New Delhi, Mar 19 (UNI) The Supreme Court 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.

A Bench comprising Justice Abhay Oka and Justice Ujjal Bhuyan ruled that such permissions cannot be given without specific details about the industries involved.

The Court also imposed a cost of ₹5 lakhs on the UP State Bridge Corporation for commencing a project and felling trees in the TTZ area without obtaining prior Court approval.

As per an order dated May 8, 2015, no tree felling is permitted within TTZ without the Apex Court’s approval. The Court noted that the Corporation, being a public entity, was well aware of this directive but proceeded without permission. Consequently, it directed the Corporation to deposit the penalty amount with the National Environmental Engineering Research Institute (NEERI) within one month.

“Unless the TTZ Authority makes a case for approving 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,” the Court stated in its order.

Justice Oka further remarked, “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 the 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 addressing an interlocutory application (IA) filed by the TTZ Authority in the MC Mehta case concerning environmental issues in TTZ. The IA sought a modification of the Court’s order dated October 14, 2024, to allow the setting up of MSMEs in the zone.

On October 14, 2024, while considering the issue of industrial pollution within TTZ, the Court directed the State Government to issue notices to 60 industries to ensure their representation before the Court. It had further instructed that the TTZ Authority must not permit the establishment or expansion of new industries without the Court’s approval.

During Tuesday’s hearing, Additional Solicitor General 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 agreed to keep the application pending for further consideration.

The Court also noted that all 60 industries had been served notices, and some had filed counter affidavits. It directed industries that had not yet filed their counter affidavits to do so within 10 days. Copies of the affidavits must also be provided to Amicus Curiae Liz Matthew for review.

Justice Oka indicated that the Court might order the Central Pollution Control Board (CPCB) 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 the desilting of the Yamuna riverbed, the Court directed both the UP Jal Nigam and the Agra Municipal Corporation to fully comply with previous directives concerning the tapping of untapped and partially tapped drains in TTZ.

On November 25, 2024, the Court ordered immediate interim measures for the tapping of 38 untapped drains and 5 partially tapped drains, with compliance to be reported within one month. Last month, the Court summoned the Managing Director of UP Jal Nigam for non-compliance with its directive.

During Tuesday’s hearing, ASG KM Nataraj, representing UP Jal Nigam, submitted that the Agra Municipal Corporation is responsible for undertaking the work and requested a specific order to that effect. Acknowledging this, the Court directed both agencies to ensure full compliance with the November 25 order. Compliance affidavits must be submitted by April 21, 2025, with reports due by April 15, 2025.

Further, ASG Nataraj informed the Court that an IA had been filed indicating that UP Jal Nigam requires clearance from the National Mission for Clean Ganga (NMCG) for expedited approval. The Court directed NMCG to review the application and grant the necessary approvals to facilitate compliance. For now, the Court dispensed with the presence of the Managing Director of UP Jal Nigam.

UNI SNG CS