Now a days people have become a lot more environmental conscious than they were before.
It
mentioned concepts like sustainable development polluter pays principle
Precautionary principle public trust doctrine etc.
FACTS
This case as we all know is regarding one of the 7 wonders of the world i.e., the taj mahal. Built
by shah Jahan in the loving memory of his wife Mumtaz in 1632 AD. Made of rich white marble
along 4 other minerals
Fast forward to the 20th century mc Mehta the petitioner of the case is a lawyer by profession
visited taj mahal in 1984 and noticed that the white marble was turning yellow
ISSUES
1. Petition was filed regarding the deteriorating condition of the monument due to the
pollution caused by nearby industries and factories due to
Residential fuel usage
Diesel trains
Buses
Backup generators
2. Since the gases were having harmful effects not only to the ppl but the monument a well
3. The petitioner contended that the main cause was sulfur dioxide and oxygen that turned
into acid rain which is harmful for the environment
4. The central board for prevention and control of water came out w a report and stated the
pollution levels as high and gave measure to reduce them
5. E.g.; thermal power stations needed to be shut down and the Sulphur dioxide emission
to be reduced by 50%
Environmental law Principles applied in Taj Trapezium Case: -
Sustainable development
The concept of sustainable development does not deter development, instead it
promotes development as long as environment factors and conditions are not sidelined.
It ensures a harmonious balance between development and environment
Precautionary Principle
The Precautionary Principle plays a huge role with respect to the burden of proof.
According to this principle where there is risk to the burden of proof would be upon the
person who is undertaking the. He must take responsibility and precautionary measures.
This principle was not only applied in the Taj Trapezium Case, but also in VELLORE
CITIZENS WELFARE FORUM CASE
Polluter Pays Principle
Polluter Pays Principle is applied after the environmental degradation has taken place.
This principle mandates the person who has caused such an adverse environmental
damage to pay for their actions. The polluter not only compensates the victims but also
pays for the restoration of the environment. Therefore, even where the harm cannot be
reversed, through the application of this principle, the polluter is at least made to pay the
cost of the damage done by him. This principle creates absolute liability on the polluter.
Judgement
As the court was hell bent on the prevention of further degradation and destruction thus-
1. the neighboring industries were asked to either switch to natural gas or shut down the
operations of such industries and relocate outside the area of TTZ.
2. The court ordered 292 industries to operate using safe fuels like propane instead of
coke/coal otherwise they would have to relocate.
3. The Gas Authority of India was in charge of application of Gas.
4. The court also gave few fundamental rights to workers of these industries and
demanded payment of their wages during the time taken for relocation.
Drawbacks of the Judgment
The order only addressed 292 industries out of 510 industries that are responsible for
the damage
The direction only asked the industries who are refusing to switch to the use of
natural gas to relocate.
Although the Judgment lays emphasis on coal and coke pollutants, significant
emphasis was not laid upon other ways pollution like due to brick kilns, bangles and
glass factories, pollution caused due to excessive traffic, etc.
Conclusion
Now-a-days pollution is increasing rapidly all over the world. Taj Mahal is among the 7
wonders in the world and it is known for his beauty and architecture. This case helped to
recognize the environmental damage around monuments. It was an important initiative
not only to prevent the damage around Monuments but also to reduce degradation of
environment in everyday life.
