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2024 Supreme(Online)(NGT) 4004
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
HON’BLE MR. SUDHIR AGARWAL, J, HON’BLE DR. AFROZ AHMAD, ACJ
Dr. Sharad Gupta – Appellant
Versus
State of Uttar Pradesh – Respondent
Original Application No.316/2022
For the Appellants/Petitioners: None
For the Respondents: Mr. Pradeep Misra, Mr. Daleep Dhyani
The Tribunal mandated ecological protection through effective regulatory oversight and timely action for floodplain demarcation around the Taj Mahal area.
Headnote:(A) National Green Tribunal Act, 2010 - Sections 14 and 15 - Original Application regarding large-scale mining in proximity to Taj Mahal - Tribunal constituted a Joint Committee to verify complaints of ecological damage due to mining activities. - Findings indicated no large-scale mining occurred and confirmed construction of check dams for soil moisture retention, demonstrating minimal disturbance to wildlife. (Paras 1-35)
(B) Responsibilities of government departments - Directions issued for timely action to demarcate floodplain, ensuring compliance with ecological protection standards. (Paras 30-34)
(C) Ecological Impact - Report outlines the potential harm to biodiversity in the context of construction activities, emphasizing the need for regulatory oversight and adherence to environmental guidelines. (Paras 2, 24)
Facts of the case:
Grievance raised regarding destruction of ravines and ecological harm due to mining around the Taj Mahal. Joint Committee found no mining and confirmed forest conservation efforts through construction of check dams, aimed at soil moisture retention.
Findings of Court:
Construction of earthen check dams is confirmed, with negligible impact on wildlife; necessary steps to monitor and demarcate floodplain area have not yet been implemented.
Issues: The primary issue was whether mining activities near the Taj Mahal posed an ecological threat needing urgent intervention. Further, regional compliance in demarcating the floodplain zones was necessary.
Ratio Decidendi: The Tribunal found there was no large-scale mining, reinforcing the need for adherence to environmental standards and robust ecological protection practices along the Yamuna River. Compliance from relevant authorities must be ensured for ecological preservation.
Result: Original Application disposed of with specific directions for compliance by state authorities.
| Table of Content |
|---|
| 1. grievance on mining impacting ecological balance near taj mahal. (Para 1 , 2 , 3) |
| 2. joint committee findings affirm ecological conservation efforts. (Para 5 , 6) |
| 3. mandated timeline for floodplain demarcation and ecological protection. (Para 24 , 30) |
ORDER
1. On a letter petition dated 10.03.2022 sent by Dr. Sharad Gupta resident of 24, Heera Gagh Colony, Dayal Bagh, Agra this Original Application was registered under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as „NGT Act, 2010‟) in exercise of suo-moto jurisdiction in view of law laid by Supreme Court in Municipal Corporation of Greater Mumbai Versus Ankita Singha and others, (2022)13 SCC 401.
2. Grievance raised in this letter petition was that, as per a news article published in Times of India dated 06.03.2022, ravines are being destroyed by large-scale mining in vicinity of Taj Mahal and restricted floodplain zone of river Yamuna. Destruction of forest ravines, which serve as natural habitats for over 1,000 species of animals and plants, will lead to devastation of ecological chain and harm Taj Mahal. It would also affect original landscape and contour in vicinity of Taj Mahal and restrict floodplain zone of river Yamuna in Agra (State of Uttar Pradesh).
3. Tribunal found it appropriate to obtain a factual report in the light of above complaint and thus constituted a Joint Committee comprising representatives of Ministry of Jal Shakti, Government of India; Regional Office of MoEF&CC, Lucknow; Taj Trapzium Zone Authority; Uttar Pradesh Pollution Control Board; and District Magistrate, Agra, and directed said Committee to verify factual position particularly with regard to notification and demarcation of floodplain zone where alleged large-scale mining is being done, looking into grievance of applicant.
4. Committee was required to submit its report within one month.
5. Joint Committee Report was submitted through Regional Officer, Uttar Pradesh Pollution Control Board, Agra (hereinafter referred to as „UPPCB‟) vide email dated 19.09.2022. Report shows that Joint Committee members visited area on 26.07.2022 and observations are made in respect of large-scale mining in vicinity of Taj Mahal and restriction of floodplain zone of river Yamuna. Joint Committee Report said as under:
“Observations on aspect of large scale mining in the ravines in the vicinity of Taj Mahal and restriction of the flood zone of river Yamuna
On the day of site visit, Committee observed that Taj Forest Block is a rugged forest area which comes under Agra Forest division ANNEXURE-1. On the day of site visit, construction of some check dams were found by the Committee members During inspection of the said area and according to the discussion with Divisional Forest Officer, Agra, it was informed that no large-scale mining has been done in the Taj Forest block in the vicinity ofTaj Mahal and ravines have not been destroyed. DFO, Agra vide letter no-560/22-20 dated 02.08.2022 informed that Taj Forest block is a rugged forest area under Agra Forest division in which forest department have constructed only check dams to prevent soil erosion to maintain soil moisture at locations where gully-drains have formed due to soil erosion by heavy flow of water during rains ANNEXURE-2.
The construction of check-dams has been carried out by using local soil for which as per work plan of Social Forestry Division, Agra. DFO, Agra informed that work plan has also been approved by Ministry of Environment Forest & Climate Change, Government of lndia ANNEXURE-2/1.
As per the information submitted above work rate has been approved by Conservator forest, Agra circle, Agra vide letter no. 274/5-9-2 dated 15.07.2020 for regarding forest work ANNEXURE-2/2
In Taj Forest block 43 check dams have been constructed, in which 8439 cubic meter soil have been scraped from the up- stream site. Attested photocopy of measurement book is annexed as ANNEXURE-2/3
B. Observations on aspect of restri
