The Supreme Court has granted permission to the Taj Trapezium Zone Authority to evaluate approximately 400 pending proposals for establishing non-polluting micro, small, and medium enterprises within the environmentally delicate region surrounding the Taj Mahal.
A three-judge bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana ruled that the pendency of broader environmental studies should not stall the consideration of existing applications submitted to the authority. The decision applies to the 10,400-square-kilometre Taj Trapezium Zone, where commercial activities have been under strict judicial regulation since 1996 to safeguard the monument from air pollution.
Mandatory Expert Oversight And Approval Mechanism
To preserve ecological safeguards, the apex court established a mandatory review mechanism for all pending proposals. Under the order, every meeting convened by the Taj Trapezium Zone Authority to review applications must include one nominated expert from the Central Empowered Committee and one representative from the National Environmental Engineering Research Institute. The court specified that no meeting may take place without the attendance of both designated experts.
The bench ruled that if either expert determines that a proposed enterprise cannot be categorized as non-polluting, the application cannot be approved without explicit leave from the Supreme Court. However, if both experts and the authority reach a unanimous agreement, the proposal may be processed and concluded in accordance with statutory procedures without requiring court approval.
Public Transparency And Objection Process
The court ordered that all decisions regarding these applications must be uploaded onto the Central Empowered Committee website. This measure is intended to enable citizens and public-interest groups to review decisions and submit objections or suggestions.
Before any final authorization is granted, the Taj Trapezium Zone Authority and the expert representatives from the committee and research institute are required to review and consider any public feedback received. The bench stressed that the precautionary principle must be strictly maintained under direct domain-expert supervision throughout the evaluation process.
Livelihood Arguments And Regional Economic Impact
The court’s decision followed submissions by Attorney General R. Venkataramani and Additional Solicitor General Aishwarya Bhati, who requested that applications for small, non-polluting units such as flour mills be allowed to move forward. Bhati stated during the hearing that no heavy industrial operations were being proposed and argued that a blanket restriction on new enterprises was hurting local livelihoods and regional economic aspirations.
Addressing the matter, Chief Justice Kant noted that a practical solution incorporating preventive measures was necessary, given the general consensus on permitting non-polluting activity. Justice Bagchi highlighted the importance of a workable administrative procedure that prevents bureaucratic delay and avoids requiring the top court to decide individual applications.
Status Of Environmental Studies And Historical Context
The bench acknowledged that three major environmental evaluations—the official Vision Document for the zone, a final report defining non-polluting industries, and a cumulative impact assessment study ordered on April 22, 2025—remain incomplete. While calling for the swift completion of these reports within a reasonable timeframe, the court concluded that their delay should not block decisions on already submitted applications.
The order was issued despite concerns raised by senior advocate Aparna Bhat, representing an intervenor, who warned against compromising environmental protections. Bhat referenced past decisions in the Firozabad area where industrial setups were permitted despite opposing recommendations from the Ministry of Environment, Forest and Climate Change.
Judicial oversight of industrial activity in the belt began with a landmark Supreme Court order on December 30, 1996. That ruling banned the use of coal and coke across the zone and mandated that 293 industrial units near Agra transition to natural gas to reduce environmental impact while supporting local industry.
