No Blanket Nod To Establishment Or Expansion Of MSMEs In Taj Trapezium Zone Without Pollution Check: Supreme Court

The Supreme Court on Tuesday refused to grant blanket permission for the establishment or expansion of Micro, Small, and Medium Enterprises (MSMEs) in the Taj Trapezium Zone (TTZ) without assessing their potential for pollution.The Court observed in its order, “Unless TTZ Authority makes out a case for granting approval to a particular industry, such blanket prayer cannot be considered. Unless the Court is made aware whether the industry sought to be created is likely to create pollution, we cannot grant blanket permission.”A bench of Justice Abhay Oka and Justice Ujjal Bhuyan remarked that such permissions cannot be granted without specific information about the industries involved.Justice Oka stated, “We don't know whether these are polluting industries or non-polluting industries. Such blanket permission can never be granted. If you want specific permission to allow setting up of a particular industry, you must specify the industry and what that industry is going to do – whether it will cause pollution, whether it will not cause pollution. Such blanket permissions we cannot grant.”The Court was dealing with an interlocutory application (IA) filed by the TTZ Authority in the MC Mehta case concerning environmental issues in TTZ. The IA sought modification of the Court's order dated October 14, 2024, to allow setting up MSMEs in TTZ.On October 14, 2024, while considering the issue of industrial pollution within TTZ, the Court had directed the State Government to issue notices to 60 industries to remain represented before the Court. It had further directed that the TTZ Authority shall not permit the setting up or expansion of new industries without the Court's approval.ASG Aishwarya Bhati, representing the TTZ Authority, requested the Court to keep the matter pending, noting that the October 14, 2024, order was an interim measure. The Court kept the application pending for further consideration.The Court noted that all 60 industries had been served notices, and some had also filed counter affidavits. It directed industries that had not yet filed their counter affidavits to do so within 10 days. It also ordered that the copies of the filed affidavits be provided to Amicus Curiae Liz Matthew for review.Justice Oka indicated that the Court may order the Central Pollution Control Board to visit the industries to determine the extent of pollution caused by them.“Once all affidavits are there, we may even order the CPCB to visit all these factories and find out whether they are creating pollution. We are sure that they must be creating pollution, what is the extent of pollution”, he observed.In another IA filed by Uttar Pradesh Jal Nigam regarding desilting of Yamuna riverbed, the Court directed the Jal Nigam and the Agra Municipal Corporation to fully comply with its previous directions regarding the tapping of untapped and partially tapped drains in the TTZ.On November 25, 2024, the Court had ordered the immediate implementation of interim measures concerning the tapping of 38 untapped drains and 5 partially tapped drains. Compliance was to be reported within one month. Last month, the Court summoned the Managing Director of UP Jal Nigam for non-compliance with its order dated November 25, 2024.During the hearing, Additional Solicitor General KM Nataraj for UP Jal Nigam submitted that the Agra Municipal Corporation has to undertake the work, and an order should be passed accordingly.The Court observed that the Jal Nigam had claimed certain parts of the work must be handled by the Agra Municipal Corporation. Consequently, the Court directed both entities to ensure complete compliance with its November 25 order. Compliance affidavits must be submitted to the Court by April 21, 2025, with compliance reports due by April 15, 2025.Further, ASG Nataraj pointed out an IA indicating that UP Jal Nigam required clearance from the National Mission for Clean Ganga (NMCG) for expedited approval. The Court directed the NMCG to consider the application and grant necessary approvals to facilitate compliance with its order. For now, the presence of the Managing Director of UP Jal Nigam has been dispensed with.The Supreme Court also imposed a cost of Rs. 5 lakhs on the UP State Bridge Corporation for commencing a project and felling trees in the TTZ area without obtaining Court permission.As per an order dated May 8, 2015, no felling of trees within the TTZ area can take place without prior permission of the Supreme Court. The Court noted that the Corporation, as a public entity, was aware of its orders and yet proceeded without approval. It directed the Corporation to deposit the amount with the National Environmental Engineering Research Institute (NEERI) within one month.Case no. – Writ Petition (Civil) No. 13381/1984Case Title – MC Mehta v. Union of India & Ors. Click Here To Read/Download Order

No Blanket Nod To Establishment Or Expansion Of MSMEs In Taj Trapezium Zone Without Pollution Check: Supreme Court

Amisha Shrivastava

Tags