Taj Trapezium Zone- No Industrial Units Shall Be Cleared By UP Govt. Till Sectorial Guidelines Are Obtained from NEERI: SC Clarifies Previous Order

The Supreme Court has further clarified its December, 2019 order by which it lifted the status quo as regards construction, industrial activities and felling of trees in the Taj Trapezium Zone, in so far as the order required concurrence with the Central Empowerment Committee and opinion of NEERI.The top court on March 22, 2018, had ordered status quo concerning granting of ECs to various projects by the authorities in the TTZ till the time the vision document on protection and preservation of Taj Mahal and the surrounding environment was filed by the UP government. The Court was informed by the state of UP that a vision document is being prepared in consultation with the School of Planning and Architecture. The first draft of the vision document was subsequently filed before the Court. An IA was filed by the state of UP for clarification of the status quo order passed on 22.03.2018. The said I.A. was disposed of on 06.12.2019. In the order dated 06.12.2019, the state government and other statutory authorities were permitted to grant environmental clearances necessary for providing essential public facilities including drinking water supply, sewerage treatment plant, drainage system, solid waste disposal, Common Effluent Treatment Plant, Bio Medical Waste Treatment Facility, and Waste to Energy Plants etc. The authorities were at liberty to consider requests for relocating eco-friendly non- polluting industrial units, subject to meticulously compliance of environmental laws and all norms/conditions laid down by this Court. "Concurrence with the Central Empowerment Committee and opinion of NEERI shall also be necessary before according such permission", the Court has stated. The Court further made it clear that the embargo on granting clearances for shifting of any heavy industry shall continue till a final decision is taken on the vision document.On December 8, the bench of Justices L. Nageswara Rao, B. R. Gavai and B. V. Nagarathna was hearing another Interlocutory Application filed for certain clarifications/modification of the Order dated 06.12.2019. "In respect of the clarification of the Order dated 06.12.2019 pertaining to the concurrence with the Central Empowered Committee (CEC) and opinion of NEERI as mentioned in paras 8 and 9 of the Order, learned Amicus Curiae in consultation with Ms. Aishwarya Bhati, learned Additional Solicitor General appearing for the State of Uttar Pradesh submitted a note", recorded the bench."It has been agreed that a representative of NEERI shall be included as a Member in the Environmental Appraisal Committee (EAC) and State Environmental Appraisal Committee (SEAC) constituted by the Ministry of Environment, Forest and Climate Change for dealing with industrial units falling in TTZ Area. In respect of industrial units where the Air Pollution Score as per CPCB and UPPCB is between 11 to 20, sectorial guidelines shall be obtained from NEERI. No industrial units shall be cleared by the State till sectorial guidelines are obtained from NEERI. For those industrial units having Air Pollution more than 20, the concurrence/opinion of NEERI will have to be obtained. In case of the need for felling trees to set up industrial units/projects, the matter shall be referred to the CEC for its opinion/concurrence. Where there is no need for felling of trees, a declaration shall be obtained from the industrial units/projects to that effect. The declaration shall be accompanied by an affidavit and photograph of the site along with the Key Plan of the site. The said declaration along with the other documents shall be forwarded to the concerned District Forest Officer. In case, incorrect information has been given by the declarant, suitable legal action shall be taken", further recorded the bench.After hearing Amicus Curiae A. D. N. Rao and ASG Aishwarya Bhati, for the state of UP, the bench proceeded to direct- "...we modify the order passed by this Court on 06.12.2019 in respect of the prayer (d) and (e) in IA No.42482/2020 in terms of the note referred to above." The bench further noted that the Amicus Curiae submits that a decision has to be taken on the vision document by the Court, and directed that the ASG shall confer with the Amicus Curiae and the petitioner-in- person and discuss the proposals that are made in the vision document.Permission to state of UP for felling of 1803 trees for widening of Mathura-Deeng (Gobardhan) Road in TTZ Area; Committee on the method of evaluation for the loss of trees to submit report in 4 weeks, Court to determine payment for trees felled thereafterThe bench also granted permission to the state of UP to fell 1803 trees for the purpose of widening of the Mathura-Deeng (Gobardhan) Road [Four lanes Road], which falls in the TTZ Area. The bench further directed the court-appointed committee on the method of evaluation for the loss of trees to submit its report in 4 weeks, noting that the issue of payment for the trees shall be determined thereafter.The ...

Taj Trapezium Zone- No Industrial Units Shall Be Cleared By UP Govt. Till Sectorial Guidelines Are Obtained from NEERI: SC Clarifies Previous Order

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