

that major sources of pollution in Agra affecting the Taj Mahal were as under:

(i) Vehicular Pollution

(ii) Emissions from Industry (Foundry, Petha, Electroplating, rubber, chemical &

engineering industries)

(iii) Gensets (used during power cut in hotels, industries, commercial

establishments, houses, etc.)

(iv) Burning of bio-mass, use of fuel in domestic sector.

(v) Re-suspension dust (Road, open areas, transport from other areas etc.)

(vi) Un-organized sector like sweet shops, restaurants, etc.

(vii) Other activities (construction, stone cutting etc.)

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MEASURES FOR REDUCING POLLUTION

Vehicular Pollution in Agra

30. Vehicular pollution has become one of the major sources of air pollution in thecountry and Agra is no exception to it. The Committee was informed that other thanindustries, vehicular pollution is the major factor affecting the Taj Mahal. As per the recordsof RTO, Agra total number of vehicles in Agra district have increased from about 4.0 lakhsto 6.4 lakhs in a span of 8 years (from 2003-04 to 2010-11) with an overall annual averagegrowth rate of about 7.6%. In Agra district, about 7.45 lakh commercial and non-commercialvehicles were plying on road (as on January, 2013). Besides the movement of registeredvehicles in the Agra and TTZ area, a large number of all categories of vehicles come fromnearby states/cities like Delhi, Rajasthan, Madhya Pradesh and UP itself. Movement of allthese vehicles for tourist as well as commercial activities also results in significant airpollution through vehicle exhausts. Movement of large number of vehicles in the TTZ areacontributes not only to air pollution through the exhaust pipes but also due to their movementon roads. Further, re-suspension of road dust in large quantity also contributes to the totalparticulate matter (SPM/PM

10).

31. The Committee sought to know the steps taken to reduce vehicular pollution and toovercome the problem of traffic congestion by the different authorities in Agra. TheCommittee was informed by TTZ Authority that the following steps had been taken by differentauthorities to contain the effects of vehicular pollution on the Taj Mahal and to overcome theproblem of traffic congestion:-

(i) Construction of Inner Ring road joining Kanpur road to Gwalior road hasalready begun which will result in decongestion of major arteries of Agra andthereby reducing vehicular pollution.

(ii) To provide pollution free mass transport for the daily commuters, Governmentof Uttar Pradesh has appointed RITES Limited (under Ministry of Railways,Government of India) to conduct feasibility and DPR for Agra Metro RailProject. An agreement has already been signed between Agra DevelopmentAuthority and RITES Limited on 26.03.2015.

(iii) A separate cycle track has been planned by Public Works Department forFatehabad road and Shilpgram road to reduce vehicular movement around TajMahal.

(iv) Restriction of plying of Petrol, diesel driven vehicles around 500 meter of TajMahal.

(v) Plying of Battery operated Buses and other vehicles within 500 meter of TajMahal.

(vi) Fixation of age for public and commercial vehicles

(vii) No new registration of age barred vehicles

(viii) Supply of CNG for vehicles at Agra

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32. The Committee feels that increased vehicular traffic in Agra is becoming a hugesource of pollution and is one of the factors adversely affecting the Taj Mahal. TheCommittee notes the steps taken by the Government to contain vehicular pollution andrecommends that measures taken should be implemented strictly to obviate anyrelaxation so that the beauty of the Taj could be saved.

Industrial Pollution

33. Industrial pollution is yet another major source of pollution in the TTZ area which isadversely affecting the Taj Mahal. Ministry of Environment, Forest and Climate Changeidentified the following main sources of industrial pollution :

(i) The major air polluting industries in Agra include Cupola, Induction furnace,Rubber, Chemical and Engineering industries, which are currently usingelectricity; CNG supplied by GAIL and are reported to comply with thestandards laid down by MoEFCC. Appropriate air pollution control systems(APCS) have been installed in these air polluting units.

(ii) There are about 194 (190 glass industries + 4 Pakai Bhatti associations) glassbased industries manufacturing mainly glass bangles, glass beads, glass rods,glass tubes/shell, glass wares and glass blocks in TTZ area of Firozabad. DGsets are installed in almost all the glass industries in Firozabad District, whichare mostly based on natural Gas.

(iii) Mathura Refinery is one of the major industries in Mathura. Besides, there areother small & medium scale industries in the region.

(iv) Due to proximity to Keoladev National Park, industries could not be developedin Bharatpur Region. Presently, Perfect Sanitary Pipe and other small andmedium scale industries manufacturing/producing agricultural equipments, tincontainer, animal fodder etc. are operating in Bharatpur. For systematicindustrial development, Rajasthan Industrial Development and InvestmentCorporation (RIICO) was established in 1984. However, industrial developmentin the region is yet to be achieved.

(v) Apart from the organized sectors there are a large number of small scale/cottage/household activities which contribute towards air pollution. In Agra,besides foundries, there are petha (sweet item) manufacturing units and alsomore than 2000 halwaiis, 500 kumhars and bharbhujas which use coal, cowdung, wood and agro-wastes.

34. The Committee was further informed that some steps taken for control of industrialpollution were as under:

(i) Use of natural Gas as fuel in Industries. A dedicated network has been createdby Gas Authority of India.

(ii) PNG is being supplied to some residential/commercial areas. Expansion isplanned in phased manner.

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(iii) Adequate supply of LPG has been ensured for domestic use.

(iv) Encouraging petha/bangles micro units to switch from coal to LPG/CNG andshifting to designated areas.

(v) Setting deadline of 31.7.2015 for converting small commercial vehicles (loaders)to CNG.

(vi) Prohibition of the expansion of existing gas based industries.

(vii) Providing instant gas connections as incentive.

35. In response to a query as to whether the chemical pollutants from industries in andaround Agra were affecting the Taj Mahal adversely, the Committee was informed that thepolluting industries in and around Agra are equipped with air pollution control devices. Theindustries were operating on CNG or electricity. Further, the Ambient Air Quality Monitoringat Taj Mahal has indicated that the annual average concentrations of gaseous pollution (SO2and NO2) are within prescribed limit.

36. The Committee notes with concern the sources of industrial pollution in TTZArea, which have been adversely affecting the Taj Mahal. The Committee recommendsthat Government should look into the allegation of illegal expansion of factories whichwere emitting NO2 , sulpher and petro coke and did not comply to the pollution norms,in violation of the orders of Supreme Court and take not only necessary punitive actionbut preventive measures too against such industries. The concerned authorities shouldalso ensure that air pollution control systems (APCS) are installed in these air pollutingunits. The Committee also recommends that the Government should not only encouragethe industries, including the petha and bangle units, to shift to designated areas but alsofacilitate their efforts to shift to new places.

Pollution due to use of DG Sets

37. One of the important directions of the Hon’ble Supreme Court regarding protection ofTaj Mahal was to ensure uninterrupted electricity supply to the Taj Trapezium Zone. However,the Committee was informed by the representatives of civil society organizations/ NGOs thatirregular supply of electricity in the region forces the consumers to use DG sets forcommercial as well as domestic purposes and the use of DG Sets in whole TTZ area,especially in Agra, is considered as a major source of air pollution. DG sets are installed inalmost all the glass based industries in Firozabad district. These DG sets are operated withnatural gas. DG sets are also deployed as alternative electricity source in many Health CareFacilities (HCFs), which include all types of hospitals, nursing homes, clinics, pathologicallabs, etc. DG Sets are also installed in some commercial places such as banks and hotels. InMathura also, DG Sets are installed in Industries and commercial/residential premises likeschools, hospitals, complexes and hotels, etc.

38. Since 24 hour electricity to TTZ area was one of the directions of the Supreme Court,the Committee enquired from the TTZ Authority as to whether the directions given by theHon’ble Supreme Court were being complied with by the TTZ Authority. The Committee wasinformed that nearly all the directions of the Supreme Court had been implemented. However,

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as regards uninterrupted power supply to TTZ Area, the directions had not been fullyimplemented. Since there was a shortage of electricity in Uttar Pradesh, the TTZ was gettingabout 18-19 hours of electricity every day, which, however, was much better than many otherdistricts of Uttar Pradesh.

39. The Committee is of the view that use of DG sets in TTZ Area is one of themajor sources of air pollution, which has been adversely affecting the beauty of the Taj.The Committee recommends that the Government of Uttar Pradesh must make all outefforts to implement the direction of Hon’ble Supreme Court regarding 24 hour powersupply to the TTZ area so that the use of DG sets is avoided and its adverse impact onthe Taj Mahal be minimized.

40. The Committee feels that by not fully implementing the Supreme Court directionof 24 hour electricity supply to the TTZ, the TTZ Authority was making itself liable forcontempt of Supreme Court. The TTZ Authority has also not sought any exemptionfrom the Supreme Court in this regard. The Committee therefore, recommends that inorder to avoid contempt of Court, the TTZ Authority should approach the SupremeCourt and highlight the constraints in providing 24 hour power supply in TTZ areas andseek an amendment of the direction issued in this regard, till such time they are ableto provide 24 hour power supply in the area.

Pollution from Cremation Ground

41. Attention of the Committee was also drawn to a cremation ground in Agra which wasalso a source of pollution affecting the Taj Mahal. The Committee desired to know as towhether any steps had been taken by the concerned authorities to shift the cremation ground.Chairman, TTZ Authority informed the Committee that the cremation ground was located closeto the Taj Mahal and it had been there for hundreds of years. To shift it from there was achallenging task. However, a new electric crematorium had been built next to the traditionalcremation ground and they had been trying to persuade the people not to burn the dead in thetraditional manner but to use the electric crematorium. He further stated that it was not easyfor the people to change their traditional rituals.

42. The Committee is of the view the cremation ground close to the Taj Mahaladversely affects the Taj Mahal. The Committee recommends that there should be nolet up in the efforts of the Government to shift the cremation ground and to makepeople understand to switch over to the electric crematorium to burn their dead in aneco-friendly manner to save the Taj from its adverse effects.

Treatment of Solid and Liquid Wastes

43. The Committee was informed by the representatives of civil society organizations/NGOsthat a large portion of city waste/sewage goes into the river Yamuna untreated. Further, solidwaste collection and disposal mechanism is inadequate and sewerage network covers only halfof city area. The Committee desired to know as to what steps had been taken to ensure thatthe debris and sewerage of the city were being disposed off. The Committee was informedby the Municipal Commissioner, Agra that 9 Sewerage Treatment Plants have been constructedto treat the sewerage flowing into Yamuna, one out of which was under construction. Total

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capacity of these STPs were 220.50 mld. However, some of the STPs were old and were notworking to their full capacity. Attention of the Committee was also drawn to the bathing ofbuffalos etc. in the water bodies around the Taj Mahal.

44. The Committee is of the view that degradation of Yamuna bed is quite evidentand is visible to the naked eye. The Committee is unhappy to note that not only thecapacity of the sewerage plants inadequate but some of these plants are not functioningto their full capacity or have to run on DG sets. The Committee recommends that stepsshould be taken to strengthen the management of solid and liquid municipal wasteinfrastructure in the Agra city. The Committee also recommends that the concernedauthorities should ensure that there is no dumping of solid or liquid waste from withinthe municipal limits of Agra into the Yamuna bed, without requisite treatment. Theeffluents related to waste water and sewage surrounding the Taj Mahal should beproperly treated before its discharge in the designated areas. Necessary steps shouldalso be taken to stop the bathing of buffalos/animals in the river Yamuna/water bodiesaround the Taj Mahal immediately.

Construction of Yamuna Barrage

45. The Committee observed that the situation of water in Agra was not good and that theYamuna behind the Taj Mahal had become dry. The Committee enquired about the steps takento improve the water supply in Agra and construction of Yamuna barrage.

The Committee was informed by the Chairman, TTZ Authority that Okhla barrage in Delhi wasbuilt by the British in 1874 to divert water for irrigation through Agra canal. Since thenYamuna had been dry in Agra. He further stated that the Minister of Irrigation, Governmentof UP had seen the same and announced that a small dam will be constructed at a smalldistance downstream the Taj Mahal to stop the water so that there could be a water poolingbehind the Taj. The Committee wondered as to how the Government of Uttar Pradesh intendedto have water flown to the periphery of the Taj Mahal.

46. The Committee is of the view that the Taj Mahal is losing its sheen because oflack of water body behind it. The Committee feels that construction of the AgraBarrage can permanently solve the water crisis of the city and also give a very scenicview of the Taj Mahal to the tourists. However, how and from where water will cometo Agra has to be explored. The Committee has been given to understand that nosurvey has been conducted so far to try to explore the potentialities of water in theregion. The Committee, therefore, recommends that a survey should be undertaken formapping the sources of water in the TTZ area at the earliest. The Committee alsorecommends that the Government should explore all probable options includingconsulting Union Ministries of Water Resources and Irrigation to devise a mechanism tohave water flown into at least in the periphery of Taj Mahal.

Pollution from Leather Factories

47. The Committee observed that leather factories were polluting the river Yamuna in Agraand desired to know the steps taken to contain the same. The Committee was informed by

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the UP pollution Control Board that there was only one tannery and that was equipped withEffluent Treatment Plant (ETP) and industrial effluent was not directly discharged into riverYamuna.

48. The Committee is of the view that leather tanneries have a huge polluting effect.Although the Committee has been informed that the only leather factory in Agra isequipped with Effluent Treatment Plant, the Committee suggests that Governmentshould ensure that the leather tannery at Agra does not have any adverse effect onriver Yamuna.

ROLE OF ARCHAEOLOGICAL SURVEY OF INDIA

49. The Committee also sought the comments of the Archaeological Survey of India on thefindings of the two scientists from Indian Institute of Technology, Kanpur. The Committee wasinformed by the Archaeological Survey of India that air pollution has always been a concernas far as conservation and preservation of the Taj Mahal is concerned. Since the setting upof Mathura Refinery, many scientific institutions including NEERI have carried out studies onthis aspect. The Mathura Refinery was set up in 1982. As a result of concerns from expertsand scientists regarding the possible emission of Air Pollutants and its impact on Monuments,a writ petition (C) No. 13381 of 1984 was filed by Shri M.C. Mehta in the Supreme Courtin 1984 against Union of India and was called for hearing by the Supreme Court. Since thena number of suitable measures have been taken to limit the pollution level in the vicinity of TajMahal. On January 19, 1998, the Hon’ble Supreme Court passed an order for setting ofcontinuous Ambient Air Quality Monitoring Station by ASI in the premises of Taj Mahal. Inpursuance of Hon’ble Supreme Court’s order dated 24th March 1998, the monitoring Stationwas shifted from North-West burj to North-East burj of Taj Mahal. At present three stationsare being run by the ASI, CPCB and the UPPCB respectively.

50. ASI further informed that some problems still persist due to operation of generator setsaround Taj Mahal during power cut. A cremation ground close to North West Burj of the TajMahal may also be responsible for pollution due to burning of Bio mass. Vehicle load aroundthe Taj Mahal may be considered another source of pollution.

51. News items and the related published article reported the outcome of the monitoringand studies conducted on the marble sample for two months. Deposition of Black carbon andBrown carbon along with dust may interfere with the refractive index of the clean polishedmarble surface due to their light absorbing properties but this is only a surface phenomenonand may be easily cleaned with regular intervention. As such, level of SPM and Dust pollutionmay vary from time to time depending upon the local climatic conditions and other parameters.Gaseous pollutants are under control. An air pollution monitoring lab is also monitoring theambient air quality and accordingly Northern Zone of Science Branch takes regular preventivemeasures to minimize the effects of dust pollution and higher SPM level on marble and otherbuilding materials. To achieve this objective, periodical cleaning is being carried out ondifferent structural members of the Taj Mahal using effective but safe methods. This minimizesthe possibility of chemical interaction of pollutants with building material. It has also beensubmitted that the cleaning method in practice effectively removes the superficial loose inert

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surface deposits. It may not be effective for the cleaning of hard crust or the encrustationsdeveloped on the marble due to chemical interactions or mineralogical transformations. SinceMarble is a hard stone having very low porosity, a preservative coat may not be effective toprotect the surface from the adverse effects of possible impact of air pollutants. However thisaspect is under consideration so that a safe yet effective preservative coating material may beidentified and evaluated for its use. Treatment of Main dome of the Taj Mahal is underconsideration.

52. The Committee desired to know from the Archaeological Survey of India as to whyafter spending so much of money, deposition of light absorbing particulate matter is causingsubstantial discolouration of the Taj Mahal. The Committee also asked Archeological Survey ofIndia to submit a report stating factual position with definite time lines regarding the scientificconservation of Taj Mahal. Thereafter the ASI forwarded an Action Plan to mitigate theyellowing of the marble of Taj Mahal (Annexure-III) which provides a phase-wise action planfor the scientific conservation of Taj Mahal.

53. When asked about the steps taken to reduce discolouration of Taj Mahal, the ASI statedthat they had installed Air Pollution Monitoring Station in the premises of Taj Mahal thatcontinuously monitors the ambient air quality in the vicinity of Taj Mahal and the effects ofpollution on Taj. ASI also undertakes cleaning of marble surfaces of Taj through chemicaltreatment of the façade using very safe conservation measures. At present, Clay Pack methodis being used very effectively to remove harmful surface deposits from the marble surface andto maintain the aesthetic beauty of the Taj Mahal. This method is considered very safe as itinvolves minimal use of chemicals and almost no mechanical efforts.

54. The Committee visited the Taj Mahal complex on the 11th April 2015. The Committeeobserved that damage had been caused to the Taj Mahal over a period of time. TheCommittee inspected the conservation work being carried out by Archaeological Survey ofIndia and was of the view that the repair/conservation work at the Taj Mahal was notsatisfactory. The Committee also observed that the interiors of the circular rings on theminarets had become dirty and turned blackish. Further, the interiors of the mausoleum,including the chambers of the inner dome and floral panels had become dirty and requiredscientific cleaning.

55. The Committee is of the view that increased pollution is taking a toll on theTaj Mahal. The sorry state of affairs at Taj Mahal clearly indicates that concernedauthorities have failed to devise a co-ordinated action plan to fully comply with theorders of the Supreme Court and to discharge their duties with regard to preservationof the Taj. Although some steps have been taken in this direction, a lot more needsto be done within a specified time frame. The Committee recommends that theArchaeological Survey of India should take urgent remedial measures for completionof works at the site. The Committee also recommends that the Archaeological Surveyof India should explore the possibility of utilizing the expertise of foreign experts, ifrequired, for the conservation/preservation of Taj Mahal. Further, the ArchaeologicalSurvey of India should prepare a holistic and comprehensive action plan for theprotection and conservation/preservation of Taj Mahal, to be implemented within atime bound manner.

CONCLUSION

56. The Committee is of the view that Taj Mahal is a symbol of India’s national prideand heritage and a multi-pronged strategy is required to address the challenge ofpreserving the pristine beauty of this world famous historic monument. TheCommittee, therefore, recommends that all concerned Central and State Governmentagencies and the public at large should come together and work in coordination witheach other to reduce the pollution level in TTZ and to ensure that the glory and beautyof Taj Mahal is restored not only for today but for years, decades and centuries to come.The Committee further recommends that the orders of the Hon’ble Supreme Court onwhole are faithfully implemented in letter and spirit and in case any clarifications/modifications are required with regard to the directions/orders issued by the Hon’bleSupreme Court, a suitable application for the same may be made before the Court.

57. The ASI has submitted an interim Action Plan for preservation of the Taj. TheAction Plan should be strictly implemented and a monthly progress report is submittedto the Ministry of Environment, Forest and Climate Change in this regard until all theactions proposed in the said plan have been fully implemented.

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RECOMMENDATIONS/OBSERVATIONS—AT A GLANCE

1. The Committee is aghast to note that no administrative setup has beenconstituted for TTZ Authority and as such no mechanism is available to implement thedecisions of the TTZ Authority. As admitted by TTZ Authority, for all practicalpurposes TTZ Authority is not functioning optimally as it consists of only memberswith no supporting staff. Further, no budget is allocated for proper functioning of TTZAuthority. The Committee is at a loss to understand as to how the TTZ Authority,created to monitor progress of the implementation of various schemes for protectionof the Taj Mahal and programmes for protection and improvement of the environmentin the said area, has been functioning since its creation in 1999. The Committee,therefore, recommends that Ministry of Environment, Forest and Climate Changeshould provide the necessary financial support, manpower and infrastructure to theTTZ Authority without any further delay, so that it is able to effectively discharge itsfunctions. (Para 9)

2 . The Committee takes note of the recent measures taken by the TTZ Authorityand its future plans to reduce pollution in the area to minimize its adverse effects onthe Taj MahaI. The Committee recommends that these measures should beimplemented in true spirit and within a specified time frame through an interactiveengagement between the State Government, Municipal and Central Governmentagencies. Effective steps should be taken by all the concerned authorities to ensurethat the future of Taj as a symbol of India’s cultural heritage is not hostage toenvironmental degradation. (Para 21)

3 . The Committee is of the view that planting trees is one of the most effectiveways to combat air pollution. Deforestation and cutting of trees plays havoc onenvironment. The Committee, therefore, recommends that massive afforestationexercise should be undertaken by the TTZ Authority, which is not an expensive affairbut can contribute a lot towards solving the problem of pollution plaguing the city of Taj.The TTZ Authority should also consider involving NGOs/local populace and private sectorin the afforestation activities. The concerned authorities should also consider plantingtrees on the sides of the Yamuna Expressway. The Committee also recommends that theUnion Ministry of Environment, Forest and Climate Change and the State Governmentshould devise a coordination mechanism and ensure massive afforestation and plantationactivities in the TTZ Area. (Para 24)

4 . The Committee observes that the State Government of Uttar Pradesh hasexpressed its inability to provide funds for management plan of improvement in airquality in TTZ. The Committee is of the view that a project of national importancesuch as Taj cannot be allowed to suffer due to shortage of funds/want of matchingcontribut ions by the State Government in providing the necessary f inancialassistance for the projects recommended by NEERI. The Committee feels that the

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Central Government should take the initiative to impress upon the Government ofUP to contribute its share for the implementation of the projects to the extentpossible and whatever shortfal l is there, should be provided by the CentralGovernment. (Para 28)

5 . The Committee feels that increased vehicular traffic in Agra is becoming a hugesource of pollution and is one of the factors adversely affecting the Taj Mahal. TheCommittee notes the steps taken by the Government to contain vehicular pollution andrecommends that measures taken should be implemented strictly to obviate anyrelaxation so that the beauty of the Taj could be saved. (Para 32)

6 . The Committee notes with concern the sources of industrial pollution in TTZArea, which have been adversely affecting the Taj Mahal. The Committee recommendsthat Government should look into the allegation of illegal expansion of factories whichwere emitting O2, sulpher and petro coke and did not comply to the pollution norms, inviolation of the orders of Supreme Court and take not only necessary punitive actionbut preventive measures too against such industries. The concerned authorities shouldalso ensure that air pollution control systems (APCS) are installed in these air pollutingunits. The Committee also recommends that the Government should not only encouragethe industries, including the petha and bangle units, to shift to designated areas but alsofacilitate their efforts to shift to new places. (Para 36)

7 . The Committee is of the view that use of DG sets in TTZ Area is one of themajor sources of air pollution, which has been adversely affecting the beauty of the Taj.The Committee recommends that the Government of Uttar Pradesh must make all outefforts to implement the direction of Hon’ble Supreme Court regarding 24-hour powersupply to the TTZ area so that the use of DG sets is avoided and its adverse impact onthe Taj Mahal be minimized. (Para 39)

8 . The Committee feels that by not fully implementing the Supreme Court directionof 24 hour electricity supply to the TTZ, the TTZ Authority was making itself liable forcontempt of Supreme Court. The TTZ Authority has also not sought any exemption fromthe Supreme Court in this regard. The Committee therefore, recommends that in orderto avoid contempt of Court, the TTZ Authority should approach the Supreme Court andhighlight the constraints in providing 24 hour power supply in TTZ areas and seek anamendment of the direction issued in this regard, till such time they are able to provide24 hour power supply in the area. (Para 40)

9 . The Committee is of the view the cremation ground close to the Taj Mahaladversely affects the Taj Mahal. The Committee recommends that there should be no letup in the efforts of the Government to shift the cremation ground and to make peopleunderstand to switch over to the electric crematorium to burn their dead in aneco-friendly manner to save the Taj from its adverse effects. (Para 42)

10. The Committee is of the view that degradation of Yamuna bed is quite evidentand is visible to the naked eye. The Committee is unhappy to note that not only the

21

capacity of the sewerage plants inadequate but some of these plants are not functioningto their full capacity or have to run on DG sets. The Committee recommends that stepsshould be taken to strengthen the management of solid and liquid municipal wasteinfrastructure in the Agra city. The Committee also recommends that the concernedauthorities should ensure that there is no dumping of solid or liquid waste from withinthe municipal limits of Agra into the Yamuna bed, without requisite treatment. Theeffluents related to waste water and sewage surrounding the Taj Mahal should beproperly treated before its discharge in the designated areas. Necessary steps should -also be taken to stop the bathing of buffalos/animals in the river Yamuna/water bodiesaround the Taj Mahal immediately. (Para 44)

11. The Committee is of the view that the Taj Mahal is losing its sheen because oflack of water body behind it. The Committee feels that construction of the Agra Barragecan permanently solve the water crisis of the city and also give a very scenic view ofthe Taj Mahal to the tourists. However, how and from where water will come to Agra hasto be explored. The Committee has been given to understand that no survey has beenconducted so far to try to explore the potentialities of water in the region. TheCommittee, therefore, recommends that a survey should be undertaken for mapping thesources of water in the TTZ area at the earliest. The Committee also recommends thatthe Government should explore all probable options including consulting UnionMinistries of Water Resources and Irrigation to devise a mechanism to have water flowninto at least in the periphery of Taj Mahal. (Para 46)

12. The Committee is of the view that leather tanneries have a huge polluting effect.Although the Committee has been informed that the only leather factory in Agra isequipped with Effluent Treatment Plant, the Committee suggests that Governmentshould ensure that the leather tannery at Agra does not have any adverse effect onriver Yamuna. (Para 48)

13. The Committee is of the view that increased pollution is taking a toll on the TajMahal. The sorry state of affairs at Taj Mahal clearly indicates that concernedauthorities have failed to devise a co-ordinated action plan to fully comply with theorders of the Supreme Court and to discharge their duties with regard to preservationof the Taj. Although some steps have been taken in this direction, a lot more needs tobe done within a specified time frame. The Committee recommends that theArchaeological Survey of India should take urgent remedial measures for completion ofworks at the site. The Committee also recommends that the Archaeological Survey ofIndia should explore the possibility of utilizing the expertise of foreign experts, ifrequired, for the conservation/preservation of Taj Mahal. Further, the ArchaeologicalSurvey of India should prepare a holistic and comprehensive action plan for theprotection and conservation/preservation of Taj Mahal, to be implemented within a timebound manner. (Para 55)

14. The Committee is of the view that Taj Mahal is a symbol of India’s nationalpride and heritage and a multi-pronged strategy is required to address the challengeof preserving the pristine beauty of this world famous historic monument. TheCommittee, therefore, recommends that all concerned Central and State Government

agencies and the public at large should come together and work in coordination witheach other to reduce the pollution level in TTZ and to ensure that the glory andbeauty of Taj Mahal is restored not only for today but for years, decades and centuriesto come. The Committee further recommends that the orders of the Hon’ble SupremeCourt on whole are faithfully implemented in letter and spirit and in case anyclarifications/modifications are required with regard to the directions/orders issued bythe Hon’ble Supreme Court, a suitable application for the same may be made beforethe Court. (Para 56)

15. The ASI has submitted an interim Action Plan for preservation of the Taj. TheAction Plan should be strictly implemented and a monthly progress report is submittedto the Ministry of Environment, Forest and Climate Change in this regard until all theactions proposed in the said plan have been fully implemented. (Para 57)

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MINUTES

VIISEVENTH MEETING

The Committee met at 11.00 A.M. on 10th January, 2015 in Committee Room ‘A’,Ground Floor, Parliament House Annexe, New Delhi.

MEMBERS PRESENT


RAJYA SABHA


3. Shri Ronald Sapa Tlau

LOK SABHA

4. Shri Prabhatsinh Pratapsinh Chauhan

5. Shri Ninong Ering

6. Dr. K. Gopal

7 . Shri Daddan Mishra

8 . Shri Harinarayan Rajbhar

9 . Shri Kirti Vardhan Singh


11. Shrimati Renuka Sinha



SECRETARIAT

Shri M.K. Khan, Joint Secretary



Representatives of the Ministry of Environment, Forests and Climate Change

1. Shri Ashok Lavasa, Secretary

2. Shri Susheel Kumar, Addl. Secretary

3. Shri Bishwanath Sinha, Joint Secretary

4. Shri V.N. Garg, Principal Secretary, Environment (UP)

5. Shri J.S. Yadav, Member Secretary, Uttar Pradesh Pollution control Board

6. Shri Sayyed Javed Abbas, Chairman, Uttar Pradesh Pollution control Board

7. Shri Pradeep Bhatnagar, Chairman, TTZ Authority

8 . Dr. A.B. Akolkar, Member Secretary, Central Pollution control Board.

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Representatives of the Archaeological Survey of India

1. Dr. Rakesh Tewari, Director General

2 . Dr. K.S. Rana, Joint Director General

2 . At the outset, Chairman of the Committee welcomed Secretary, Ministry ofEnvironment, Forests and Climate Change; DG, Archeological Survey of India; Chairman, TajTrapezium Zone Pollution (prevention and Control Authority); Chairman, UP Pollution ControlBoard (UPPCB) and other officers present in the meeting of the Committee. Thereafter, in hisopening remarks he underlined a recent study conducted by two scientists from IIT, Kanpur,which appeared in the Journal ‘Environmental Science and Technology of American ChemicalSociety’, wherein the discolouration of the Taj Mahal due to particulate carbon and dustdeposition generated from combustion of fossil fuel and biomass has been found. He asked theSecretary, Ministry of Environment, Forests and Climate Change to inform the Committeeabout the amount allocated under the head of environmental management in heritage and touristcentres including Taj protection together with the funds utilised during the Twelfth Five YearPlan. Then, he asked Chairman, UP Pollution Control Board to apprise the Committee of all themajor steps taken to reduce pollution in Agra in general and near Taj in particular. Chairman,Taj Trapezium Zone Authority was asked to brief the Committee whether the Authority wasfunctioning effectively and the budget allocated was sufficient. DG, Archeological Survey ofIndia (ASI) was asked to apprise the Committee about the conservation works undertaken atthe Taj together with the reasons for discolouration of the Taj Mahal despite spending so muchof money.

3 . Responding to the query of the Chairman, Secretary, Ministry of Environment, Forestsand Climate Change highlighted that the air quality in Agra and the surrounding areas was beingregularly monitored by different agencies including the Central Pollution Control Board, the ASIand UPPCB and the monitoring data was reported to the Supreme Court periodically. Regardingthe article appearing in the Journal, he told that the Ministry did not have an authentic versionof the article because it was not yet published. However, as reported in the media andconsidering the fact that the Archeological Survey of India (ASI) was associated with thatStudy, the ASI would take all corrective measures which were required to be taken.

4 . Thereafter, Chairman of the Taj Trapezium Zone (TTZ) made a Power Pointpresentation. During the presentation, one of the Members asked the effect of the river flowingbehind the Taj. Chairman, TTZ stated that it was causing problem because the water in theriver was highly polluted. Another Member desired to know whether infrastructure developmentactivities like development of green belt, etc. being undertaken around Taj Mahal were approvedby DG, ASI. The Chairman replied that developing green belt and such other infrastructurefacilities like laying of sewage lines, pipelines and water supply, etc. being essential services,does not require ASI approval.

5 . DG, ASI stated that dust particles on the surface of the Taj Mahal were being regularlycleaned with human intervention. As far as, the stone surface absorbing pollutants in theporous surface, more effective measures needed to be taken. Treatment of dome of Taj Mahalwas under consideration as there were some problems for raising scaffolding and load bearingcapacity of that portion was to be examined. He further added that the paper on discolouration

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of the Taj needed to be discussed by the scientists so as to arrive at a considered conclusionand take remedial measures accordingly.

6 . The Chairman observed that ASI being primarily responsible for maintaining the TajMahal in good order, needed to proactively work on this. He asked both the ASI and the TTZto give a specific note to the Committee within 2 to 3 weeks in consultation with the Ministryof Environment, Forests and Climate Change pointing out their assessment where we wereheaded for.

7 . One of the Members desired to know as to whether the cremation ground located closeto the Taj Mahal could be shifted from there. Chairman, TTZ responded by saying that it wasthere, for hundreds of years and to shift it from there was a sensitive issue. However, anelectrical crematorium had been built next to the cremation ground.

8 . Chairman asked the Secretary, Ministry of Environment, Forests and Climate Change asto whether a meeting regarding the expansion of new gas based industries and expansion ofproduction capacity of existing glass and other industries in the TTZ area was held on the 15thOctober, 2014. Additional Secretary admitted to have called a meeting in view of a lot of VIPreferences and complaints. Then, the Chairman drew the attention towards the fact recordedin the minutes of that meeting that pollution had increased, violations had occurred, industrieshad increased and the existing units had gone in for expansion. The Chairman also expressedhis concern over the fact that the Supreme Court orders of 1996 had not been implementedin a manner that would reduce pollution and remarked that this was the point of worry.

9 . The Committee decided to visit Agra to have first hand information on the pollutionmitigation measures taken by the concerned authorities and their effects, sometime in midFebruary, 2015. The Committee authorised Chairman of the Committee to seek necessarypermission from the Hon’ble Chairman, Rajya Sabha for the proposed visit and for interactionwith the State Government and other concerned authorities.

The meeting adjourned at 12.30 P.M.

XVIIIEIGHTEENTH MEETING

The Committee met at 3.00 P.M. on Friday, the 3rd July, 2015 in Committee Room ‘B’,Ground Floor, Parliament House Annexe, New Delhi.

MEMBERS PRESENT


RAJYA SABHA

2. Shri Prem Chand Gupta

3 . Shri Paul Manoj Pandian

4. Shri Arvind Kumar Singh


LOK SABHA

6. Shri Prabhatsinh Pratapshinh Chauhan

7. Shri Laxman Giluwa

8. Dr. K. Gopal

9 . Shri Daddan Mishra

10. Shri Nagendra Kumar Pradhan

11. Shri Harinarayan Rajbhar

12. Shri Kirti Vardhan Singh




SECRETARIAT

Shri M. K. Khan, Joint Secretary


Shri V. S. P. Singh, Joint Director


2. At the outset, the Chairman welcomed the Members of the Committee and informedthem that the meeting had been convened to consider and adopt the draft 262nd *** report

*** Relates to other matter.

28

on ‘Effects of Pollution on Taj’ *** to review various Acts administered by Ministry ofEnvironment, Forest and Climate Change respectively.

3 . After a brief discussion, the Committee adopted the 262nd report ***

4. * * *

5. * * *

6. The meeting of the Committee, then, adjourned at 4.05 P.M.

29

*** Relate to other matters.

ANNEXURES

ANNEXURE-I

The list of members of NGOs/Civil Society present in the meeting held on 10th April2015 with the Department-related Parliamentary Standing Committee on Science andTechnology, Environment and Forests at Agra.

1. Dr. R.S. Parikh, Agra Citizens Council

2 . Shri Raman, Member Monitoring Committee (Supreme Court)

3 . Shri Kishan Chand Jain, Agra Development Foundation

4. Dr. Ranjna Bansal, Agra Development Foundation

5. Shri Rakesh Garg, Agra Development Foundation

6. Shri Rajeev Narain, Joint Secretary, SPHEEHA, Agra

7. Prof. Rohit Srivastav, SPHEEHA, Agra

8. Piof. Sant Prakash, SPHEEHA, Agra

9. Shri Prem Prashant, Vice President, SPHEEHA

10. Shri Bhuvesh Agarwal, National Chamber of Industry and Commerce (NCIC), U.P., Agra

11. Shri C.J. Thapar, President, Agra Mandal Vyapar Sangh, (AMVS), Agra

12. Shri Amar Gupta, NCIC, Agra

13. Shri Rajesh Goyal, Vice President, NCIC

14. Shri Narinder Singh, Pollution Chairman, AMVS & NCIC

15. Shri Manoj Bansal, NCIC & AMVS

16. Shri Govind Agarwal, AMVS

17. Shri Parsa,

18. Shri Ravi Singh

33

ANNEXURE-II

RAMAN

Member, Monitoring Committee (S. C.)M.A., A.M.B.IF., M.IIF., D.S.S.M.No.9837.572388

Date: 10.04.2015

Before Hon’ble Parliamentry Committee,

Camp Agra

It is submitted that TTZ and TTZ authority were basically formed 10 protect Taj fromair pol1ution and to protect and improve total environment in TTZ area. .

Inspite of all efforts by Hon’ble Supreme Court and Government of India schemes forimprovement could not be executed for want of Following basic requirements:-

1 . Non availability of secretariat and required officers, engineers, scientists andstaff. The TTZ authority may be created on the lines or Noida and GreaterNoida for tourism industry.

2 . Non availability of budget for TTZ.

3 . Central allocation for TTZ is lapsing for want of matching budgetary provisionsby the State.

4 . Non availabili ty of actual basic data with various departments andcomprehensive planning.

For Example

(a) Currently the largest air polluting source is heavy and unregulated haphazard traffic,increasing every day without any scientific basic data, study and planning.Unfortunately this problem is increasing by leaps and bounds. On the contrary schemeshave been executed which arc making the traffic problem of Agra irrevocable, forexample large buses are being plied irrespective of width of roads and inability toremove temporary and permanent encroachments. This also help in creating anatmosphere for traffic which will be congenial for increasing tourism in Agra, astourism is the only possibility for development and employment for the local people asindustries have been banned in the TTZ.

23/173, Motilal Nehru Road,AGRA-282004

34

In a study done by Sh. Sanjeev K. S. Yadav a Lecturer of HBTI Kanpur on air pollutionin and around Taj Mahal recommended limiting the entry of heavy vehicle in the districtand increasing the green belt around Taj from 12 km. to 20 km.

(b) Drinking water and Yamuna

The condition of and quality of water in Yamuna is well known to Central PollutionControl Board, U.P. Pollution Control Board, Irrigation Department and Agra NagarNigam. The quantity of water degrees inspite of quality of Yamuna water being unfitfor human consumption unless it is treated by latest sophisticated technology likeMBBR. The difficulty increases with the summer.

If above issues are taken proper care after proper detailed study, as some or them havealso been recommended by NEERI, Nagpur in its ENVIRONMENT MANAGEMENT PLAN forTTZ prepared in 2013. Air pollution and total atmosphere and environment can be improvedkeeping in view Taj in centre of the focus to develop tourism as the potential employmentprovider for the local residents, who have been denied employment by closing lot of cottagesmall industries such as foundrics, engineering, diesel engine etc.

By providing TTZ authority with proper facilities physical results on ground can beachieved and will improve environment, law and order situation, traffic, drinking water, solidwaste and Yamuna as only source of drinking water.

A small committee may be appointed to verify the above facts from the documents andfiles of TTZ for proper studies and execution, even Hon’able Supreme Court can also beapproached, as the TTZ matter is being regularly looked after by Hon’ able Court which hasshown its displeasure on the pace and quality of work being executed in TTZ area.

Being a senior citizen and environmental activist at Agra apart from being a member ofthe Monitorting Committee appointed by Hon’ble Supreme Court and also being associated withthe TTZ authority I will be failing in my duty if I do not bring these issues before the Hon’bleParliamentry Committee.

Sd/-

RAMAN

FINAL REPORT

COMPREHENSIVE ENVIRONMENTAL MANAGEMENT PLAN (CEMP)FOR TAJ TRAPEZIUM ZONE (TTZ) AREA

Sponsor

Agra Development Authority (ADA)AGRA

CSIR-National Environmental EngineeringResearch Institute (NEERI), Nehru Marg,

Nagpur-440 020 (INDIA)

36

December,2013

Shifting of industries in Agra– Dairies, petha

Shifting of industries in Agra– Tannery, electroplating and leather

Establishment of new industrial estate at Firozabad

Based on the analysis of secondary data, it is felt that solid waste management problemis one of the major issues emerging out due to the activities of industries. Uncontrolleddisposal of waste is likely to affect health, environment and aesthetics. Other towns under TTZare lagging behind in developing appropriate MSW management system. Though the task ofimprovement has been initiated through various proposals under different schemes (JNNURMetc.), the development is in preliminary stage in these towns Quality of SWM service is lowin some parts of Agra also. Biomedical waste management is another aspect which needs moreimprovement in Agra, Firozabad, Fatepur-Sikri, Mathura and Bharatpur.

6.5 Suggested Administrative Mechanism for Effective and Efficient Functioning ofTTZ Authority

For effective functioning, execution and monitoring of various schemes for theconservation of Taj Mahal, a secretariat for the TTZ Authority is suggested as per the detailsgiven below:

(i) Structure of TTZ Authority : There shall be secretariat, chaired by theCommissioner, Agra Division, Agra assisted by a Member Secretary not belowthe rank of officer of any cadre (IAS/IFS) with supporting staff and anindependent office. Necessary annual budgetary provision shall be madeavailable for the functioning of the officers and the staff of this secretariat.

(ii) Function of the Secretariat : Member Secretary of the Authority shall coordinateall the official meeting/inspection/monitoring after approval from the Chairmanof the TTZ Authority/Commissioner, Agra.

(iii) Objective of the Authority: Implementation of the orders of the Hon’bleSupreme Court of India passed from time to time in various writ petitions andmonitoring on regular basis and submission of report before the Supreme Courtthrough Amicus Curiae, as and when required.

(iv) Funding of the Authority: Annual budgetary provisions for the officialfunctioning of the TTZ will be carried out by the State of Uttar Pradesh. Thefunding can also be generated/realized as penalty from the agencies violating theorder of the Supreme Court of India with respect to TTZ Authority. Theinterest accrued form the penalties imposed by the Court can to be utilized forsmooth functioning of the TTZ Authority. This may reduce the budgetaryburden of the State.

(v) Since Agra is the most important tourist destination of the country, it needsurgent attention of the executives of the State as well as Central GovernmentThere needs to be two tier Committees – one at Government of India level andsecond at the level of State of Uttar Pradesh it is important because all the

37

38

development activities are not only of serious concern by also are being closelymonitored by the Apex Court of the country

Central Government should constitute a Monitoring Committee under theChairmanship of the Cabinet Secretary, Government of India, withSecretary of Forests and Environment, Planning Commission, WaterResources, Tourism, Expenditure/Finance Central Water Commission,Surface Transport, Chairman, CPCB and Chief Secretary, Governmentof Uttrar Pradesh as members. This Committee shall annually decide onthe recommendations of the Standing Committee for providing allsupport – technical, financial and administrative, as desired by theStanding Committee. An Annual Report may be placed by the TTZAuthority on the progress made by both Committees

Similarly, Government of Uttar Pradesh should constitute anotherCommittee called the Standing Committee under Chairmanship of theChief Secretary of the State assisted by Planning, PWD, Irrigation, DG,Tourism and Commissioner Agra (as Member Secretary) TTZ Authorityafter detailed consultation with local people and their needs whilepreserving the glory of TAJ shall formulate the Five Year Plan under theambit of EMP for future course of action and submit before theStanding Committee of the State. After detailed deliberations on theproposed action plan this Committee shall suggest appropriate financialprovision and facilitate administrative support for execution in true spiritRecommendations of this Committee should be sent to the CentralMonitoring Committee and placed before Supreme Court through theAmicus Curiae.

(vi) All developmental planning in TTZ areas should be in coherence with the Master Planof the concerned area and EMP (Environmental Management Plan)

39

Agra Development Foundation“SGI Tower”, 500 Mtrs. from Bhagwan Takies towards

Regd. Office Agra- Mathura Highway (NH-2), Agra -282002.Phone: 0562-2522442, 2526758, Fax: 0562-2850274

Hon’ble ChairmanParliamentary Committee of Environment

Hon’ble Sir,

The directions given by the Hon’ble Supreme Court in order dated13.02.2006 in IA No. 387 & 389,390 passed in CMWP No 13381 of 1984 stillawait for implementation and particularly about tapping of two Nalas namely,Nala Mantola and Shamshan Nala.

Suitable directions to the concerned authorities may given forcompliance of the above directions dated 13.02.2006 of the Hon’ble SupremeCourt for protection of the monuments and for improvement of theenvironment.

Submitted

For Agra Development Foundation

Sd/- Sd/-

KC JainSecretary

40

Report of the Committee constituted by the Hon’bleSupreme Court for eco-restoration of the area

disturbed by reason of the constructionsmade pursuant to the Taj Heritage

Corridor Project

In Compliance with the order of Hon’ble Supreme Court datedDecember 5, 2005 in IAs 387 and 389-390 in Writ Petition

(Civil) No. 13381 of 1984

February, 2006

41

BACKGROUND

On December 5, 2005 the Hon’ble Supreme Court issued the following order in IAs387,389 and 390 in CMWP 13381/1984;

For the purpose of facilitating the rehabilitation of the area which was disturbed byreason of the constructions made pursuant to the Taj Heritage Corridor Project, we set up aCommittee which shall consist of following members:

(a) Mr. Krishan Mahajan, Advocate, Supreme Court of India,

(b) Dr. R. C. Trivedi, Scientist, Central Pollution Control Board;

(c) Representative of the Ministry of Environment and Forests,

(d) The Superintendent, Archeological Survey of India, Agra Circle; and

(e) An Expert to be nominated by the Central Pollution Control Board

The Ministry of Environment and Forests as well as the Central Pollution Control Boardshall name their representative to be member of the Committee, within a week from date.

The Committee shall submit a report in respect of the following matters:

(i) Removal of the debris; and

(ii) Taking of further steps to ensure that the maximum protection is given to theenvironment in and around the Taj, including the cost of removal of debris andthe embankment, if necessary.

It is made clear that at the outset the Committee will note in detail the present statusof the environment including the steps taken for the construction of the Taj Heritage Corridorand in particular take an inventory of the debris.

The expenses of the Committee shall be met by the Ministry of Culture.

The Committee will submit its report within a period of eight weeks from the date ofits constitution.

THE COMMITTEE

Pursuant to the above order of the Hon’ble Court, following Members were nominatedby various Departments:

(1) Nomination from Ministry of Environment: Dr. (Mrs.) Saroj, Additional Director,MoEF, New Delhi

(2) Nomination from Central Pollution Control Board: Dr. C. S. Sharma, SeniorScientist, Central Pollution Control Board, Delhi

(3) Archaeological Survey of India: Dr. D. Dayalan, Superintending Archaeologist,Agra Circle

42

In order to assess the quantum of work done and the existing status of the disturbedarea, the Committee met on December 28, 2005, the Chairman & Managing Director, NationalProjects Construction Corporation (NPCC) and his concerned officers to examine the ProjectReports, Drawings and other related documents at their Faridabad Office. The Committeecarried out on December 29, 2005, a detailed survey of the disturbed area by physicallyverifying on its own the entire stretch of Components A and B that is beginning from behindthe Agra Fort till the end of the Shamshan Ghat adjacent to the Taj and from Rambagh toJagdamba College. Dr. (Mrs.) Saroj, MoEF was unable to join the Committee on this visit. TheCommittee had further meetings in Delhi on January 9, 23 and 27, 2006.

The Jan 9 meeting was held with the Experts from Central Water & Power ResearchStation, Khadakvasla, Pune and 61T, Roorkee, Dr. M. K. Pawarand Prof. Arun Kumarrespectively. This meeting was held in the presence of the technical experts of NPCC. The zepmao+ve findings and plans arising from the field visit of the Committee were discussed withthese technical experts. Dr. Pawar gave a presentation of the methodology and the model usedfor assessing the effect on the,concerned monuments, of the constructions carried out in thedisturbed area under the Taj Heritage Corridor Project. The Committee members Dr. Miss Sarojfrom the Union Environment Ministry and Mr. Dayalan from the ASI, Agra, were presentthroughout this meeting which elicited the response from the technical experts concerning thefield study findings.

The possible alternatives and options for eco-restoration of the disturbed area werediscussed on Jan 23 and 27, 2006 in the context of the Jan 9 responses of the technicalexperts. In these two meetings Dr. Dayalan of the ASN, Agra could not be present. Thesemeetings also included discussions with the concerned NPCC officials.

In the light of all these inputs the Committee is presenting this report on the presentstatus of the environment of the disturbed area including an inventory of the constructionworks done in this area/the steps taken for the construction of the Taj Heritage Corridor andits recommendations in respect of the removal of debris as also taking of further steps toensure the maximum protection to the environment in and around the Taj. The Committee hasalso tried to estimate the costs which must necessarily be finally determined by the actualexecuting agency on the basis of a precise calculation of the work involved.

PRESENT STATUS

On reaching Agra the Committee held a detailed meeting with Dr. D. Dayalan,Superintending Archaeologist, ASl, Agra Circle. After a detailed discussion and examination ofliterature concerning the Taj, the Committee started on its field visit from behind the Agra Fort,near the Railway Bridge. The Committee undertook an extensive survey of the work alreadydone in what has been called in the project as Component A. The Components of the Projectare shown in Fig. 1 and the Layout is shown in Fig. 2. The Committee observed that:

COMPONENT ‘A’

(i) A reinforced concrete path resting on pillars sunk into the river bed parallel tothe River Yamuna from Agra Water Works almost upto Railway Bridge atBelanganj. The structure is incomplete. No one was able to tell us as to why

43

this structure had been constructed. A photograph of the concrete structure asit existed two years ago and the photograph showing its current status ofovergrown weeds and shrubs is annexed as Fig. 3 and Fig. 4 respectively.

(ii) A red stone wall of about 1.45 km length and approx. 1 metre height had beenconstructed parallel to the river bed for making an embankment. This red stonewall had then been divided by slanting concrete walls sloping towards the riverbed. The rectangles so formed had been filled with soil compacted and layeredwith red stones and cemented to hold these together. At the end of the slopingrectangles filled with stones a wall (toewall) had been constructed. The toewallis useful in two ways. It holds the end of the sloping embedded material. It alsoprotects this materia! from the river’s water. The photographs showing therectangles with the embedded stones and the toewall are annexed as Figs. 5 and6 respectively.

(iii) This raised land on which the above construction has been done is nowsomewhat stabilized with the natural growth of a large number of bushes shrubs andpatchy grass. This is shown by the photograph annexed as Fig. 7 and Fig. 5.

(iv) The stone embankment is incomplete at some places. Stacks of stones used inthe construction works are vying on the riverbed. This is shown by thephotograph annexed as Fig. 9 and 9A.

(v) This entire construction had been done on the river bed which had been raisedby filling and compacting soil to a height of about 3 to 5 mtrs. The entire soilfor the filling has been dug and relocated from the river bed. This can be seenfrom the photograph annexed as Fig. 10.

(vi) At some places rain and run off water has cut the filled up land and formedgullies. Hence a portion of the filled in soil has been washed back to the river.In the process at some places the toewall has disappeared.

(vii) The Committee estimated the approximate quantities of major items constructionmaterial, which is as below:

Approximate Quantities of Major Items of Construction Material Used

Sl. No. Item Component ‘A’

1. Earth work in filling 18,50,000 M3

2. Stone work for embankment 40,000 M3

3. Hume Pipe work 300 running mtrs.

4 . Plain cement concrete 2,000 M3

WORK UNDERTAKEN NEAR SHAMSHAN GHAT

The Committee undertook survey of the construction work done in Component A nearthe Shamshan Ghat. The observations are:

44

(i) The red stone wall extends till the Shamshan Ghat Stairs.

(ii) Daily cremation is done with wood of a large number of dead bodies generatinglarge amount of smoke in very close vicinity of Taj Mahal. Taj Mahal is about100m east from Shamshan Ghat. A photograph showing the smoke is annexedas Fig. 11.

(iii) It is ironic that while use of coal has been banned; foundries and brick kilnsusing coal have been shifted or closed down and air pollution by traffic hasbeen monitored and controlled by this Hon’ble Court, the authorities havequietly permitted the burning of wood in the immediate vicinity of the Taj.

(iv) The Electric crematorium developed adjcent to Shamshan Ghat is not operatedbecause of irregular electricity supply.

COMPONENT ‘B’

The Committee undertook survey of the work already done in what has been called inthe project as Component B. The observations are as below:

(i) The earth work at Component B head been done at about 13 km upstream ofRoad Bridge and stretched upto Jagdamba College about 2.3 km upstream ofRambagh Road bridge. A photograph showing this is annexed as Fig. 12.

(ii) The length of the earthen work measured along the river is 0.55 km, maximumwidth of earthen work undertaken is about 50m and maximum depth observedis about 2.5 mtrs from the river bed.

(iii) The earthen work had been undertaken in the form of a long strip, tapered onboth the ends.

(iv) The total area of the earthen work is estimated at 6.23 hectare (15.4 acres).The filling of the construction work done has not been compacted at this site.

(v) A private college, Jagdamba Degree College is under construction and expansionon the filled up land of the river bed. The Committee caught an earthmover andloader being operated on behalf of the college to steal the soil from the raisedriverbed formed by filling of soil under the Taj Heritage corridor project. Therough calculation of the mud stolen by the College is about 50,000 m3.

(vi) The Committee summoned the owner cum manager of Jagdamba College Sh.Chander Pal Sharma. He was asked to stop stealing this public property. Hecould not explain the extensive constructions made by him both below thelevel of the river on and around the river. He could not show any legaldocument of title to the land occupied by him. These constructions willhamper eco-restoration work. Hence it seems essential that an order be passeddirecting the Agra Revenue and Police authorities to ensure immediatestoppage of such illegal encroachment and constructions after demarcatingclearly the river bed. Two photographs showing this are annexed as Figs. 13and 14 respectively.

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(vii) The Committee estimated the approximated quantities of major items ofconstruction at Component B as below:

Approximate quantities of major items of construction material used

Sl. No. Item Component ‘B’

1 . Earth Work in filling 4,00,000 M3

2. Stone work for embankment 5,000 M3

3. Hume pipe work Nil

4 . Plain cement concrete Nil

The existing construction work in the disturbed area should not be undone.Consequently, there is no question of any large scale removal of debris. This is recommendedfor the following reasons:

The mathematical modeling studies undertaken by CWPRS based on satellitedata from year 1989 to 2003 and supported by soil data and field observationindicate that the influence of construction work, Component ‘A’ on river flowfield is only local and the effect is dissipated before the river reaches Taj Mahal.At Taj, the hydraulic effect is negligible. The Component B did not show anyimpact on flow field at site itself or in the reach immediately downstream. Thetechnical expert from the CWPRS as also the expert from lIT Roorkeeconcurred with this.

From River Hydraulic view point, the earth work so far carried out as part ofTaj Corridor Project will not have any significant impact on the Taj Mahalmonument and surrounding environment, since the alteration in river conditionseven at highest flood level is not very significant All the technical experts areunanimous on this.

The Committee after studying the project documents, Technical Reports,Records as well as discussion and consultation with river hydrology experts andactual visit of the sites concluded that large scale undoing of the earthworkcarried out under the Taj Heritage Corridor Project will further createenvironmental problems. Undoing of the huge amount of construction work willamount to large scale uprooting of the stabilized soil by digging and demolitionof the concrete structures. This work will necessitate the use of diesel runmachines for several months. Consequently this will be a self defeating remedyfrom the environmental and ecological viewpoint as large scale air, water, noisepollution will inevitably be generated in the immediate vicinity of the protectedmonuments.

The undoing activity may loosen the soil and thus the soil becomes prone toerosion, which might have an effect on the Taj that cannot be predicted.

Consequently there is need to observe the precautionary principle. There is alsothe question of salvaging the public money spent in the public interest.

46

2. The entire disturbed area in Component A and B should be converted into a dense

green belt and a rain harvesting system with absolute minimal construction relating to these

activities. This entire work should be under the control and suspension of the ASI which has

already gained experience in implementing the court orders concerning the creation and

maintenance of Mehtab Bagh on the basis of historical documents and principles of aesthetics.

Needless to say the entire green area of Component A should be declared to be a part of the

protected monuments of the Taj and Agra Fort. The whole green area will be an integrated

complex having only walking mud tracks. This will clearly demarcate the walking area and

thereby prohibit and protect the rest of the green area. The environmental benefits of this are:

3 . Excellent protection to the protected monuments from air and water pollution.

Beneficial effects for the health of the people in Agra since the green belt will act

as a sink for pollutants and thereby provide a’ green lung to the entire area.

Microbial growth in the soil due to the greening will help in filtering the pollutants.

Conservation of rain water by enhancing percolation and thus recharging the

groundwater acquifiers in a water scarce and saline water area.

Provides adequate ecological habitat for wildlife: Leaf litter is the base food source

for many stream ecosystem; green belt also provides woody debris that creates

cover and habitat structure for aquatic insects and other fauna.

Preserves important terrestrial habitat; Riparian corridors are important transition

zones, rich in biological species.

Essential habitat for amphibians: Amphibians require both aquatic and terrestrial habitats

and are dependent on riparian environments to complete their life cycle.

Increased scenic beauty around heritage monuments as a visual delight of serenity.

Protection against soil erosion near the monuments. The roots of trees, planted

after taking into account the visual, aesthetic and historical aspects, consolidate the

soils of the disturbed area.

Natural landscaping will help in absorbing flood water during high flow condition

in river.

4 . Alternative facilities for the villagers in the villages surrounding the monument for

watering their cattle, washing, bathing and public toilets. At present the villagers use the river

and river bed near the monuments for these purposes. If this is not done then the green belt

and green cover will be endangered seriousy,

5 . Eco-restoration of Component-A mandatorily requires the trapping of the major

drain called the Mantola Nala and of the smaller drain flowing from the Taj Western Gate

to the Shamshan Ghat. The phasing and prioritization of the entire greening project depends

on the time schedule for the trapping and treatment of the waste water in these drains.

Since the major drain called the Mantola drain cuts through Component A, it is essential

47

that this drain be properly managed. Similarly the small drain in Component B needs to be

lined so that the drain does not widen. This must be assured from the starting point of

the drain.

6 . The cremations done with wood need to be immediately shifted to another site while

simultaneously ensuring full operation of the electric crematorium.

7 . The unanimous view of all the technical experts is that the greening of Components

A and B in the disturbed area has to be done together.

8 . In the light of past experience the entire greening project should be under the

monitoring of this Hon’ble Court.

9 . Solar lighting of this river front development in Component A and B.

10. Immediate demarcation of the river bed and its protection from encroachment,

occupation and building activity or any activity adverse to the river bank and the monuments

on its bank. This should be done by the local revenue authorities in consultation with ASI.

COST ESTIMATION OF ECO-RESTORATION

Development of green belt on about 20 ha area on Component A and about 6

ha. on Component B. The estimated cost of development of green belt on one

ha. of land including plantation, watering, nourishment and protection = R1.5

lakh per hectare. Therefore for development of green belt on site A and site B

(total area 20 + 6 ha = 26 ha) will be 26x1.5 = R39 lakhs. This is based on

the estimated cost of R90,000/hectare as approved by this Hon’ble Court about

10 year ago while ordering the development of the green belt under the auspices

of the Monitoring Committee of this Hon’ble Court and cost escalation in the

past ten years.

Estimated cost of establishment of rain water harvesting system with the help

of Central Ground Water Board will be approx. R10.0 lakhs.

Estimated cost of completion of incomplete work of bank protection on

Component A will be approx. R5.00 crores. Since there is no construction in

Component B, the disturbed area should be simply greened.

Estimated cost of management of Mantola Nala in Component A@ R1.00 crore/

million litre per day flow (mid) for about 35 mid of wastewater flowing in the

drain would be around = R35.00 crores. The estimated cost for the second Nala

in Component A would be around 2 crores. The cost estimate does not include

cost of speedy land acquisition, efficient running and regular maintenance with

monitoring to ensure all these.

Implementation of solar lighting system. This should be done according to

international norms for river front development involving protected monuments.

The actual cost estimates will be done by Ministry of Non Conventional Energy,

Government of India.

Total cost of eco-restoration = RRRRR42.5 crores approx.

Krishan Mahajan Dr. D. Dayalan Dr. (Mrs.) SarojAmicus Curie Superintending Archaeologist Additional Director

Dr. Ramesh C. Trivedi Dr. C.S. SharmaAdditional Director Senior Scientist

Copy of Order passed by the Hon’ble Supreme Court on 13.2.2006 inI.As. No. 387 and 389-390 in CMWP 13381/1984

The recommendations made by the Committee appointed by this Court by its orderdated 5th December, 2005 are accepted and directed to be implemented. The ArchaeologicalSurvey of India will oversee the implementation of the project and will consider the report andsubmit to this Court within a period of two weeks as to the necessary project costs forimplementation of the project. List these applications after two weeks.

50

IN THE SUPREME COURT OF INDIA(Civil Original Jurisdiction)I.A. Nos. 387 and 389-390

IN

WRIT PETITION (C) No. 13381 of 1984

IN THE MATTER OF: M.C. MEHTA ............Petitioner

Versus

UNION OF INDIA AND OTHERS ..........Respondents

REPLY ON BEHALF OF THE ARCHAEOLOGICAL SURVEY OF INDIA

I, V. Bakshi, S/o Late Shri Gurdasmal Bakshi, aged about 55 years resident of 114-G,Sector-IV, Pushp Villar, New DeIhi-ll0017, do hereby solemnly affirm and state as under:-

1 . I am working as Assistant Director (Monuments), in the Archaeological Surveyof India, Government of India, having its office at 11, Janpath, NewDelhi-110011 and as such well conversant with the facts of the case from therecords maintained in the office and competent and authorised to file thepresent reply affidavit on behalf of the Archaeological Survey of India (ASI).

2 . That I am filing the present affidavit pursuant to the direction of this Hon’bleCourt dated 13.2.2006 directing the Archaeological Survey of India to respondto the recommendations of the Report of the Committee constituted by thisHon’ble Court dated 5th December, 2005 in order to look into the rehabilitationof the area which was disturbed by reason of the constructions made pursuantto the Taj Heritage Corridor Project.

3 . I submit that the Committee has recommended that the entire disturbed area inComponent A and B should be converted into dense green belt and a rainharvesting system with absolute minimal construction relating to these activities.This entire work should be under the control and supervision of the ASI whichhas already gained experience in implementing the court orders concerning thecreation and maintenance of Mehtab Bagh on the basis of historical documentsand principles of aesthetics. Needless to say the entire green area of ComponentA should be declared to be a part of the protected monuments of the Taj andAgra Fort. The whole green area will be an integrated complex having onlywalking mud tracks. This will clearly demarcate the walking area and therebyprohibit and protect the rest of the green area.

4 . I submit that the Report/Recommendation has been considered and it would bein the interest of the protected monument (Taj Mahal, Mehtab Bagh, Agra Fort,

50

51

Itmad-ud-daula, Chini-Ka-Roza and Ram Bagh) and the corridor that the area bedeveloped into a green area under the control and supervision of theArchaeological Survey of India.

5 . I submit that the recommendation for the present relate to Components A andB as depicted in fig. 1 of the Report.

6 . I submit that in the interest of the monuments particularly Taj Mahal, Agra Fortand Mehtab Bagh that the area falling ill Component A & B be converted intoa dense green belt with absolutely minimal constructions. The greening of thearea may be undertaken by the Ministry of Environment and Forest. Thereafterthe area may be handed over to the ASI for conservation and futuremaintenance. The Archaeological purvey of India would then be in a position toimplement the provisions of the Ancient Monuments and Archaeological Sitesand Remains Act, 1958 and the Ancient Mdnumets and Archaeological Sites andRemains Rules, 1959 as the same would prevent the activities that lead to themisuse/destruction of the area.

7 . I submit that the funds and technical manpower for converting the area into agarden/green belt should be provided for by the Ministry of Environment andForests as directed by this Hon’ble Court as funds for the development/environmental activities in the Taj Trapezium Zone (TTZ) has always beenprovided by the Ministry of Environment and Forest, Government of India.

8 . I submit that in the area to be developed as green belt in Component A, certainunused stones as seen in fig. 9 and 9A are lying stalked and needs to beremoved for which necessary permission be given to the Archaeological Surveyof India to get the same done.

9 . I submit that all along the river side on the revetment wall (embankments) thereare certain breaches/dislocations and same needs to be treated or got repairedwithout making any major reclamation/construction and necessary permissionfor getting the same done be granted.

10. I submit that there are two sewage lines passing through the said area ofComponent A which needs to be properly managed and unless the sewage linesis properly trapped and treated, it will adversely affect the area to be greened.For the said purpose the Central Pollution Control Board or any otherappropriate authority may be directed to manage the sewage lines after initiallytreating the sewage before it enters into the area comprising area of ComponentA at a proper distance from the monuments and from the corridor area.

11. I submit that Recommendation No.4 providing alternate facilities for thevillagers for watering their cattle, washing, bathing and public toilets as atpresent the villages use the river and the river bed near the monuments forthese purposes necessitates issuance of directions to the Agra DevelopmentAuthority and the State of Uttar Pradesh to take appropriate action at theearliest. If this is not done, the green. belt and green cover will be endangeredseriously.

51

52

I submit that the Archaeological Survey of India endorses the other recommendationsand prays for immediate directions from this Hon’bie Court to the concerned authorities toimplement the recommendations.

I state that what is stated herein above is true and correct.

DEPONENT

VERIFICATION:-

I, the above named Deponent do hereby verify that the contents of Paras 1 to 11 ofthe above Affidavit are true and correct based on the knowledge derived from the records ofthe case. Nothing material is concealed therefrom.

Verified at New Delhi on this the day of March, 2006.

DEPONENT

53



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fnukad 10-04-2015

54

Tele Mil : 2109 REGISTERED BY POSTStation Headquarters AgraPIN 900322C/O 56 APO

17546/Info Act/A 08 February 2013

Shri KC Jain, Advocate22/156, Motilal Nehru RoadAgra-4 (UP)

APPLICATION UNDER RIGHT TO INFORMATION ACT-2005SHRI KC JAIN

1. References:-

(a) Your application dated 18 Jan 2013 received at this HQ under RTI Cell, ADGAE, G-6 D-1 Wing, Sena Bhawan, Gate No 4 IHO of Mod (Army), New Delhi letterNo A/810027/RTI/4752/Tfr dated 06 Feb 2013.

(b) Our letter No 17546/Info Act/A dated 15 Jan 2013.

2 . Para-wise reply to your application is submitted here with:—

(a) Question No. 1. Yes, a part of Agra Fort is presently occupied by army.

(b) Question No. 2. Yes, military personnel live and cook their food there.

(c) Question No. 3. Army vehicles including few diesel vehicles enter the Armypart of the Arga Fort premises as on requirement basis.

(d) Question No. 4. There is no proposal initiated from Station Headquarters tovacate the military occupied areas of the Agra Fort. However further correspondenceon the subject if any required may be obtained from Ministry of Culture (ASI)

(e) Question No. 5. Ministry of Defence may please be approached directly forascertaining details.

(f) Question No. 6. Ministry of Defence/Ministry of Culture (ASI) may please beapproached directly for obtaining the correspondence.

3 . In case you feel your request to furnish the information has been repudiated, you areentitled to prefer an appeal in terns of 7(8) (ii) of RTI Act 2005 to the appellate Authoritywithin a period of 30 days at the following address:-

Station CommanderAppellate AuthorityStation HQAgra Cantt.- 232001 Sd/-

(SANJAY KAPOOR)Copy to:— ColonelRTI Cell Public Information OfficerADG AE For Appellate Authority

55

Dated: 18.1.2013

To,

The Public Information Officer,Ministry of Defence,Government of India, New Delhi.

Sub.: Information under S.6(1) of the RTI Act, 2005.

Sir,

The applicant shall be thankful if he is furnished the following information:–

1. Whether the Military is occupying a part of Agra Fort at Agra?

2. Whether the Military personnel live there and cook their food?

3. Whether the diesel vehicles enter in the Agra Fort precincts regularly?

4. Whether there is any proposal to vacate the military occupied area of the AgraFort and to hand over to the Ministry of Culture (ASI)?

5 . Whether any proposal to vacate the military occupied area of Agra Fort hasbeen received by the Ministry of Defence, if so, its details.

6 . Please also make us available the correspondence, if any, between the Ministryof Defence and the Ministry of Culture (ASI) concerning the vacation of themilitary occupied area of the Agra Fort.

The application fee of R10/- is being paid by enclosing herewith an Indian Postal Orderof R10/- bearing No. 13F 313316.

Thanking you,

Yours faithfully

Sd/-

(KC JAIN)Advocate

22/156, Motilal Nehru Road,Agra-4 (U.P.)



Hon’ble ChairmanParliamentary Committee of Environment

Hon’ble Sir,

The following significant direcrtions given in judgment dated 30.12.1996 inWrit No. 13381 of 1984 (MC Mehta v UOI) still remain to be implemented:—

Construction of Agra bypass to divert all the traffic which passes throughthe city Under construction of this Court, 24 Kms stretch of the bypass shallbe completed by the end of December 1996.

To ensure 100 per cent uninterrupted electricity to the TTZ. This is necessaryto stop the operation of generating sets which are major source of air pollutionin the TTZ.

The construction of Agra Barrage and water supply of Arga Barrage, have alsobeen undertaken on a time schedule basis to supply drinking water to theresidents of Agra and to bring life into River Yamuna which is next to the Taj(Court order dated 10.5.1996 and 30.08.1996).

Sanctioning separate allocation for the city of Agra and the creation of separatecell under the control of Central Government to safeguard and preserve the Taj,the city of Agra and other national heritage monuments in the TTZ.

Suitable directions to the concerned authorities may given for compliance of theabove directions of the Hon'ble supreme Court for protection of the monumentsand for improvement of the environment.

Submitted

For Agra Development Foundation

Sd/- Sd/-

KC JAINSecretary

Office Bearers

PRESIDENT VICE PRESIDENT GENERAL SECRETARY JOINT SECRETARY TREASURERMr. Puran Dawar Mr. Y.K. Gupta Mr. K.C. Jain Mr. Rakesh Garg Mr Chakresh JainPh. 0562-2642801 Ph. 0562-2526758 Ph. 0562-4000506 Ph. 0562-4004004 Ph. 0562-4054400

ToShri Ashwani Kumar,Hon’ble Chairman,Parliamentary Committee,Rajya Sabha Secretariat, Parliament House Annexe,New Delhi -110001,

Sub: Order/Directions of Hon’ble Supreme Court, MoEF&CC and TTZ Authority

Sir,

It is respectfully submitted as under:-

1. MoEF’s directions and affidavit dated 09.01.1996:-

On behalf of Ministry of Environment & Forests, Government of India, Shri N.R.Krishnan, the then Secretary, MoEF, Government of India, filed his affidavit dated 09.01.1996in the writ petition of M.C. Mehta No. 13381 of 1984:-

(i) The closed industries may be allowed to restart only at the locations outside theTaj Trapezium Zone and cannot be allowed within TTZ.

(ii) No new industry which may give rise to air pollution can be allowed to set upwithin the Taj Trapezium even if such an unit is to comply with the prescribedstandards.

(iii) No expansion can be allowed in the operating units in Taj Trapezium.

ESTD : 1949

NATIONAL CHAMBER OF INDUSTRIES & COMMERCE, U.P.

BHUVESH KUMAR AGARWAL RAJESH GOYAL AVNISH KAUSHAL SANJAY GOYALPRESIDENT VICE PRESIDENT VICE PRESIDENT TREASURER

(M) 9319206930 (M) 9319106205 (M) 9719701122 (M) 9319103243

NCIC/72/2015-16/38) 09 April, 2015

57

NEW MARKET, JEONI MANDI, AGRA-282 004 (INDIA) Ph. +91-562-2623552 TELE FAX: +91-562-2623550

E-mail : [email protected] Website: http://www.ncicagra.in

58

2. Judgment dated 30.12.1996 passed by Hon’ble Supreme Court:-

The relevant observations/directions passed by Hon‘ble Supreme Court, vide itsjudgment dated 30.12.1996, in writ petition No. 13381 of 1984, M.C. Mehta v/s. Union ofIndia and others, published in (1997)2 Supreme Court Cases 353 are as under:–

(i) Para 7, Page 359: Five Hundred Ten (510) polluting factories (except MathuraRefinery) were operating in TTZ in the year 1996.

(ii) Para 16, Page 368: “It is the primary duty of the Government of India, Ministryof Environment and Forests to safe guard Taj Mahal from getting deteriorated”.

(iii) Para 30, Page 381: “The objective behind this litigation is to stop the pollutionwhile encouraging development of industries.”

(iv) Para 33, Page 384: “The atmospheric pollution in TTZ has to be eliminated atany cost. Not even one per cent chance can be taken when—human life apart—the preservation of a prestigious monument like the Taj is involved.”

3. The admissions of concerned officers in the TTZA’s meeting:-

The Deputy Commissioner Industries, District Industries Centre, Firozabad, RegionalOfficer, U.P. Pollution Control Board, Firozabad and other concerned officers of TTZ, in theTTZ meeting dated 07.01.2915, admitted the following facts which were intentionally deniedearlier by District Magistrate, Firozabad in the MoEF&CC’s meeting dated 15.10.2014:—

As per the minutes dated 15.10.2014 of the meeting held under Chairmanship ofShri Sushil Kumar, Addl. Secretary, MoEF&CC, at New Delhi:-

Para 2.1 (iii) “DM Firozabad. said that no new air polluting glass industry has been allowedto be established in Firozabad and no new industry has been added to theindustries that existed at the time of 1996 Supreme Court order. He further saidthat as per DIC and UPPCB no expansion in the capacity has been allowed inthe existing air polluting glass industries, Firozabad DIC official said thatcapacity certification of units converting from coal to gas is done on the basisof recorded size of the coal based furnaces existed prior to conversion... CEO,LJPPCB said that they go by the capacity certification issued by DIC.”

As per minutes dated 07.01.2015 of the TTZ meeting held under Chairmanship ofShri Pradeep Bhatnagar, Agra Commissioner/Chairman of TTZ Authority:-

(i) Para-3(5&6) heading with Chairman’s permission: One Hundred Ninty Eight(198) glass factories located in TTZ area of Firozabad expanded their capacitiesand out of them 30 factories expanded their capacities more than 50% thantheir capacities of the year 1996. The production capacities of the glassindustries have crossed the limit of the year 1996.

(ii) Para 3(4), heading with Chairman’s permission: Nineteen (21-2 of Agra = 19)glass factories located in TTZ area of Firozabad which were out of 511 (list ofwhich was submitted by U.P.P.C.B. in M.C. Mehta’s writ before Hon’ble

59

Supreme Court) polluting industries of TTZ. Meaning thereby some of them arenewly established while some of them, which were closed in 1996, restarted in

TTZ.

(iv) Para 3(4), heading with Chairman’s permission: The air pollution has been

increased in TTZ area of Firozabad as air pollutants NOx and RSPM in TTZarea of Firozabad are found more than the standards notified for sensitive area.

(v) Para 1, heading with Chairman’s permission: Colour of Taj Mahal is foundbrownish yellow.

4. The decisions taken by TTZ Authority in its meeting dated 07.01.2015:-

(i) Para 3(4), heading ‘with Chairman’s permission: Regularized all

(a) capacities expansion of existing polluting industries, (b) restarting of closedpolluting industries and (c) new establishment of polluting industries done till

07.01.2015 in TTZ area of Firozabad.

(ii) Para 3(4), heading with Chairman’s permission: Regularized the capacities

expansion, done till 07.01.2015, of two (02) iron foundries of Agra which wereconverted into glass industries and shifted from Agra to Firozabad.

(iii) Para 3(3), heading with Chairman’s permission: Directed to maintain statusquo as on 0701.2015 i.e. the present increased air pollution in TTZ.

(iv) Para 3(4), heading with Chairman’s permission: Exercised unauthorizedpower in TTZ Authority to grant permission for capacities expansion of existing

polluting industries, for new establishment of polluting industries and for restartof closed industries in TTZ in future.

5. Conclusion: The TTZ Authority was empowered to those acts only which wereenvisaged under the TTZ Authority Pollution (Prevention and Contro1) Gazette of 1999. Clause

2(i) of the Gazette reads as under:–

“2(i). monitor progress of the implementation of various schemes for protection

of the Taj Mahal and programmes for protection and improvement of theenvironment in the above said area.”

From a bare perusal of the aforesaid Clause, it is evident that the TTZ Authority isempowered to protect and to improve the environment in TTZ. Meaning thereby TTZ Authority

is empowered to minimize the air pollution in TTZ and not to maintain status quo of theadmitted increased air pollution i.e. as on 07.01.2015. The TTZ Authority’s said direction ‘to

maintain current status quo i.e. as on 07.01.2015’ is firstly contrary to the directions of MoEFdated 04.04.2014 whereby the Commissioner Agra Chairman TTZ Authority was directed to

maintain status quo in TTZ of the year 1996 (i.e. date of Hon’ble Supreme Court’s Order) andsecondly it is a willful disobedience of the judgment dated 30.12.1996 whereby Hon’ble

Supreme Court directed to eliminate air pollution in TTZ at any cost while encouragingdevelopment of industries in TTZ.

60

6. Apart from above, there is no Clause in the aforesaid TTZ. A Gazette whereby TTZAuthority was empowered to regularize/to give permission for the capacities expansion ofpolluting industries etc. in TTZ by substituting/amending the directions issued by MoEFspecially when the Commissioner Agra/Chairman TTZ Authority was restrained for the same.

Action needs to be taken by MoEF/&CC

7. The TTZ Authority has not unfettered jurisdiction to issue any direction but underClause 3 of the TTZ. A Gazette, its powers and functions are subject to the overall supervisionand control of the Central Government. In view of the facts and circumstances when the TTZAuthority exceeded its jurisdiction or exercised such jurisdiction which was not vested in itthen MoEF should exercise its supervisory and controlling power because as per Hon’bleSupreme Court’s order “It is the primary duty of the Government of India, Ministry ofEnvironment and Forests to safe guard Taj Mahal from getting deteriorated.” The liabilityof MoEF cannot be relinquished by its silence. Hence, MoEF should modify the current datei.e. 07.01.2015 into 30.12.1996 (date of Supreme Court’s order) in the directions of the TTZAuthority which may be modified as under:–

(i) The capacities expansion in glass/other polluting industries, establishment/newglass other polluting industries and restart of closed glass/other pollutingindustries shall be recognized which were existed as on 30.12.1996 (bysubstituting ‘current date’ 07.01.2015 into 30.12.1996).

(ii) The capacities expansion in existing glass/other polluting industries,establishment of new glass/other polluting industries and restart of closedglass/other polluting industries shall not be allowed in future by deleting thewords ‘with prior permission of the TTZ Authority’.

Therefore, in view of the facts and circumstances as mentioned above, it isrespectfully requested to kindly take necessary action in respect of above so that the TajMahal, world heritage may be saved from air pollution caused by some illegal glass industriesin collusion with the concerned officers of TTZ.

Thanking you,

Yours faithfully,

Sd/-

(Bhuvesh Kr. Agarwal)

President

60

61

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62

-2-Ref. ................ Date...10.04.2015

"It may be true that in certaincommunications or pleading before the SupremeCourt the authorities may have observed that no newindustries or expansion of existing industries in theTTZ would be permitted, but now here in thejudgment of the Supreme Court has the same beenaccepted or mentioned that expansion of existingindustries or setting up of new industries orconversion of existing industries to use gas as fuel inthe TTZ would not be permitted. It may bementioned here that the question of setting up ofnew industries or expansion of the existing ones isnot a matter directly under consideration in thesewrit petitions. What is in dispute in the presentpetitions is the issue relating to supply of UPM orAPM gas, which in effect is the question relating topricing of the supply of natural gas in the TTZ.It may only be observed that neither theSupreme Court nor any order of the Government ofIndia has imposed any such ban on expansion orimposed any such ban on expansion or setting up of

new industries in the TTZ

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Address : 20/1, Vibhav Nagar, Firozabad -283203 (U.P.) E-Mail : [email protected].

63

-3-Ref. ................ Date...10.04.2015

;gka ds m|ksx dks cckZn djus ds fy, ;gka ds m|ksxksa dks 1996es a bdkb Z;k s a }kjk fufe Zr fd;s x;s] dk Wp dk s ghvk/kkj cukus dks iz;kl fd;k tk jgk gS tcfd bdkbZ;ksa dks 1996esa LFkkfir iykaV@e'khujh ,oa QusZ'k dh mRiknu {kerk ds vk/kkjij gh xSl miyC/k gSA fQjkstkckn esa izfro"kZ 500&600 djksM+dk gS.MhdzkQ~V vkbVeksa dk fu;kZr fd;k tkrk gSA 1200&1300djksM+ dk vizR;{k fu;kZr gksrk gS] ftlesa yk[kksa yksxksa dks jkstxkjfeyk gS rFkk Hkkjh ek=k esa fons'kh eqnzk izkIr gksrh gSA ysfdu blcMs xzqi }kjk fuxek ds "kM+;a=ks ds ek/;e ls bdkbZ;ksa dks mRiknudjus ,oa vk/kqfudhdj.k djus ls jksdus dk dqpdz pyk;k tk jgkgSA vk'p;Z dh ckr gS fd fgUnqLrku Xykl fy- lksukeh xzqi }kjkisV dksd tSls lLrs bZ/ku dk iz;ksx djds 5000 ,e- Vh- izfrfnudkWap dk mRiknu fd;k tkrk gSA egRoiw.kZ rF; ;g gS fd lksekuhxzqi dh lHkh QSfDV~;ka 'kr izfr'kr vkVksesfVd gSA ;gka Jfed vR;ar¼ux.;½ dk;Zjr gSaA¼layXud&2½

ns'k ds dqy dkap mRiknu dk 65 izfr'kr Xykl blh xzqi}kjk mRikfnr fd;k tkrk gS] tcfd iwjs m-iz- ,oa xqtjkr esa ns'kdk dqy 8 izfr'kr dkap gh mRikfnr fd;k tkrk gS] mlesa HkhfQjkstkckn ek= 2 izfr'kr dkap dk gh mRiknu dj ikrk gSA ;gkaewy:i ls y?kq vkS|ksfxd bdkbZ;ka gh gaSA tgka ekuuh; iz/kkuea=hth }kjk MAKE IN INDIA dk ukjk nsdj m|ksxksa dks c<+kus dkiz;kl fd;k tk jgk gS rFkk vkS|ksfxd fodkl esa vkM+s vk jgs iqjkus,oa vizklafxd dkuwu tks ns'k ds fodkl esa ck/kd gSa mudks lekIrdjus dh dk;Zokgh dh tk jgh gS] ogh ou ,oa i;kZoj.k ea=ky;ds dqN lykgdkj rFkk vf/kdkfj;ksa }kjk 5 ebZ 1983 ds ,dv)Z'kkldh; i= rFkk ekuuh; mPpre U;k;ky; esa fnukad30&12&1996 ds vkns'k ds iwoZ nkf[ky 'kiFk i= ds vk/kkj ijbdkbZ;ksa dh LFkkiuk ij jksd ,oa LFkkfir bdkbZ;ksa ds foLrkjhdj.kij jksd dh ckr dgh tkrh gS] tcfd ekuuh; mPpre U;k;ky;}kjk vius vkns'k esa 'kiFk i= dks ekU;rk gh ugha nh xbZ gS vkSju gh fQjkstkckn ds lanHkZ esa dqN fo'ks"k rkSj ij fu.khZr fd;k x;kgS] fQj Hkh ekuuh; mPpre U;k;ky; ds vkns'kksa dk iw.kZ ikyufd;k tk jgk gSA

&4&



64



-4-Ref. ................ Date.............

iznw"k.k Lrj ds lEcU/k esa dguk gS fd fQjkstkckn esaiznq"k.k 1996 dh rqyuk esa orZeku esa de gS] tks i;kZoj.k ea=ky;ds fu/kkZfjr ekudksa ds vUnj gSaA m-iz- iznw"k.k fu;a=.k cksMZ }kjkvius i= la[;k ,Q 46411 fnukad 21&07&2014 }kjkfQjkstkckn Xykl baMLV~ht dh okLrfod fLFkfr dsUnzh; iznw"k.kcksMZ ubZ fnYyh dks Hksth xbZ FkhA¼layXud&3½

vr% Jheku th ls vuqjks/k gS fd d`i;k fQjkstkckn dhXykl b.MLV~ht dks cpkus ds lEcU/k esa vko';d dk;Zokgh djsa]vU;Fkk yk[kksa Jfed csjkstxkj gks tk;sxsaA

izkFkZuk

vr% Jheku th ls izkFkZuk gS fd ekuuh; mPpreU;k;ky; ds vuqlkj fQjkstkckn ds rkt fV~isft;e {ks= esa bdkbZ;ksa}kjk ek=k uspqjy xSl dk gh iz;ksx fd;k tk jgk gS ,oa iznw"k.kds ekudksa dk vuqikyu dj bdkbZ;ksa dk lpkayu fd;k tk jgk gSA,slh fLFkfr esa bdkbZ;ksa ds lapkyu ,oa mRiku esa ck/kk mRiUu djusdk "kM;a=ks dks jksdk tk;sAlayXu & mijksDr

SSSs Sd/-

v/;{kizfrfyfi& Jh vjfoUn dqekj 'kekZ] la;qDr lfpo] iz/kkuea=hdk;kZy;] ubZ fnYyh egksn; dks lknj lwpukFkZ ,oa vko';ddk;Zokgh gsrq izsf"krA

65

dkap m|ksx ØaWkfrdkjh etnwj la?k] fQjkstkcknlEc) dk;kZy;

lsUVj vkWQ bf.M;u V~sM ;wfu;Ul egkohj uxj] xyh ua- 7fo/kku lHkk ekxZ] y[kuÅ & 226001 fQjkstkckn&283203

fnukad----------------------

lsok esa]ekuuh; v/;{k]i;kZoj.k lalnh; lfefr]ubZ fnYyhA

ekU;oj]dk ap m|k sx dz k a frdkjh etnwj l a?k] fQjk stkckn

¼lEc) lh-Vw-½ dh vksj ls vkidks voxr djk;k gS fd tuin fQjkstkcknesa dkap ,oa pwM+h m|ksx ds NksVs cM+s yxHkx 200 dkj[kkus lapkfyr gSaAtuin fQjkstkckn ns'k dh /kjksgj vkxjk ds rktegy vkjf{kr {ks= esavkus ds dkj.k ;gka dks;yk] iSV~ksdksd] rsy ,oa vU; bZ/ku tykus ls iznw"k.kij ekuuh; mPpre U;k;ky; ds vkns'kuqlkj igys ls gh izfrcaf/kr gaSAbl m|ksx esa izR;{k &viR;{k :i ls djhc 8 ls 10 yk[[email protected] viuh jksth&jksVh dh ¼vkthfodk½ ls tqM+s gq;s viusifjokjksa dk Hkj.k&iks"k.k dj gSaA tuin fQjkstkckn esa ijEijkxr :i ls125 o"kZ iqjkuk pwM+h dk xSl vk/kkfjr m|ksx gSA ftlds dkj.k ;g m|ksxiznw"k.k jfgr gS] bl iznw"k.k ds laca/k esa vkidks fuEufy[kr fcUnqvksa lsvoxr djk;k tkuk vfr vko';d gSaA

¼1½ dkap ,oa pwM+h m|ksx ls fQjkstkckn esa dksbZ iznw"k.k ugha gSAfQjkstkckn dh vis{kk vkxjk esa iznw"k.k vf/kd gSA fQjkstkckn esa iznw"k.kekud ls de gSA Hkkjr esa lcls vf/kd iznw"k.k fnYyh esa gSA

¼2½ HkkSxksfyd fLFkfr ds vuqlkj lky es de ls de 10 ekg if'peh¼iNqvk½ gok;sa pyrh gS] ftlls fQjkstkckn ls vkxjk dh vksj dksbZ Hkhiznw"k.k ugha igqWp ldrk gSA

¼3½ cjlkr ds nks ekg esa iwohZ gok;sa pyrh gS] ml le; iwjh rjgckfjl gksrh jgrh gSA ckfjl gksus ls fQjkstkckn ls vkxjk rd iznw"k.k ughaigqWp ldrk gSA

&2&

fnukad----------------------

&2&

¼4½ ekuuh; mPpre U;k;ky; ds vkns'kkuqlkj o"kZ 1996 ls iw.kZr%dks;y] rsy] iSV~ksdksd dks iw.kZr% izfrcfU/kr dj izkd`frd xSl vk/kkfjrdkap m|ksx lapkfyr gSA blfy, iznw"k.k dk iz'u gh ugha gSA

¼5½ vkxjk ds rFkkdfFkr dqN m|ksxksa ls tqM+s ykx lqukeh xzqi tksfd fQjkstkckn ds m|ksxksa ds mtkM+us gsrw reke gFkd.Msa viukrk jgrkgS] muds lkFk 'kkftlku dqN yksx fQjkstkckn ds dkap ,oa pwM+h m|ksxdks mtkM+dj tuin fQjkstkckn ds 8&10 yk[k Jfedksa dh jksth jksVhNhuuk pkgrs gaSA

blfy, vkils fouez izkFkZuk gS fd Jfedksa dh jksth&jksVh dsloky dks xaHkhjrk ls ysrs gq;s fdlh Hkh rjg ls dkap ,oa pwM+h m|ksxdks mtkM+us ls rRdky jksdk tk;] vU;Fkk yk[kksa Jfed lM+dkas ijmrjus dks foo'k gksaxsA

l/kU;oknA

gLrk@& gLrk@&¼uoy flgW ,MoksdsV½ ¼Hkwjhflag ;kno½izknsf'kd lfpo ea=hlh-vkbZ-Vh-;w- ¼m- iz-½jkT; dk;kZy; egkohj uxj]xyh ua&7] fQjkstkckn

dkap m|ksx ØWakfrdkjh etnwj la?k] fQjkstkcknlEc) dk;kZy;

lsUVj vkWQ bf.M;u V~sM ;wfu;Ul egkohj uxj] xyh ua- 7fo/kku lHkk ekxZ] y[kuÅ & 226001 Qhjkstkckn&283203

66

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70

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