NEW DELHI: The Supreme Court on Thursday allowed the Taj Trapezium Area Authority to process around 400 pending applications for setting up non-polluting micro, small and medium enterprises in the eco-sensitive zone around the Taj Mahal.
However, the Supreme Court ordered that each proposal be examined by experts from the Central Empowered Committee and the National Environmental Engineering Research Institute, and in case of any objection, “the application in question shall not be accepted without the permission of this court.”
A bench comprising Chief Justice of India Surya Kant and Justices Joymalia Bagchi and V Mohana heard the long-pending case relating to industrial activity in the 10,400-square-kilometre Taj Trapezium, where, since 1996, the court had imposed strict restrictions to protect the Taj Mahal from pollution.
While key studies, including the vision document for TTZ, cumulative impact assessment and final report of NEERI on definition of non-polluting industries, are still pending, their suspension should not disrupt the consideration of applications already received by the TTZ, the bench said.
The bench took note of the submissions of Solicitor General R Venkataramani and Additional Solicitor General Aishweera Bhatti that applications for setting up non-polluting MSMEs like flour mills could be entertained.
Referring to the current situation, the authority noted that to date, the vision document has not yet been finalized and that “the cumulative impact assessment study, in relation to the order dated April 22, 2025, remains incomplete.”
She also noted that the final report on the definition of non-polluting industries has not yet been submitted.
“While the three pending initiatives are required to be completed expeditiously and within a reasonable time, we are of the view that their suspension should not hinder the processing of those applications already received by the TTZ.
“What is of utmost importance is that the precautionary principle must be strictly followed and adhered to, with the advice and, where necessary, under the direct supervision of domain experts. Therefore, we direct that the TTZ may process pending applications,” the court ordered.
The bench also directed that in every meeting held to consider such applications, “one expert nominated by the CEC and one expert representative of NEERI will be invited to participate. No meeting shall be held unless both the experts are present.”
It also clarified that if either expert is of the opinion that a particular industry cannot be classified as a non-polluting industry, the application in question will not be accepted without the leave of this Court.
“In cases where both the experts, i.e. representatives of NEERI and CEC, are unanimous, and the TTZ body also agrees, such applications can be processed and brought to their logical conclusion, in full accordance with the law and without any reference to this court,” it directed.
The Commission directed the necessity of uploading all these decisions to the website of the Central Elections Commission, in order to enable people of public spirit to submit objections or suggestions, if any.
“Any such objections or suggestions shall also be considered by the TTZ, in consultation with experts nominated by NEERI and CEC, before taking a final decision,” it said, adding, “The precautionary principle shall be strictly followed and adhered to, with the advice and, where necessary, under the direct supervision of domain experts.”
During the hearing, Bhatti said that heavy industries were not being considered in the TTZ and only small and medium enterprises were seeking permission.
“There are about 400 applications pending. The complete ban on setting up new industries is affecting livelihoods. How can we curb the aspirations of millions of people?” She said.
Senior advocate Aparna Bhat, representing one of the interveners, opposed any dilution of environmental safeguards, alleging that industries were earlier allowed in the Firozabad district despite the Ministry of Environment, Forest and Climate Change’s advice against setting them up.
“Some practical solutions through preventive measures are needed,” the CJI said and noted that there seemed to be a consensus that only non-polluting industries should be allowed in the TTZ.
The body initially suggested that experts from the CEC and NEERI could determine whether the proposed industry was non-polluting, on a case-by-case basis, noting that the issue also concerned the livelihoods of local people.
Justice Bagchi said the mechanism should be practical and avoid forcing the Supreme Court to decide every application, and suggested that representatives of TTZ and NEERI be included in the decision-making process to eliminate bureaucratic delays.
The court, in its order, referred to its order of December 30, 1996 by which it banned the use of coal and coke in the TTZ and directed 293 industries around Agra to switch to natural gas to reduce pollution while allowing industrial development.
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