REPORT NO. 262

PARLIAMENT OF RAJYA SABHA

DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON SCIENCE AND TECHNOLOGY, ENVIRONMENT AND FORESTS

TWO HUNDRED SIXTY SECOND REPORT Effects of Pollution on Taj

(Presented to the Rajya Sabha on the 21st July, 2015) (Laid on the Table of on the 22nd July, 2015)

Rajya Sabha Secretariat, New Delhi July, 2015/Ashadha, 1937 (Saka) Hindi version of this publication is also available

PARLIAMENT OF INDIA RAJYA SABHA

DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON SCIENCE AND TECHNOLOGY, ENVIRONMENT AND FORESTS

TWO HUNDRED SIXTY SECOND REPORT Effects of Pollution on Taj

(Presented to the Rajya Sabha on the 21st July, 2015) (Laid on the Table of Lok Sabha on the 22nd July, 2015)

Rajya Sabha Secretariat, New Delhi July, 2015/Ashadha, 1937 (Saka) Website: http://rajyasabha.nic.in E-mail: [email protected] CONTENTS

PAGES

1. COMPOSITION OF THE COMMITTEE ...... (i)-(ii)

2. INTRODUCTION ...... (iii)

3. ACRONYMS ...... (iv)

4. REPORT OF THE COMMITTEE ...... 1—18

5. RECOMMENDATIONS/OBSERVATIONS — AT A GLANCE ...... 19—22

6. MINUTES ...... 23—29

7. ANNEXURES ...... 31—72 COMPOSITION OF THE COMMITTEE (Constituted on 1st September, 2014-15)

1. Shri Ashwani Kumar — Chairman

RAJYA SABHA 2. Shri Anil Madhav Dave 3. Shri Prem Chand Gupta 4. Shri C.P. Narayanan 5. Shri Paul Manoj Pandian 6. Dr. T. Subbarami Reddy 7. Shri Arvind Kumar Singh 8. Shri Bhupinder Singh 9. Shrimati Bimla Kashyap Sood 10. Shri Ronald Sapa Tlau

LOK SABHA 11. Shri Badruddin Ajmal 12. Shri Muzaffar Hussain Beig 13. Shrimati Bijoya Chakravarty 14. Shri Pankaj Chaudhary 15. Shri Prabhatsinh Pratapsinh Chauhan 16. Kum. Sushmita Dev 17. Shri Ninong Ering 18. Shri Laxman Giluwa 19. Dr. K. Gopal 20. Shri 21. Shri Shivaji Adhalrao Patil 22. Shri Nana Patole 23. Shri Nagendra Kumar Pradhan 24. Shri Harinarayan Rajbhar 25. Shrimati Sandhya Roy 26. Shri 27. Shri Nagendra Singh 28. Shrimati Renuka Sinha 29. Shri Vikram Usendi 30. Shrimati Vasanthi M. *31. Shri Chirag Paswan

*Nominated w.e.f. 25th March, 2015. (i) (ii)

SECRETARIAT Shri M.K. Khan, Joint Secretary Shri Rohtas, Director Shri V.S.P. Singh, Joint Director Shri Rajiv Saxena, Assistant Director INTRODUCTION

I, the Chairman of the Department-related Parliamentary Standing Committee on Science and Technology, Environment and Forests, having been authorized by the Committee to present the Report on its behalf, present this Two Hundred Sixty-second Report on ‘Effects of Pollution on Taj’. 2. The Committee heard the various officers of Central Government and State Government of on the subject in its meeting held on 10th January, 2015. The Committee also undertook a study visit to Agra on the 10th and 11th April, 2015 and heard the representatives of Civil Society Organizations/NGOs and industrial units as well as the concerned Central and State Government officers on the 10th April, 2015.

3. The Committee expresses its thanks to the officers of the Central Government and State Government of Uttar Pradesh and Civil Society Organizations/NGOs and industrial units for rendering their valuable views/replies to clarifications sought by the Committee.

4. In its meeting held on 3rd July, 2015, the Committee considered the draft report and adopted the same.

ASHWANI KUMAR NEW DELHI; Chairman, 3 July, 2015 Department-related Parliamentary Standing Ashadha 12, 1937 (Saka) Committee on Science and Technology, Environment and Forests Rajya Sabha

(iii) ACRONYMS

UPPCB : Uttar Pradesh Pollution Control Board

TTZ : Taj Trapezium Zone

ASI : Archaeological Survey of India

SPM : Suspended Particulate Matter

CEPI : Comprehensive Environmental Pollution Index

IAEO : Integrated Afforestation and Eco-Development Project

NAEB : National Afforestation and Eco-Development Board

NEERI : National Environmental Engineering Research Institute

APCS : Air Pollution Control Systems

HCFs : Health Care Facilities

ETP : Effluent Treatment Plant

RIICO : Rajasthan Industrial Development and Investment Corporation

(iv) REPORT

GENESIS

1. The Taj Mahal, a national monument and an iconic image of India, attracts millions of visitors every year. A study by two scientists at the Indian Institute of Technology (Kanpur) in the journal Environmental Science and Technology of American Chemical Society had claimed discolouration of the Taj Mahal due to particulate carbon and dust deposition. Results indicated that light-absorbing dust, black carbon and brown carbon generated from combustion of fossil fuels and biomass were responsible for its discolouration. Their findings suggested that the deposition of light absorbing particulate matter in regions of high aerosol loading were not only influencing cultural heritage but also the aesthetics of both natural and urban surfaces. These findings were reported in the media and the entire nation was concerned about it.

2. In this background, the Department related Parliamentary Standing Committee on Science and Technology, Environment and Forests decided to take up the subject ‘Effects of Pollution on Taj’ for its examination and report.

3. In its meeting held on the 10th January 2015, the Committee heard the representatives of the Union Ministry of Environment, Forest and Climate Change, Central Pollution Control Board, Taj Trapezium Zone Authority, Uttar Pradesh Pollution Control Board (UPPCB) and the Archaeological Survey of India, on the subject.

Taj Trapezium Zone

4. The Committee was informed by the Ministry of Environment, Forest and Climate Change that various orders have been passed by the Hon’ble Supreme Court of India (with reference to the WC 13381/1984, M.C. Mehta Vs. Union of India and others) for improvement of environmental quality in Taj Trapezium Zone for protection of Taj Mahal. Some important directions of the Hon’ble Supreme Court regarding protection of Taj Mahal were as under:

(i) Shifting of industries from Taj Trapezium in a phased manner.

(ii) the atmospheric pollution in TTZ has to be eliminated at any cost. Not even one percent chance can be taken when human life apart the preservation of prestigious monuments like Taj is involved.

(iii) Those industries, which neither apply for gas nor for alternative industrial plot, shall stop functioning. Supply of coal/coke to the said industry shall be stopped forthwith.

(iv) Construction of Agra bypass to divert all the traffic

(v) To ensure uninterrupted electricity to the TTZ

(vi) The city should be provided with scientifically designed, constructed and operated sewerage system with high priority. 2

(vii) Proper parking and traffic management for Taj

(viii) Regular monitoring of Ambient Air Quality in and around Taj.

5. Ministry of Environment, Forest and Climate Change, Government of India declared Agra-Mathura region as air pollution protected area namely the Taj Trapezium Zone (TTZ) in the year 1983. The Taj Trapezium Zone Pollution (Prevention & Control) Authority, the trapezium (area 10400 sq.km.) bounded between 260 45’N & 770 15’E to 27o 45’ N & 770 15’E in the west of the Taj Mahal and in the East of Taj Mahal between 27000’N & 78030’E to 27030’N & 78030’E, for protection and improvement of the environment in the TTZ, was created vide notification dated May 17, 1999 under the Chairmanship of Commissioner, Agra Division consisting of the following members-

(i) Commissioner, Agra Division - Chairman

(ii) Chairman, U.P. State Pollution Control Board - Member

(iii) D.I.G. of Police, Agra Range - Member

(iv) Member-Secretary, CPCB - Member

(v) A representative of the MoPNG - Member

(vi) A representative of the MoEF, GoI - Member

(vii) A representative of the ASI - Member

(viii) Vice-Chairman, Agra Development Authority - Member

6. The Authority was reconstituted by Ministry of Environment, Forest and Climate Change, Government of India vide notification dated 14th January, 2015 and the number of members increased to 18.

7. Stating the problems of TTZ, the Chairman of TTZ informed the Committee that no administrative set-up has been constituted for TTZ Authority. Therefore, no mechanism is available to implement the decisions of the TTZ Authority. Vice-Chairman, Agra Development Authority is the Member Convener and therefore routine works of TTZ Authority are discharged by a few officers of Agra Development Authority. For all practical purposes, TTZ Authority is not functioning optimally as it consists of only members with no supporting staff. No budget is allocated for proper functioning of TTZ Authority. As regards the funds released by the Ministry of Environment, Forests and Climate Change to the Authority during the last three years, the Committee was informed that no funds were released by the Ministry during the last three years. The routine expenditure of TTZ Authority is provided by Agra Development Authority. The routine expenditure involves filing of regular affidavits in the Hon’ble Supreme Court on behalf of Chairman of TTZ Authority and Chief Secretary of Uttar Pradesh on behalf of Mission Management Board, to organize regular meetings of TTZ Authority, honoraria to one clerk and two peons, postage, refreshment, stationary, etc.

8. The Committee was informed by the representative of Taj Trapezium Zone Authority that the important actions taken by various agencies for improvement of environmental quality in TTZ for protection of Taj Mahal were as under:- 3

(i) Closure of coal based Thermal Power Plants

(ii) Dieselization of Railway Yards

(iii) Prohibition of establishment/expansion of polluting industries

(iv) Closure of coal/coke based industries at Agra and closure of polluting industries, except those equipped with adequate Pollution Control Systems in TTZ.

(v) Closure of Approx. 450 Brick Kilns within TTZ

(vi) Supply of Natural Gas to Mathura Refinery and Industries of Agra and Firozabad in phased manner

(vii) Setting up of improved Sulphur Recovery Units at Mathura Refinery

(viii) Supply of ultralow sulphur Diesel to vehicles/industries/D.G sets in Agra

(ix) Restriction of plying of Petrol, diesel driven vehicles around 500 meter of Taj Mahal.

(x) Plying of Battery operated Buses and other vehicles within 500 meter of Taj Mahal.

(xi) Fixation of age for public and commercial vehicles

(xii) No new registration of age barred vehicles

(xiii) Use of Gas/Eco-friendly fuel by industries

(xiv) Supply of CNG for vehicles at Agra

(xv) Green belt development and other infrastructure development near monuments.

(xvi) Ban on burning of biomass, leather cuttings and cow dung in Agra specially areas near Taj Mahal.

(xvii) Constitution of task force for development of Taj Heritage Corridor area by Archaeological Survey of India (ASI).

(xviii) Approval of R167 crore project for upgrading civic amenities around Taj Mahal.

9. The Committee is aghast to note that no administrative setup has been constituted for TTZ Authority and as such no mechanism is available to implement the decisions of the TTZ Authority. As admitted by TTZ Authority, for all practical purposes TTZ Authority is not functioning optimally as it consists of only members with no supporting staff. Further, no budget is allocated for proper functioning of TTZ Authority. The Committee is at a loss to understand as to how the TTZ Authority, created to monitor progress of the implementation of various schemes for protection of the Taj Mahal and programmes for protection and improvement of the environment in the said area, has been functioning since its creation in 1999. The Committee, therefore, recommends that Ministry of Environment, Forest and Climate Change should provide the necessary financial support, manpower and infrastructure to the TTZ Authority without any further delay, so that it is able to effectively discharge its functions. 4

10. During the meeting of the Committee held on 10th January, 2015, the Committee was informed by the Director-General, Archaeological Survey of India that the main cause was dust particles on surface of the stones. They were regularly cleaning with human intervention and this practice effectively removes the superficial layer. As far as the stone surface, which is absorbing the pollutants in the porous surface, more effective measures were required to be taken. For that, effective preservative coating material may be identified and evaluated. Treatment of dome of Taj Mahal is under consideration because there are some problems for raising the scaffolding and the load bearing capacity of that portion was to be examined. The paper on it was yet to be published and it had given some conclusions.

11. Not satisfied with the presentations/submissions made before the Committee and to have first hand information on the spot, the Committee decided to visit Agra on the 10th and 11th April, 2015. At Agra, the Committee heard the representatives of Civil Society Originations/ NGOs and industrial units, etc. on adverse effects of pollution on the Taj Mahal. A list of the members of NGOs/Civil Society present in the meeting held at Agra on 10th April 2015 and copies of representations received are at Annexure I & II. The following points were brought to the notice of the Committee during discussion:-

(i) Schemes to protect and improve environment in TTZ area were not being executed due to non-availability of Secretariat and required officers, engineers, scientists etc. and non-availability of budget and lapse of Central allocation for TTZ for want of matching budgetary provisions by the State Government.

(ii) Directions of the Supreme Court regarding tapping of two Nalas namely, Nala Mantola and Shamshan Nala still await implementation.

(iii) Construction of Agra Barrage and water supply of Agra barrage is yet to be completed to supply drinking water to the residents of Agra and to bring life to river Yamuna, which is next to the Taj Mahal.

(iv) A large portion of city waste/sewage (raw) is dumped in the river.

(v) Solid waste collection and disposal mechanism is totally inadequate.

(vi) Sewerage network covers only half of city area.

(vii) Traffic congestion and jams remain the order of the day.

(viii) Widespread encroachments on public land and green belts.

(ix) Green belts, parks, gardens are dwindling fast.

(x) About 24 major drains directly discharge effluents and sewage into the river.

(xi) Two third of Agra Fort is occupied by Military personnel who take diesel vehicles inside the Fort and also cook food inside the Fort.

(xii) Despite orders of Supreme Court, no action has been taken to stop the illegal

expansion of factories which were emitting NO2 sulphur, petro coke and did not comply with the pollution norms. 5

(xiii) Representatives of Glass Manufacturer Associations stated that their manufacturing units were using natural gas which conformed with the specified pollution norms and therefore, ought not to be disturbed. (xiv) Thousands of cattle regularly bathe in what remains of river Yamuna and resultantly, the excreta from the animals is discharged in the Yamuna further polluting the surroundings of the Taj.

Measures taken

12. In the light of Committee’s discussion on 10th January, 2015 in Delhi, the Ministry of Environment, Forests and Climate Change stated that following measures have been taken to protect the Taj from pollution: Burning of cow dung has been banned in Agra and 8 FIR’s have been filed against persons violating the ban imposed. 62,592 plants on an area of 56.90 hac. have been planted in the vicinity of Taj Mahal during the last four years. Cycle patrolling has been started by security officers responsible for Taj security. Solar traffic signals have been installed at 13 important intersections of the major roads. Construction on Inner Ring road joining Kanpur road to Gwalior road has already begun which will result in decongestion of major arteries of Agra and thereby reducing vehicular pollution. To provide pollution free mass transport for the daily commuters Government of U.P. has appointed RITES Limited (under Ministry of Railways, Government of India) to conduct feasibility and DPR for Agra Metro Rail project. An agreement has already been signed between Agra Development Authority and RITES Limited on 26.03.2015. A separate cycle track has been planned by Public Works Department for Fatehabad road and Shilpgram road to reduce vehicular movement around Taj Mahal. Mathura refinery is gradually switching over to natural gas from 50% in the year 1996 to 58.8% in 2014-15. At present natural gas used is 58.8%, 27.8% refinery gas and remaining is furnace oil as fuel. Four cyclone separators are being used by Mathura Refinery to reduce particulate matter. Several punitive actions have been taken against persons selling coal to petha manufacturer and thereby forcing petha manufactures near Taj Mahal to shift to petha nagari in Kalindi Vihar. A.S.I. is undertaking greening of barren land between Agra Fort & Taj Mahal.

Parks have been developed by Agra Development Authority to increase green cover. 6

13. The Committee was further informed that air pollution has become a concern not only for health issues of common man but also for Cultural Heritage. There have been consistent efforts to minimize the impact of Air Pollution on Taj due to emitting gaseous and solid effluents from different sources like burning of fossil fuels, organic carbon and effluents coming from the industries. Air Pollutants may be divided into two forms namely Gaseous form like Oxides of Carbon, Nitrogen and Sulphur, and Solid form like Suspended particulate Matter (SPM) including Carbon and Dust.

14. Above two forms of Air Pollutants are liable to act on all types of building materials both physically and chemically and there are two ways of interaction of these pollutants with the building materials, namely Wet Deposition and Dry Deposition. Wet Deposition is a process by which gaseous forms of pollutants react with moisture of the environment and get converted into acidic form but in very mild concentration. This acidic form is liable to react with the marble which is considered to be more prone to be attacked by these acidic forms and may induce corrosion of the stone.

15. The Ambient Air Quality Monitoring at Taj Mahal has indicated that the annual average concentration of gaseous pollution (SO2 & NO2) are within prescribed limit.

16. Dry deposition is comparatively less harmful if not charged heavily with the acidic components. An Action Plan has been prepared by Archaeological Survey of India to minimize the effect of chemical pollutants on Taj Mahal.

17. Regarding improvement of air quality of Agra city and control of pollution around Taj Mahal, various steps have been taken by different authorities for complying with the order of Hon’ble Supreme Court in writ petition (civil) no. 13381 of 1984 [Further in compliance of Hon’ble Supreme Court’s order dated 05.04.2002 in W.P. No. 13029 of 195, the U.P. Pollution Control Board has prepared a comprehensive Action Plan which includes city gas network for vehicle/domestic sector/hotels/industries etc., installation of automatic traffic lights & signals at the main crossings of Agra City, massive plantation, phasing out of old vehicles, up-gradation of PUC system, by passing transit traffic, strengthening of air quality monitoring network, management of Municipal Solid Waste & Bio-Medical Wastes etc. the above Action Plan is under implementation & the progress is being reviewed by Taj Trapezium Zone Pollution (Prevention & Control) Authority/Govt. of U.P./MoEF&CC.

18. In addition, U.P. Pollution Control Board has prepared an ‘Action Plan’ while seeking the current progress of the implementation of projects completed, under progress and proposed environmental improvement of the industrial clusters of Agra City including Air, Water and land dimensions for overall improvement of Comprehensive Environmental Pollution Index (CEPI) which will certainly contribute towards the better environment & control of Pollution around Taj Mahal & other significant monuments. Taj Trapezium Zone Pollution (prevention & Control) Authority, Agra in its 32nd meeting held on 07.01.2015, following main decisions have been taken to reduce the pollution load in Taj Trapezium Zone (TTZ).

(i) To restrict the establishment of new gas based air pollution industries and increase in production capacity of old established industries with immediate effect. 7

(ii) No concerned department like Zila Udyog Kendra, State Pollution Control Board, Gas Authority of India Ltd. and others can grant No Objection Certificate without prior permission from TTZ Authority to restrict transfer, diversification and capacity enhancement.

19. During the meeting of the Committee held at Agra on 10th April, 2015 the Committee enquired about the measures taken by TTZ Authority to reduce black and brown carbons. Through a power-point presentation, the Committee was informed by the TTZ Authority that the Authority had taken the following recent measures to reduce black carbon, brown carbon and dust particles:-

(a) Black Carbon

(i) Agra Metro rail approved, which will reduce number of private vehicles on roads

(ii) 6 new CNG filling stations to come up in 2015-16 (in addition to existing six)

(iii) Goods carriers prohibited from plying in Taj vicinity w.e.f. 1.1.2015.

(iv) Diesel/petrol goods carriers prohibited from city limits w.e.f. 1.8.2015.

(v) 12 km long bicycle track to come up in 2015.

(b) Brown Carbon

(i) Crackdown on petty manufacturing units still using coal as fuel-66 petha units sealed during past 3 months.

(ii) Ban on burning of cow dung cakes as fuel within city limits-28 FIRs lodged in past month.

(c) Dust Particles

(i) 62,592 trees planted in Taj Forestry block abutting Taj Mahal during last 4 years.

(ii) Greening of open space between Agra Fort and Taj Mahal being undertaken by ASI in 2015.

(iii) Agra Barrage announced by UP government on river Yamuna.

20. The Authority also apprised the Committee that it intended to take the following steps as part of its future plans to contain pollution in TTZ area:-

(i) 250, 000 more trees to be planted in 2015 and 2016 in TTZ by Forest Department.

(ii) Development of Agra as a SOLAR CITY by Agra Municipal Corporation.

(iii) Rules under preparation for battery operated three-wheelers (e-rickshaws) to eventually replace autos.

(iv) Dredging of Yamuna River to increase water pooling behind Taj Mahal. 8

21. The Committee takes note of the recent measures taken by the TTZ Authority and its future plans to reduce pollution in the area to minimize its adverse effects on the Taj Mahal. The Committee recommends that these measures should be implemented in true spirit and within a specified time frame through an interactive engagement between the State Government, Municipal and Central Government agencies. Effective steps should be taken by all the concerned authorities to ensure that the future of Taj as a symbol of India’s cultural heritage is not hostage to environmental degradation.

AFFORESTATION ACTIVITIES

22. During its journey from Delhi to Agra by road, the Committee observed that there was no greenery/plantation on either side of the Yamuna Expressway. The representatives of civil society organizations/NGOs at Agra had also highlighted that green belts, parks, gardens were dwindling fast due to encroachment etc. The Committee, therefore, sought to know the details of the afforestation activities undertaken in the TTZ area. The TTZ Authority informed the Committee that -

(i) In Writ Petition (Civil) 13381/1984 MC Mehta V/s Union of India and others, Hon’ble Supreme Court in its order dated 11.04.1994 directed the Ministry of Environment and Forest, Government of India to develop a Green Belt around Taj Mahal.

(ii) Plantation for development of green belt around Taj Mahal was done under a centrally sponsored scheme “Integrated Afforestation and Eco-Development Project (IAEO)-Taj Afforestation Project, National Afforestation and Eco- Development Board (NAEB), Ministry of Environment and Forest.

(iii) Pursuant to Hon’ble Supreme Court’s order 155850 plants on 142 hectare are reported to have been planted in the year 1995-96. (No of spots -33)

(iv) In 1996-97, plantation of 22125 saplings on 15.6 hectare is claimed to have been achieved around Taj Mahal. (No. of spots-3).

(v) In 1997-98 plantation of 52900 saplings on 33.172 hectare was claimed around Taj Mahal and in other nearby areas. (No. of spots-11)

(vi) From 1995-96 to 1997-98 a total of 230875 plants were planted on 190.77 ha. under Taj Afforestation Project.

(vii) Hon’ble Supreme Court in its judgment dated 30.12.1996 mentioned that “Green belt as recommended by NEERI has been set up around Taj. Pursuant to continuous monitoring of this Court, the Green Belt has become a reality.”

(viii) In 2011 plantation on an area of 56.90 ha. was done in Taj Forest Block abutting the Taj Mahal. Total numbers of plants is 62592.

23. In response to another query, the Committee was informed that different departments of the State Government had taken permission to cut trees to carry out some civil work. While passing the order, the Supreme Court had directed that more trees should be planted in 9 lieu of those trees that were being cut. However, because of a conflict of opinion between the Union Ministry of Environment, Forest and Climate Change and State Forest Department, funds were not readily available for this plantation exercise. The matter was brought to the notice of Supreme Court as a result of which some officers of the State Forest Department had to face disciplinary action. The Committee was further informed that funds had now been released by the Union Ministry of Environment, Forests and Climate Change to the State Government and a programme has been chalked out to plants more trees during the next two years.

24. The Committee is of the view that planting trees is one of the most effective ways to combat air pollution. Deforestation and cutting of trees plays havoc on environment. The Committee, therefore, recommends that massive afforestation exercise should be undertaken by the TTZ Authority, which is not an expensive affair but can contribute a lot towards solving the problem of pollution plaguing the city of Taj. The TTZ Authority should also consider involving NGOs/local populace and private sector in the afforestation activities. The concerned authorities should also consider planting trees on the sides of the Yamuna Expressway. The Committee also recommends that the Union Ministry of Environment, Forest and Climate Change and the State Government should devise a coordination mechanism and ensure massive afforestation and plantation activities in the TTZ Area.

Study on Environmental Management Plan

25. The Committee was further informed that TTZ Authority had initiated a study on Environmental Management Plan by National Environmental Engineering Research Institute (NEERI), Nagpur in December, 2013. Based on the in-depth analysis of air quality status and different sources of air pollution in TTZ area and also measures already implemented in the past in different sectors, management plan of improvement in air quality has been suggested by NEERI, Nagpur in “Environmental Management Plan of Agra/TTZ”(2013-14) in the following areas:

(i) Industrial Pollution Control

(ii) Vehicular Pollution Control

(iii) Road Network and Traffic Management

(iv) DG sets

(v) Other un-accounted sources/activities

(vi) Strengthening of Air Quality Monitoring and continuous Assessment

(vii) Green belt development/ Massive Plantation

(viii) Awareness & Public Participation (Area/Ward/City Development Teams)

26. Based on the suggestions given by NEERI, the following projects have been formulated by different departments:-

(i) Construction of Inner Ring Road 10

(ii) Widening of ROB on M.G. Road

(iii) Upgradation/Infrastructure creation project with following components:

(a) Upgradation of Inter-State Bus Station in Transport Nagar, Agra

(b) Workshop for long route buses in Guru Ka Taal

(c) Creation of Satellite Bus Terminals at Agra-Fatehpur Sikri Road, Agra- Gwalior Road, Agra-Kanpur Road.

27. The Committee was informed by the Ministry of Environment, Forest and Climate Change that based on the report of NEERI, the Ministry had identified 10 projects amounting to Rs. 220 crore and had submitted the same to the Government of Uttar Pradesh to approve them so that the Central Government could give 50% of the share for the implementation of the projects from a Centrally Sponsored scheme for the protection of the Taj. However, inspite of their having raised the issue at the highest level, the approval of the State Government to the projects is still awaited. However, the representative of the State Government expressed inability to provide their share for the projects due to the shortage of funds.

28. The Committee observes that the State Government of Uttar Pradesh has expressed its inability to provide funds for management plan of improvement in air quality in TTZ. The Committee is of the view that a project of national importance such as Taj cannot be allowed to suffer due to shortage of funds/want of matching contributions by the State Government in the providing the necessary financial assistance for the projects recommended by NEERI. The Committee feels that the Central Government should take the initiative to impress upon the Government of UP to contribute its share for the implementation of the projects to the extent possible and whatever shortfall is there, should be provided by the Central Government.

SOURCES OF POLLUTION

29. The Committee was informed by Ministry of Environment, Forest and Climate Change that major sources of pollution in Agra affecting the Taj Mahal were as under:

(i) Vehicular Pollution

(ii) Emissions from Industry (Foundry, Petha, Electroplating, rubber, chemical & engineering industries)

(iii) Gensets (used during power cut in hotels, industries, commercial establishments, houses, etc.)

(iv) Burning of bio-mass, use of fuel in domestic sector.

(v) Re-suspension dust (Road, open areas, transport from other areas etc.)

(vi) Un-organized sector like sweet shops, restaurants, etc.

(vii) Other activities (construction, stone cutting etc.) 11

MEASURES FOR REDUCING POLLUTION

Vehicular Pollution in Agra

30. Vehicular pollution has become one of the major sources of air pollution in the country and Agra is no exception to it. The Committee was informed that other than industries, vehicular pollution is the major factor affecting the Taj Mahal. As per the records of RTO, Agra total number of vehicles in Agra district have increased from about 4.0 lakhs to 6.4 lakhs in a span of 8 years (from 2003-04 to 2010-11) with an overall annual average growth rate of about 7.6%. In Agra district, about 7.45 lakh commercial and non-commercial vehicles were plying on road (as on January, 2013). Besides the movement of registered vehicles in the Agra and TTZ area, a large number of all categories of vehicles come from nearby states/cities like Delhi, Rajasthan, Madhya Pradesh and UP itself. Movement of all these vehicles for tourist as well as commercial activities also results in significant air pollution through vehicle exhausts. Movement of large number of vehicles in the TTZ area contributes not only to air pollution through the exhaust pipes but also due to their movement on roads. Further, re-suspension of road dust in large quantity also contributes to the total particulate matter (SPM/PM10). 31. The Committee sought to know the steps taken to reduce vehicular pollution and to overcome the problem of traffic congestion by the different authorities in Agra. The Committee was informed by TTZ Authority that the following steps had been taken by different authorities to contain the effects of vehicular pollution on the Taj Mahal and to overcome the problem of traffic congestion:-

(i) Construction of Inner Ring road joining Kanpur road to Gwalior road has already begun which will result in decongestion of major arteries of Agra and thereby reducing vehicular pollution.

(ii) To provide pollution free mass transport for the daily commuters, Government of Uttar Pradesh has appointed RITES Limited (under Ministry of Railways, Government of India) to conduct feasibility and DPR for Agra Metro Rail Project. An agreement has already been signed between Agra Development Authority and RITES Limited on 26.03.2015.

(iii) A separate cycle track has been planned by Public Works Department for Fatehabad road and Shilpgram road to reduce vehicular movement around Taj Mahal.

(iv) Restriction of plying of Petrol, diesel driven vehicles around 500 meter of Taj Mahal.

(v) Plying of Battery operated Buses and other vehicles within 500 meter of Taj Mahal.

(vi) Fixation of age for public and commercial vehicles

(vii) No new registration of age barred vehicles

(viii) Supply of CNG for vehicles at Agra 12

32. The Committee feels that increased vehicular traffic in Agra is becoming a huge source of pollution and is one of the factors adversely affecting the Taj Mahal. The Committee notes the steps taken by the Government to contain vehicular pollution and recommends that measures taken should be implemented strictly to obviate any relaxation so that the beauty of the Taj could be saved.

Industrial Pollution

33. Industrial pollution is yet another major source of pollution in the TTZ area which is adversely affecting the Taj Mahal. Ministry of Environment, Forest and Climate Change identified the following main sources of industrial pollution :

(i) The major air polluting industries in Agra include Cupola, Induction furnace, Rubber, Chemical and Engineering industries, which are currently using electricity; CNG supplied by GAIL and are reported to comply with the standards laid down by MoEFCC. Appropriate air pollution control systems (APCS) have been installed in these air polluting units.

(ii) There are about 194 (190 glass industries + 4 Pakai Bhatti associations) glass based industries manufacturing mainly glass bangles, glass beads, glass rods, glass tubes/shell, glass wares and glass blocks in TTZ area of Firozabad. DG sets are installed in almost all the glass industries in Firozabad District, which are mostly based on natural Gas.

(iii) Mathura Refinery is one of the major industries in Mathura. Besides, there are other small & medium scale industries in the region.

(iv) Due to proximity to Keoladev National Park, industries could not be developed in Bharatpur Region. Presently, Perfect Sanitary Pipe and other small and medium scale industries manufacturing/producing agricultural equipments, tin container, animal fodder etc. are operating in Bharatpur. For systematic industrial development, Rajasthan Industrial Development and Investment Corporation (RIICO) was established in 1984. However, industrial development in the region is yet to be achieved.

(v) Apart from the organized sectors there are a large number of small scale/ cottage/household activities which contribute towards air pollution. In Agra, besides foundries, there are petha (sweet item) manufacturing units and also more than 2000 halwaiis, 500 kumhars and bharbhujas which use coal, cow dung, wood and agro-wastes.

34. The Committee was further informed that some steps taken for control of industrial pollution were as under:

(i) Use of natural Gas as fuel in Industries. A dedicated network has been created by Gas Authority of India.

(ii) PNG is being supplied to some residential/commercial areas. Expansion is planned in phased manner. 13

(iii) Adequate supply of LPG has been ensured for domestic use.

(iv) Encouraging petha/bangles micro units to switch from coal to LPG/CNG and shifting to designated areas.

(v) Setting deadline of 31.7.2015 for converting small commercial vehicles (loaders) to CNG.

(vi) Prohibition of the expansion of existing gas based industries.

(vii) Providing instant gas connections as incentive.

35. In response to a query as to whether the chemical pollutants from industries in and around Agra were affecting the Taj Mahal adversely, the Committee was informed that the polluting industries in and around Agra are equipped with air pollution control devices. The industries were operating on CNG or electricity. Further, the Ambient Air Quality Monitoring at Taj Mahal has indicated that the annual average concentrations of gaseous pollution (SO2 and NO2) are within prescribed limit.

36. The Committee notes with concern the sources of industrial pollution in TTZ Area, which have been adversely affecting the Taj Mahal. The Committee recommends that Government should look into the allegation of illegal expansion of factories which were emitting NO2 , sulpher and petro coke and did not comply to the pollution norms, in violation of the orders of Supreme Court and take not only necessary punitive action but preventive measures too against such industries. The concerned authorities should also ensure that air pollution control systems (APCS) are installed in these air polluting units. The Committee also recommends that the Government should not only encourage the industries, including the petha and bangle units, to shift to designated areas but also facilitate their efforts to shift to new places.

Pollution due to use of DG Sets

37. One of the important directions of the Hon’ble Supreme Court regarding protection of Taj Mahal was to ensure uninterrupted electricity supply to the Taj Trapezium Zone. However, the Committee was informed by the representatives of civil society organizations/ NGOs that irregular supply of electricity in the region forces the consumers to use DG sets for commercial as well as domestic purposes and the use of DG Sets in whole TTZ area, especially in Agra, is considered as a major source of air pollution. DG sets are installed in almost all the glass based industries in Firozabad district. These DG sets are operated with natural gas. DG sets are also deployed as alternative electricity source in many Health Care Facilities (HCFs), which include all types of hospitals, nursing homes, clinics, pathological labs, etc. DG Sets are also installed in some commercial places such as banks and hotels. In Mathura also, DG Sets are installed in Industries and commercial/residential premises like schools, hospitals, complexes and hotels, etc.

38. Since 24 hour electricity to TTZ area was one of the directions of the Supreme Court, the Committee enquired from the TTZ Authority as to whether the directions given by the Hon’ble Supreme Court were being complied with by the TTZ Authority. The Committee was informed that nearly all the directions of the Supreme Court had been implemented. However, 14 as regards uninterrupted power supply to TTZ Area, the directions had not been fully implemented. Since there was a shortage of electricity in Uttar Pradesh, the TTZ was getting about 18-19 hours of electricity every day, which, however, was much better than many other districts of Uttar Pradesh.

39. The Committee is of the view that use of DG sets in TTZ Area is one of the major sources of air pollution, which has been adversely affecting the beauty of the Taj. The Committee recommends that the Government of Uttar Pradesh must make all out efforts to implement the direction of Hon’ble Supreme Court regarding 24 hour power supply to the TTZ area so that the use of DG sets is avoided and its adverse impact on the Taj Mahal be minimized.

40. The Committee feels that by not fully implementing the Supreme Court direction of 24 hour electricity supply to the TTZ, the TTZ Authority was making itself liable for contempt of Supreme Court. The TTZ Authority has also not sought any exemption from the Supreme Court in this regard. The Committee therefore, recommends that in order to avoid contempt of Court, the TTZ Authority should approach the Supreme Court and highlight the constraints in providing 24 hour power supply in TTZ areas and seek an amendment of the direction issued in this regard, till such time they are able to provide 24 hour power supply in the area.

Pollution from Cremation Ground

41. Attention of the Committee was also drawn to a cremation ground in Agra which was also a source of pollution affecting the Taj Mahal. The Committee desired to know as to whether any steps had been taken by the concerned authorities to shift the cremation ground. Chairman, TTZ Authority informed the Committee that the cremation ground was located close to the Taj Mahal and it had been there for hundreds of years. To shift it from there was a challenging task. However, a new electric crematorium had been built next to the traditional cremation ground and they had been trying to persuade the people not to burn the dead in the traditional manner but to use the electric crematorium. He further stated that it was not easy for the people to change their traditional rituals.

42. The Committee is of the view the cremation ground close to the Taj Mahal adversely affects the Taj Mahal. The Committee recommends that there should be no let up in the efforts of the Government to shift the cremation ground and to make people understand to switch over to the electric crematorium to burn their dead in an eco-friendly manner to save the Taj from its adverse effects.

Treatment of Solid and Liquid Wastes

43. The Committee was informed by the representatives of civil society organizations/NGOs that a large portion of city waste/sewage goes into the river Yamuna untreated. Further, solid waste collection and disposal mechanism is inadequate and sewerage network covers only half of city area. The Committee desired to know as to what steps had been taken to ensure that the debris and sewerage of the city were being disposed off. The Committee was informed by the Municipal Commissioner, Agra that 9 Sewerage Treatment Plants have been constructed to treat the sewerage flowing into Yamuna, one out of which was under construction. Total 15 capacity of these STPs were 220.50 mld. However, some of the STPs were old and were not working to their full capacity. Attention of the Committee was also drawn to the bathing of buffalos etc. in the water bodies around the Taj Mahal.

44. The Committee is of the view that degradation of Yamuna bed is quite evident and is visible to the naked eye. The Committee is unhappy to note that not only the capacity of the sewerage plants inadequate but some of these plants are not functioning to their full capacity or have to run on DG sets. The Committee recommends that steps should be taken to strengthen the management of solid and liquid municipal waste infrastructure in the Agra city. The Committee also recommends that the concerned authorities should ensure that there is no dumping of solid or liquid waste from within the municipal limits of Agra into the Yamuna bed, without requisite treatment. The effluents related to waste water and sewage surrounding the Taj Mahal should be properly treated before its discharge in the designated areas. Necessary steps should also be taken to stop the bathing of buffalos/animals in the river Yamuna/water bodies around the Taj Mahal immediately.

Construction of Yamuna Barrage

45. The Committee observed that the situation of water in Agra was not good and that the Yamuna behind the Taj Mahal had become dry. The Committee enquired about the steps taken to improve the water supply in Agra and construction of Yamuna barrage.

The Committee was informed by the Chairman, TTZ Authority that Okhla barrage in Delhi was built by the British in 1874 to divert water for irrigation through Agra canal. Since then Yamuna had been dry in Agra. He further stated that the Minister of Irrigation, Government of UP had seen the same and announced that a small dam will be constructed at a small distance downstream the Taj Mahal to stop the water so that there could be a water pooling behind the Taj. The Committee wondered as to how the Government of Uttar Pradesh intended to have water flown to the periphery of the Taj Mahal.

46. The Committee is of the view that the Taj Mahal is losing its sheen because of lack of water body behind it. The Committee feels that construction of the Agra Barrage can permanently solve the water crisis of the city and also give a very scenic view of the Taj Mahal to the tourists. However, how and from where water will come to Agra has to be explored. The Committee has been given to understand that no survey has been conducted so far to try to explore the potentialities of water in the region. The Committee, therefore, recommends that a survey should be undertaken for mapping the sources of water in the TTZ area at the earliest. The Committee also recommends that the Government should explore all probable options including consulting Union Ministries of Water Resources and Irrigation to devise a mechanism to have water flown into at least in the periphery of Taj Mahal.

Pollution from Leather Factories

47. The Committee observed that leather factories were polluting the river Yamuna in Agra and desired to know the steps taken to contain the same. The Committee was informed by 16 the UP pollution Control Board that there was only one tannery and that was equipped with Effluent Treatment Plant (ETP) and industrial effluent was not directly discharged into river Yamuna.

48. The Committee is of the view that leather tanneries have a huge polluting effect. Although the Committee has been informed that the only leather factory in Agra is equipped with Effluent Treatment Plant, the Committee suggests that Government should ensure that the leather tannery at Agra does not have any adverse effect on river Yamuna.

ROLE OF ARCHAEOLOGICAL SURVEY OF INDIA

49. The Committee also sought the comments of the Archaeological Survey of India on the findings of the two scientists from Indian Institute of Technology, Kanpur. The Committee was informed by the Archaeological Survey of India that air pollution has always been a concern as far as conservation and preservation of the Taj Mahal is concerned. Since the setting up of Mathura Refinery, many scientific institutions including NEERI have carried out studies on this aspect. The Mathura Refinery was set up in 1982. As a result of concerns from experts and scientists regarding the possible emission of Air Pollutants and its impact on Monuments, a writ petition (C) No. 13381 of 1984 was filed by Shri M.C. Mehta in the Supreme Court in 1984 against Union of India and was called for hearing by the Supreme Court. Since then a number of suitable measures have been taken to limit the pollution level in the vicinity of Taj Mahal. On January 19, 1998, the Hon’ble Supreme Court passed an order for setting of continuous Ambient Air Quality Monitoring Station by ASI in the premises of Taj Mahal. In pursuance of Hon’ble Supreme Court’s order dated 24th March 1998, the monitoring Station was shifted from North-West burj to North-East burj of Taj Mahal. At present three stations are being run by the ASI, CPCB and the UPPCB respectively.

50. ASI further informed that some problems still persist due to operation of generator sets around Taj Mahal during power cut. A cremation ground close to North West Burj of the Taj Mahal may also be responsible for pollution due to burning of Bio mass. Vehicle load around the Taj Mahal may be considered another source of pollution.

51. News items and the related published article reported the outcome of the monitoring and studies conducted on the marble sample for two months. Deposition of Black carbon and Brown carbon along with dust may interfere with the refractive index of the clean polished marble surface due to their light absorbing properties but this is only a surface phenomenon and may be easily cleaned with regular intervention. As such, level of SPM and Dust pollution may vary from time to time depending upon the local climatic conditions and other parameters. Gaseous pollutants are under control. An air pollution monitoring lab is also monitoring the ambient air quality and accordingly Northern Zone of Science Branch takes regular preventive measures to minimize the effects of dust pollution and higher SPM level on marble and other building materials. To achieve this objective, periodical cleaning is being carried out on different structural members of the Taj Mahal using effective but safe methods. This minimizes the possibility of chemical interaction of pollutants with building material. It has also been submitted that the cleaning method in practice effectively removes the superficial loose inert 17 surface deposits. It may not be effective for the cleaning of hard crust or the encrustations developed on the marble due to chemical interactions or mineralogical transformations. Since Marble is a hard stone having very low porosity, a preservative coat may not be effective to protect the surface from the adverse effects of possible impact of air pollutants. However this aspect is under consideration so that a safe yet effective preservative coating material may be identified and evaluated for its use. Treatment of Main dome of the Taj Mahal is under consideration.

52. The Committee desired to know from the Archaeological Survey of India as to why after spending so much of money, deposition of light absorbing particulate matter is causing substantial discolouration of the Taj Mahal. The Committee also asked Archeological Survey of India to submit a report stating factual position with definite time lines regarding the scientific conservation of Taj Mahal. Thereafter the ASI forwarded an Action Plan to mitigate the yellowing of the marble of Taj Mahal (Annexure-III) which provides a phase-wise action plan for the scientific conservation of Taj Mahal.

53. When asked about the steps taken to reduce discolouration of Taj Mahal, the ASI stated that they had installed Air Pollution Monitoring Station in the premises of Taj Mahal that continuously monitors the ambient air quality in the vicinity of Taj Mahal and the effects of pollution on Taj. ASI also undertakes cleaning of marble surfaces of Taj through chemical treatment of the façade using very safe conservation measures. At present, Clay Pack method is being used very effectively to remove harmful surface deposits from the marble surface and to maintain the aesthetic beauty of the Taj Mahal. This method is considered very safe as it involves minimal use of chemicals and almost no mechanical efforts.

54. The Committee visited the Taj Mahal complex on the 11th April 2015. The Committee observed that damage had been caused to the Taj Mahal over a period of time. The Committee inspected the conservation work being carried out by Archaeological Survey of India and was of the view that the repair/conservation work at the Taj Mahal was not satisfactory. The Committee also observed that the interiors of the circular rings on the minarets had become dirty and turned blackish. Further, the interiors of the mausoleum, including the chambers of the inner dome and floral panels had become dirty and required scientific cleaning.

55. The Committee is of the view that increased pollution is taking a toll on the Taj Mahal. The sorry state of affairs at Taj Mahal clearly indicates that concerned authorities have failed to devise a co-ordinated action plan to fully comply with the orders of the Supreme Court and to discharge their duties with regard to preservation of the Taj. Although some steps have been taken in this direction, a lot more needs to be done within a specified time frame. The Committee recommends that the Archaeological Survey of India should take urgent remedial measures for completion of works at the site. The Committee also recommends that the Archaeological Survey of India should explore the possibility of utilizing the expertise of foreign experts, if required, for the conservation/preservation of Taj Mahal. Further, the Archaeological Survey of India should prepare a holistic and comprehensive action plan for the protection and conservation/preservation of Taj Mahal, to be implemented within a time bound manner. 18

CONCLUSION

56. The Committee is of the view that Taj Mahal is a symbol of India’s national pride and heritage and a multi-pronged strategy is required to address the challenge of preserving the pristine beauty of this world famous historic monument. The Committee, therefore, recommends that all concerned Central and State Government agencies and the public at large should come together and work in coordination with each other to reduce the pollution level in TTZ and to ensure that the glory and beauty of Taj Mahal is restored not only for today but for years, decades and centuries to come. The Committee further recommends that the orders of the Hon’ble Supreme Court on whole are faithfully implemented in letter and spirit and in case any clarifications/ modifications are required with regard to the directions/orders issued by the Hon’ble Supreme Court, a suitable application for the same may be made before the Court.

57. The ASI has submitted an interim Action Plan for preservation of the Taj. The Action Plan should be strictly implemented and a monthly progress report is submitted to the Ministry of Environment, Forest and Climate Change in this regard until all the actions proposed in the said plan have been fully implemented. RECOMMENDATIONS/OBSERVATIONS—AT A GLANCE

1. The Committee is aghast to note that no administrative setup has been constituted for TTZ Authority and as such no mechanism is available to implement the decisions of the TTZ Authority. As admitted by TTZ Authority, for all practical purposes TTZ Authority is not functioning optimally as it consists of only members with no supporting staff. Further, no budget is allocated for proper functioning of TTZ Authority. The Committee is at a loss to understand as to how the TTZ Authority, created to monitor progress of the implementation of various schemes for protection of the Taj Mahal and programmes for protection and improvement of the environment in the said area, has been functioning since its creation in 1999. The Committee, therefore, recommends that Ministry of Environment, Forest and Climate Change should provide the necessary financial support, manpower and infrastructure to the TTZ Authority without any further delay, so that it is able to effectively discharge its functions. (Para 9)

2. The Committee takes note of the recent measures taken by the TTZ Authority and its future plans to reduce pollution in the area to minimize its adverse effects on the Taj MahaI. The Committee recommends that these measures should be implemented in true spirit and within a specified time frame through an interactive engagement between the State Government, Municipal and Central Government agencies. Effective steps should be taken by all the concerned authorities to ensure that the future of Taj as a symbol of India’s cultural heritage is not hostage to environmental degradation. (Para 21)

3. The Committee is of the view that planting trees is one of the most effective ways to combat air pollution. Deforestation and cutting of trees plays havoc on environment. The Committee, therefore, recommends that massive afforestation exercise should be undertaken by the TTZ Authority, which is not an expensive affair but can contribute a lot towards solving the problem of pollution plaguing the city of Taj. The TTZ Authority should also consider involving NGOs/local populace and private sector in the afforestation activities. The concerned authorities should also consider planting trees on the sides of the Yamuna Expressway. The Committee also recommends that the Union Ministry of Environment, Forest and Climate Change and the State Government should devise a coordination mechanism and ensure massive afforestation and plantation activities in the TTZ Area. (Para 24)

4. The Committee observes that the State Government of Uttar Pradesh has expressed its inability to provide funds for management plan of improvement in air quality in TTZ. The Committee is of the view that a project of national importance such as Taj cannot be allowed to suffer due to shortage of funds/want of matching contributions by the State Government in providing the necessary financial assistance for the projects recommended by NEERI. The Committee feels that the

19 20

Central Government should take the initiative to impress upon the Government of UP to contribute its share for the implementation of the projects to the extent possible and whatever shortfall is there, should be provided by the Central Government. (Para 28)

5. The Committee feels that increased vehicular traffic in Agra is becoming a huge source of pollution and is one of the factors adversely affecting the Taj Mahal. The Committee notes the steps taken by the Government to contain vehicular pollution and recommends that measures taken should be implemented strictly to obviate any relaxation so that the beauty of the Taj could be saved. (Para 32)

6. The Committee notes with concern the sources of industrial pollution in TTZ Area, which have been adversely affecting the Taj Mahal. The Committee recommends that Government should look into the allegation of illegal expansion of factories which were emitting O2, sulpher and petro coke and did not comply to the pollution norms, in violation of the orders of Supreme Court and take not only necessary punitive action but preventive measures too against such industries. The concerned authorities should also ensure that air pollution control systems (APCS) are installed in these air polluting units. The Committee also recommends that the Government should not only encourage the industries, including the petha and bangle units, to shift to designated areas but also facilitate their efforts to shift to new places. (Para 36)

7. The Committee is of the view that use of DG sets in TTZ Area is one of the major sources of air pollution, which has been adversely affecting the beauty of the Taj. The Committee recommends that the Government of Uttar Pradesh must make all out efforts to implement the direction of Hon’ble Supreme Court regarding 24-hour power supply to the TTZ area so that the use of DG sets is avoided and its adverse impact on the Taj Mahal be minimized. (Para 39)

8. The Committee feels that by not fully implementing the Supreme Court direction of 24 hour electricity supply to the TTZ, the TTZ Authority was making itself liable for contempt of Supreme Court. The TTZ Authority has also not sought any exemption from the Supreme Court in this regard. The Committee therefore, recommends that in order to avoid contempt of Court, the TTZ Authority should approach the Supreme Court and highlight the constraints in providing 24 hour power supply in TTZ areas and seek an amendment of the direction issued in this regard, till such time they are able to provide 24 hour power supply in the area. (Para 40)

9. The Committee is of the view the cremation ground close to the Taj Mahal adversely affects the Taj Mahal. The Committee recommends that there should be no let up in the efforts of the Government to shift the cremation ground and to make people understand to switch over to the electric crematorium to burn their dead in an eco-friendly manner to save the Taj from its adverse effects. (Para 42)

10. The Committee is of the view that degradation of Yamuna bed is quite evident and is visible to the naked eye. The Committee is unhappy to note that not only the 21 capacity of the sewerage plants inadequate but some of these plants are not functioning to their full capacity or have to run on DG sets. The Committee recommends that steps should be taken to strengthen the management of solid and liquid municipal waste infrastructure in the Agra city. The Committee also recommends that the concerned authorities should ensure that there is no dumping of solid or liquid waste from within the municipal limits of Agra into the Yamuna bed, without requisite treatment. The effluents related to waste water and sewage surrounding the Taj Mahal should be properly treated before its discharge in the designated areas. Necessary steps should - also be taken to stop the bathing of buffalos/animals in the river Yamuna/water bodies around the Taj Mahal immediately. (Para 44)

11. The Committee is of the view that the Taj Mahal is losing its sheen because of lack of water body behind it. The Committee feels that construction of the Agra Barrage can permanently solve the water crisis of the city and also give a very scenic view of the Taj Mahal to the tourists. However, how and from where water will come to Agra has to be explored. The Committee has been given to understand that no survey has been conducted so far to try to explore the potentialities of water in the region. The Committee, therefore, recommends that a survey should be undertaken for mapping the sources of water in the TTZ area at the earliest. The Committee also recommends that the Government should explore all probable options including consulting Union Ministries of Water Resources and Irrigation to devise a mechanism to have water flown into at least in the periphery of Taj Mahal. (Para 46)

12. The Committee is of the view that leather tanneries have a huge polluting effect. Although the Committee has been informed that the only leather factory in Agra is equipped with Effluent Treatment Plant, the Committee suggests that Government should ensure that the leather tannery at Agra does not have any adverse effect on river Yamuna. (Para 48)

13. The Committee is of the view that increased pollution is taking a toll on the Taj Mahal. The sorry state of affairs at Taj Mahal clearly indicates that concerned authorities have failed to devise a co-ordinated action plan to fully comply with the orders of the Supreme Court and to discharge their duties with regard to preservation of the Taj. Although some steps have been taken in this direction, a lot more needs to be done within a specified time frame. The Committee recommends that the Archaeological Survey of India should take urgent remedial measures for completion of works at the site. The Committee also recommends that the Archaeological Survey of India should explore the possibility of utilizing the expertise of foreign experts, if required, for the conservation/preservation of Taj Mahal. Further, the Archaeological Survey of India should prepare a holistic and comprehensive action plan for the protection and conservation/preservation of Taj Mahal, to be implemented within a time bound manner. (Para 55)

14. The Committee is of the view that Taj Mahal is a symbol of India’s national pride and heritage and a multi-pronged strategy is required to address the challenge of preserving the pristine beauty of this world famous historic monument. The Committee, therefore, recommends that all concerned Central and State Government 22 agencies and the public at large should come together and work in coordination with each other to reduce the pollution level in TTZ and to ensure that the glory and beauty of Taj Mahal is restored not only for today but for years, decades and centuries to come. The Committee further recommends that the orders of the Hon’ble Supreme Court on whole are faithfully implemented in letter and spirit and in case any clarifications/modifications are required with regard to the directions/orders issued by the Hon’ble Supreme Court, a suitable application for the same may be made before the Court. (Para 56)

15. The ASI has submitted an interim Action Plan for preservation of the Taj. The Action Plan should be strictly implemented and a monthly progress report is submitted to the Ministry of Environment, Forest and Climate Change in this regard until all the actions proposed in the said plan have been fully implemented. (Para 57) MINUTES

VII SEVENTH MEETING

The Committee met at 11.00 A.M. on 10th January, 2015 in Committee Room ‘A’, Ground Floor, Parliament House Annexe, New Delhi.

MEMBERS PRESENT 1. Shri Ashwani Kumar — Chairman

RAJYA SABHA 2. Shri Bhupinder Singh 3. Shri Ronald Sapa Tlau

LOK SABHA 4. Shri Prabhatsinh Pratapsinh Chauhan 5. Shri Ninong Ering 6. Dr. K. Gopal 7. Shri Daddan Mishra 8. Shri Harinarayan Rajbhar 9. Shri Kirti Vardhan Singh 10. Shri Nagendra Singh 11. Shrimati Renuka Sinha 12. Shri Vikram Usendi 13. Shrimati Vasanthi M.

SECRETARIAT Shri M.K. Khan, Joint Secretary Shri Rohtas, Director Shri Rajiv Saxena, Assistant Director

Representatives of the Ministry of Environment, Forests and Climate Change 1. Shri Ashok Lavasa, Secretary 2. Shri Susheel Kumar, Addl. Secretary 3. Shri Bishwanath Sinha, Joint Secretary 4. Shri V.N. Garg, Principal Secretary, Environment (UP) 5. Shri J.S. Yadav, Member Secretary, Uttar Pradesh Pollution control Board 6. Shri Sayyed Javed Abbas, Chairman, Uttar Pradesh Pollution control Board 7. Shri Pradeep Bhatnagar, Chairman, TTZ Authority 8. Dr. A.B. Akolkar, Member Secretary, Central Pollution control Board. 25 26

Representatives of the Archaeological Survey of India

1. Dr. Rakesh Tewari, Director General

2. Dr. K.S. Rana, Joint Director General

2. At the outset, Chairman of the Committee welcomed Secretary, Ministry of Environment, Forests and Climate Change; DG, Archeological Survey of India; Chairman, Taj Trapezium Zone Pollution (prevention and Control Authority); Chairman, UP Pollution Control Board (UPPCB) and other officers present in the meeting of the Committee. Thereafter, in his opening remarks he underlined a recent study conducted by two scientists from IIT, Kanpur, which appeared in the Journal ‘Environmental Science and Technology of American Chemical Society’, wherein the discolouration of the Taj Mahal due to particulate carbon and dust deposition generated from combustion of fossil fuel and biomass has been found. He asked the Secretary, Ministry of Environment, Forests and Climate Change to inform the Committee about the amount allocated under the head of environmental management in heritage and tourist centres including Taj protection together with the funds utilised during the Twelfth Five Year Plan. Then, he asked Chairman, UP Pollution Control Board to apprise the Committee of all the major steps taken to reduce pollution in Agra in general and near Taj in particular. Chairman, Taj Trapezium Zone Authority was asked to brief the Committee whether the Authority was functioning effectively and the budget allocated was sufficient. DG, Archeological Survey of India (ASI) was asked to apprise the Committee about the conservation works undertaken at the Taj together with the reasons for discolouration of the Taj Mahal despite spending so much of money.

3. Responding to the query of the Chairman, Secretary, Ministry of Environment, Forests and Climate Change highlighted that the air quality in Agra and the surrounding areas was being regularly monitored by different agencies including the Central Pollution Control Board, the ASI and UPPCB and the monitoring data was reported to the Supreme Court periodically. Regarding the article appearing in the Journal, he told that the Ministry did not have an authentic version of the article because it was not yet published. However, as reported in the media and considering the fact that the Archeological Survey of India (ASI) was associated with that Study, the ASI would take all corrective measures which were required to be taken.

4. Thereafter, Chairman of the Taj Trapezium Zone (TTZ) made a Power Point presentation. During the presentation, one of the Members asked the effect of the river flowing behind the Taj. Chairman, TTZ stated that it was causing problem because the water in the river was highly polluted. Another Member desired to know whether infrastructure development activities like development of green belt, etc. being undertaken around Taj Mahal were approved by DG, ASI. The Chairman replied that developing green belt and such other infrastructure facilities like laying of sewage lines, pipelines and water supply, etc. being essential services, does not require ASI approval.

5. DG, ASI stated that dust particles on the surface of the Taj Mahal were being regularly cleaned with human intervention. As far as, the stone surface absorbing pollutants in the porous surface, more effective measures needed to be taken. Treatment of dome of Taj Mahal was under consideration as there were some problems for raising scaffolding and load bearing capacity of that portion was to be examined. He further added that the paper on discolouration 27 of the Taj needed to be discussed by the scientists so as to arrive at a considered conclusion and take remedial measures accordingly.

6. The Chairman observed that ASI being primarily responsible for maintaining the Taj Mahal in good order, needed to proactively work on this. He asked both the ASI and the TTZ to give a specific note to the Committee within 2 to 3 weeks in consultation with the Ministry of Environment, Forests and Climate Change pointing out their assessment where we were headed for.

7. One of the Members desired to know as to whether the cremation ground located close to the Taj Mahal could be shifted from there. Chairman, TTZ responded by saying that it was there, for hundreds of years and to shift it from there was a sensitive issue. However, an electrical crematorium had been built next to the cremation ground.

8. Chairman asked the Secretary, Ministry of Environment, Forests and Climate Change as to whether a meeting regarding the expansion of new gas based industries and expansion of production capacity of existing glass and other industries in the TTZ area was held on the 15th October, 2014. Additional Secretary admitted to have called a meeting in view of a lot of VIP references and complaints. Then, the Chairman drew the attention towards the fact recorded in the minutes of that meeting that pollution had increased, violations had occurred, industries had increased and the existing units had gone in for expansion. The Chairman also expressed his concern over the fact that the Supreme Court orders of 1996 had not been implemented in a manner that would reduce pollution and remarked that this was the point of worry.

9. The Committee decided to visit Agra to have first hand information on the pollution mitigation measures taken by the concerned authorities and their effects, sometime in mid February, 2015. The Committee authorised Chairman of the Committee to seek necessary permission from the Hon’ble Chairman, Rajya Sabha for the proposed visit and for interaction with the State Government and other concerned authorities.

The meeting adjourned at 12.30 P.M. XVIII EIGHTEENTH MEETING

The Committee met at 3.00 P.M. on Friday, the 3rd July, 2015 in Committee Room ‘B’, Ground Floor, Parliament House Annexe, New Delhi.

MEMBERS PRESENT 1. Shri Ashwani Kumar — Chairman

RAJYA SABHA 2. Shri Prem Chand Gupta 3. Shri Paul Manoj Pandian 4. Shri Arvind Kumar Singh 5. Shri Bhupinder Singh

LOK SABHA 6. Shri Prabhatsinh Pratapshinh Chauhan 7. Shri Laxman Giluwa 8. Dr. K. Gopal 9. Shri Daddan Mishra 10. Shri Nagendra Kumar Pradhan 11. Shri Harinarayan Rajbhar 12. Shri Kirti Vardhan Singh 13. Shri Nagendra Singh 14. Shri Vikram Usendi 15. Shrimati Vasanthi M.

SECRETARIAT Shri M. K. Khan, Joint Secretary Shri Rohtas, Director Shri V. S. P. Singh, Joint Director Shri Rajiv Saxena, Assistant Director

2. At the outset, the Chairman welcomed the Members of the Committee and informed them that the meeting had been convened to consider and adopt the draft 262nd *** report

*** Relates to other matter.

28 29 on ‘Effects of Pollution on Taj’ *** to review various Acts administered by Ministry of Environment, Forest and Climate Change respectively.

3. After a brief discussion, the Committee adopted the 262nd report ***

4. * * *

5. * * *

6. The meeting of the Committee, then, adjourned at 4.05 P.M.

*** Relate to other matters.

ANNEXURES

ANNEXURE-I

The list of members of NGOs/Civil Society present in the meeting held on 10th April 2015 with the Department-related Parliamentary Standing Committee on Science and Technology, Environment and Forests at Agra.

1. Dr. R.S. Parikh, Agra Citizens Council

2. Shri Raman, Member Monitoring Committee (Supreme Court)

3. Shri Kishan Chand Jain, Agra Development Foundation

4. Dr. Ranjna Bansal, Agra Development Foundation

5. Shri Rakesh Garg, Agra Development Foundation

6. Shri Rajeev Narain, Joint Secretary, SPHEEHA, Agra

7. Prof. Rohit Srivastav, SPHEEHA, Agra

8. Piof. Sant Prakash, SPHEEHA, Agra

9. Shri Prem Prashant, Vice President, SPHEEHA

10. Shri Bhuvesh Agarwal, National Chamber of Industry and Commerce (NCIC), U.P., Agra

11. Shri C.J. Thapar, President, Agra Mandal Vyapar Sangh, (AMVS), Agra

12. Shri Amar Gupta, NCIC, Agra

13. Shri Rajesh Goyal, Vice President, NCIC

14. Shri Narinder Singh, Pollution Chairman, AMVS & NCIC

15. Shri Manoj Bansal, NCIC & AMVS

16. Shri Govind Agarwal, AMVS

17. Shri Parsa,

18. Shri Ravi Singh

33 ANNEXURE-II

RAMAN

Member, Monitoring Committee (S. C.) 23/173, Motilal Nehru Road, M.A., A.M.B.IF., M.IIF., D.S.S. AGRA-282004 M.No.9837.572388

Date: 10.04.2015

Before Hon’ble Parliamentry Committee,

Camp Agra

It is submitted that TTZ and TTZ authority were basically formed 10 protect Taj from air pol1ution and to protect and improve total environment in TTZ area. .

Inspite of all efforts by Hon’ble Supreme Court and Government of India schemes for improvement could not be executed for want of Following basic requirements:-

1. Non availability of secretariat and required officers, engineers, scientists and staff. The TTZ authority may be created on the lines or Noida and Greater Noida for tourism industry.

2. Non availability of budget for TTZ.

3. Central allocation for TTZ is lapsing for want of matching budgetary provisions by the State.

4. Non availability of actual basic data with various departments and comprehensive planning.

For Example

(a) Currently the largest air polluting source is heavy and unregulated haphazard traffic, increasing every day without any scientific basic data, study and planning. Unfortunately this problem is increasing by leaps and bounds. On the contrary schemes have been executed which arc making the traffic problem of Agra irrevocable, for example large buses are being plied irrespective of width of roads and inability to remove temporary and permanent encroachments. This also help in creating an atmosphere for traffic which will be congenial for increasing tourism in Agra, as tourism is the only possibility for development and employment for the local people as industries have been banned in the TTZ.

34 In a study done by Sh. Sanjeev K. S. Yadav a Lecturer of HBTI Kanpur on air pollution in and around Taj Mahal recommended limiting the entry of heavy vehicle in the district and increasing the green belt around Taj from 12 km. to 20 km.

(b) Drinking water and Yamuna

The condition of and quality of water in Yamuna is well known to Central Pollution Control Board, U.P. Pollution Control Board, Irrigation Department and Agra Nagar Nigam. The quantity of water degrees inspite of quality of Yamuna water being unfit for human consumption unless it is treated by latest sophisticated technology like MBBR. The difficulty increases with the summer.

If above issues are taken proper care after proper detailed study, as some or them have also been recommended by NEERI, Nagpur in its ENVIRONMENT MANAGEMENT PLAN for TTZ prepared in 2013. Air pollution and total atmosphere and environment can be improved keeping in view Taj in centre of the focus to develop tourism as the potential employment provider for the local residents, who have been denied employment by closing lot of cottage small industries such as foundrics, engineering, diesel engine etc.

By providing TTZ authority with proper facilities physical results on ground can be achieved and will improve environment, law and order situation, traffic, drinking water, solid waste and Yamuna as only source of drinking water.

A small committee may be appointed to verify the above facts from the documents and files of TTZ for proper studies and execution, even Hon’able Supreme Court can also be approached, as the TTZ matter is being regularly looked after by Hon’ able Court which has shown its displeasure on the pace and quality of work being executed in TTZ area.

Being a senior citizen and environmental activist at Agra apart from being a member of the Monitorting Committee appointed by Hon’ble Supreme Court and also being associated with the TTZ authority I will be failing in my duty if I do not bring these issues before the Hon’ble Parliamentry Committee.

Sd/-

RAMAN FINAL REPORT

COMPREHENSIVE ENVIRONMENTAL MANAGEMENT PLAN (CEMP) FOR TAJ TRAPEZIUM ZONE (TTZ) AREA

Sponsor

Agra Development Authority (ADA) AGRA

CSIR-National Environmental Engineering Research Institute (NEERI), Nehru Marg, Nagpur-440 020 (INDIA)

December,2013 36 37

Shifting of industries in Agra– Dairies, petha

Shifting of industries in Agra– Tannery, electroplating and leather

Establishment of new industrial estate at Firozabad

Based on the analysis of secondary data, it is felt that solid waste management problem is one of the major issues emerging out due to the activities of industries. Uncontrolled disposal of waste is likely to affect health, environment and aesthetics. Other towns under TTZ are lagging behind in developing appropriate MSW management system. Though the task of improvement has been initiated through various proposals under different schemes (JNNURM etc.), the development is in preliminary stage in these towns Quality of SWM service is low in some parts of Agra also. Biomedical waste management is another aspect which needs more improvement in Agra, Firozabad, Fatepur-Sikri, Mathura and Bharatpur.

6.5 Suggested Administrative Mechanism for Effective and Efficient Functioning of TTZ Authority

For effective functioning, execution and monitoring of various schemes for the conservation of Taj Mahal, a secretariat for the TTZ Authority is suggested as per the details given below:

(i) Structure of TTZ Authority : There shall be secretariat, chaired by the Commissioner, Agra Division, Agra assisted by a Member Secretary not below the rank of officer of any cadre (IAS/IFS) with supporting staff and an independent office. Necessary annual budgetary provision shall be made available for the functioning of the officers and the staff of this secretariat.

(ii) Function of the Secretariat : Member Secretary of the Authority shall coordinate all the official meeting/inspection/monitoring after approval from the Chairman of the TTZ Authority/Commissioner, Agra.

(iii) Objective of the Authority: Implementation of the orders of the Hon’ble Supreme Court of India passed from time to time in various writ petitions and monitoring on regular basis and submission of report before the Supreme Court through Amicus Curiae, as and when required.

(iv) Funding of the Authority: Annual budgetary provisions for the official functioning of the TTZ will be carried out by the State of Uttar Pradesh. The funding can also be generated/realized as penalty from the agencies violating the order of the Supreme Court of India with respect to TTZ Authority. The interest accrued form the penalties imposed by the Court can to be utilized for smooth functioning of the TTZ Authority. This may reduce the budgetary burden of the State.

(v) Since Agra is the most important tourist destination of the country, it needs urgent attention of the executives of the State as well as Central Government There needs to be two tier Committees – one at Government of India level and second at the level of State of Uttar Pradesh it is important because all the 38

development activities are not only of serious concern by also are being closely monitored by the Apex Court of the country

Central Government should constitute a Monitoring Committee under the Chairmanship of the Cabinet Secretary, Government of India, with Secretary of Forests and Environment, Planning Commission, Water Resources, Tourism, Expenditure/Finance Central Water Commission, Surface Transport, Chairman, CPCB and Chief Secretary, Government of Uttrar Pradesh as members. This Committee shall annually decide on the recommendations of the Standing Committee for providing all support – technical, financial and administrative, as desired by the Standing Committee. An Annual Report may be placed by the TTZ Authority on the progress made by both Committees

Similarly, Government of Uttar Pradesh should constitute another Committee called the Standing Committee under Chairmanship of the Chief Secretary of the State assisted by Planning, PWD, Irrigation, DG, Tourism and Commissioner Agra (as Member Secretary) TTZ Authority after detailed consultation with local people and their needs while preserving the glory of TAJ shall formulate the Five Year Plan under the ambit of EMP for future course of action and submit before the Standing Committee of the State. After detailed deliberations on the proposed action plan this Committee shall suggest appropriate financial provision and facilitate administrative support for execution in true spirit Recommendations of this Committee should be sent to the Central Monitoring Committee and placed before Supreme Court through the Amicus Curiae.

(vi) All developmental planning in TTZ areas should be in coherence with the Master Plan of the concerned area and EMP (Environmental Management Plan) 39 Agra Development Foundation

“SGI Tower”, 500 Mtrs. from Bhagwan Takies towards Regd. Office Agra- Mathura Highway (NH-2), Agra -282002. Phone: 0562-2522442, 2526758, Fax: 0562-2850274

Hon’ble Chairman Parliamentary Committee of Environment

Hon’ble Sir,

The directions given by the Hon’ble Supreme Court in order dated 13.02.2006 in IA No. 387 & 389,390 passed in CMWP No 13381 of 1984 still await for implementation and particularly about tapping of two Nalas namely, Nala Mantola and Shamshan Nala.

Suitable directions to the concerned authorities may given for compliance of the above directions dated 13.02.2006 of the Hon’ble Supreme Court for protection of the monuments and for improvement of the environment.

Submitted

For Agra Development Foundation

Sd/- Sd/- KC Jain Secretary 40

Report of the Committee constituted by the Hon’ble Supreme Court for eco-restoration of the area disturbed by reason of the constructions made pursuant to the Taj Heritage Corridor Project

In Compliance with the order of Hon’ble Supreme Court dated December 5, 2005 in IAs 387 and 389-390 in Writ Petition (Civil) No. 13381 of 1984

February, 2006 41

BACKGROUND

On December 5, 2005 the Hon’ble Supreme Court issued the following order in IAs 387,389 and 390 in CMWP 13381/1984;

For the purpose of facilitating the rehabilitation of the area which was disturbed by reason of the constructions made pursuant to the Taj Heritage Corridor Project, we set up a Committee which shall consist of following members:

(a) Mr. Krishan Mahajan, Advocate, Supreme Court of India,

(b) Dr. R. C. Trivedi, Scientist, Central Pollution Control Board;

(c) Representative of the Ministry of Environment and Forests,

(d) The Superintendent, Archeological Survey of India, Agra Circle; and

(e) An Expert to be nominated by the Central Pollution Control Board

The Ministry of Environment and Forests as well as the Central Pollution Control Board shall name their representative to be member of the Committee, within a week from date.

The Committee shall submit a report in respect of the following matters:

(i) Removal of the debris; and

(ii) Taking of further steps to ensure that the maximum protection is given to the environment in and around the Taj, including the cost of removal of debris and the embankment, if necessary.

It is made clear that at the outset the Committee will note in detail the present status of the environment including the steps taken for the construction of the Taj Heritage Corridor and in particular take an inventory of the debris.

The expenses of the Committee shall be met by the Ministry of Culture.

The Committee will submit its report within a period of eight weeks from the date of its constitution.

THE COMMITTEE

Pursuant to the above order of the Hon’ble Court, following Members were nominated by various Departments:

(1) Nomination from Ministry of Environment: Dr. (Mrs.) Saroj, Additional Director, MoEF, New Delhi

(2) Nomination from Central Pollution Control Board: Dr. C. S. Sharma, Senior Scientist, Central Pollution Control Board, Delhi

(3) Archaeological Survey of India: Dr. D. Dayalan, Superintending Archaeologist, Agra Circle 42

In order to assess the quantum of work done and the existing status of the disturbed area, the Committee met on December 28, 2005, the Chairman & Managing Director, National Projects Construction Corporation (NPCC) and his concerned officers to examine the Project Reports, Drawings and other related documents at their Faridabad Office. The Committee carried out on December 29, 2005, a detailed survey of the disturbed area by physically verifying on its own the entire stretch of Components A and B that is beginning from behind the Agra Fort till the end of the Shamshan Ghat adjacent to the Taj and from Rambagh to Jagdamba College. Dr. (Mrs.) Saroj, MoEF was unable to join the Committee on this visit. The Committee had further meetings in Delhi on January 9, 23 and 27, 2006.

The Jan 9 meeting was held with the Experts from Central Water & Power Research Station, Khadakvasla, Pune and 61T, Roorkee, Dr. M. K. Pawarand Prof. Arun Kumar respectively. This meeting was held in the presence of the technical experts of NPCC. The zep mao+ve findings and plans arising from the field visit of the Committee were discussed with these technical experts. Dr. Pawar gave a presentation of the methodology and the model used for assessing the effect on the,concerned monuments, of the constructions carried out in the disturbed area under the Taj Heritage Corridor Project. The Committee members Dr. Miss Saroj from the Union Environment Ministry and Mr. Dayalan from the ASI, Agra, were present throughout this meeting which elicited the response from the technical experts concerning the field study findings.

The possible alternatives and options for eco-restoration of the disturbed area were discussed on Jan 23 and 27, 2006 in the context of the Jan 9 responses of the technical experts. In these two meetings Dr. Dayalan of the ASN, Agra could not be present. These meetings also included discussions with the concerned NPCC officials.

In the light of all these inputs the Committee is presenting this report on the present status of the environment of the disturbed area including an inventory of the construction works done in this area/the steps taken for the construction of the Taj Heritage Corridor and its recommendations in respect of the removal of debris as also taking of further steps to ensure the maximum protection to the environment in and around the Taj. The Committee has also tried to estimate the costs which must necessarily be finally determined by the actual executing agency on the basis of a precise calculation of the work involved.

PRESENT STATUS

On reaching Agra the Committee held a detailed meeting with Dr. D. Dayalan, Superintending Archaeologist, ASl, Agra Circle. After a detailed discussion and examination of literature concerning the Taj, the Committee started on its field visit from behind the Agra Fort, near the Railway Bridge. The Committee undertook an extensive survey of the work already done in what has been called in the project as Component A. The Components of the Project are shown in Fig. 1 and the Layout is shown in Fig. 2. The Committee observed that:

COMPONENT ‘A’

(i) A reinforced concrete path resting on pillars sunk into the river bed parallel to the River Yamuna from Agra Water Works almost upto Railway Bridge at Belanganj. The structure is incomplete. No one was able to tell us as to why 43

this structure had been constructed. A photograph of the concrete structure as it existed two years ago and the photograph showing its current status of overgrown weeds and shrubs is annexed as Fig. 3 and Fig. 4 respectively.

(ii) A red stone wall of about 1.45 km length and approx. 1 metre height had been constructed parallel to the river bed for making an embankment. This red stone wall had then been divided by slanting concrete walls sloping towards the river bed. The rectangles so formed had been filled with soil compacted and layered with red stones and cemented to hold these together. At the end of the sloping rectangles filled with stones a wall (toewall) had been constructed. The toewall is useful in two ways. It holds the end of the sloping embedded material. It also protects this materia! from the river’s water. The photographs showing the rectangles with the embedded stones and the toewall are annexed as Figs. 5 and 6 respectively.

(iii) This raised land on which the above construction has been done is now somewhat stabilized with the natural growth of a large number of bushes shrubs and patchy grass. This is shown by the photograph annexed as Fig. 7 and Fig. 5. (iv) The stone embankment is incomplete at some places. Stacks of stones used in the construction works are vying on the riverbed. This is shown by the photograph annexed as Fig. 9 and 9A.

(v) This entire construction had been done on the river bed which had been raised by filling and compacting soil to a height of about 3 to 5 mtrs. The entire soil for the filling has been dug and relocated from the river bed. This can be seen from the photograph annexed as Fig. 10.

(vi) At some places rain and run off water has cut the filled up land and formed gullies. Hence a portion of the filled in soil has been washed back to the river. In the process at some places the toewall has disappeared.

(vii) The Committee estimated the approximate quantities of major items construction material, which is as below: Approximate Quantities of Major Items of Construction Material Used

Sl. No. Item Component ‘A’

1. Earth work in filling 18,50,000 M3

2. Stone work for embankment 40,000 M3

3. Hume Pipe work 300 running mtrs.

4. Plain cement concrete 2,000 M3

WORK UNDERTAKEN NEAR SHAMSHAN GHAT

The Committee undertook survey of the construction work done in Component A near the Shamshan Ghat. The observations are: 44

(i) The red stone wall extends till the Shamshan Ghat Stairs.

(ii) Daily cremation is done with wood of a large number of dead bodies generating large amount of smoke in very close vicinity of Taj Mahal. Taj Mahal is about 100m east from Shamshan Ghat. A photograph showing the smoke is annexed as Fig. 11.

(iii) It is ironic that while use of coal has been banned; foundries and brick kilns using coal have been shifted or closed down and air pollution by traffic has been monitored and controlled by this Hon’ble Court, the authorities have quietly permitted the burning of wood in the immediate vicinity of the Taj.

(iv) The Electric crematorium developed adjcent to Shamshan Ghat is not operated because of irregular electricity supply.

COMPONENT ‘B’

The Committee undertook survey of the work already done in what has been called in the project as Component B. The observations are as below:

(i) The earth work at Component B head been done at about 13 km upstream of Road Bridge and stretched upto Jagdamba College about 2.3 km upstream of Rambagh Road bridge. A photograph showing this is annexed as Fig. 12.

(ii) The length of the earthen work measured along the river is 0.55 km, maximum width of earthen work undertaken is about 50m and maximum depth observed is about 2.5 mtrs from the river bed.

(iii) The earthen work had been undertaken in the form of a long strip, tapered on both the ends.

(iv) The total area of the earthen work is estimated at 6.23 hectare (15.4 acres). The filling of the construction work done has not been compacted at this site.

(v) A private college, Jagdamba Degree College is under construction and expansion on the filled up land of the river bed. The Committee caught an earthmover and loader being operated on behalf of the college to steal the soil from the raised riverbed formed by filling of soil under the Taj Heritage corridor project. The rough calculation of the mud stolen by the College is about 50,000 m3.

(vi) The Committee summoned the owner cum manager of Jagdamba College Sh. Chander Pal Sharma. He was asked to stop stealing this public property. He could not explain the extensive constructions made by him both below the level of the river on and around the river. He could not show any legal document of title to the land occupied by him. These constructions will hamper eco-restoration work. Hence it seems essential that an order be passed directing the Agra Revenue and Police authorities to ensure immediate stoppage of such illegal encroachment and constructions after demarcating clearly the river bed. Two photographs showing this are annexed as Figs. 13 and 14 respectively. 45

(vii) The Committee estimated the approximated quantities of major items of construction at Component B as below:

Approximate quantities of major items of construction material used

Sl. No. Item Component ‘B’

1. Earth Work in filling 4,00,000 M3

2. Stone work for embankment 5,000 M3 3. Hume pipe work Nil 4. Plain cement concrete Nil

The existing construction work in the disturbed area should not be undone. Consequently, there is no question of any large scale removal of debris. This is recommended for the following reasons: The mathematical modeling studies undertaken by CWPRS based on satellite data from year 1989 to 2003 and supported by soil data and field observation indicate that the influence of construction work, Component ‘A’ on river flow field is only local and the effect is dissipated before the river reaches Taj Mahal. At Taj, the hydraulic effect is negligible. The Component B did not show any impact on flow field at site itself or in the reach immediately downstream. The technical expert from the CWPRS as also the expert from lIT Roorkee concurred with this. From River Hydraulic view point, the earth work so far carried out as part of Taj Corridor Project will not have any significant impact on the Taj Mahal monument and surrounding environment, since the alteration in river conditions even at highest flood level is not very significant All the technical experts are unanimous on this. The Committee after studying the project documents, Technical Reports, Records as well as discussion and consultation with river hydrology experts and actual visit of the sites concluded that large scale undoing of the earthwork carried out under the Taj Heritage Corridor Project will further create environmental problems. Undoing of the huge amount of construction work will amount to large scale uprooting of the stabilized soil by digging and demolition of the concrete structures. This work will necessitate the use of diesel run machines for several months. Consequently this will be a self defeating remedy from the environmental and ecological viewpoint as large scale air, water, noise pollution will inevitably be generated in the immediate vicinity of the protected monuments. The undoing activity may loosen the soil and thus the soil becomes prone to erosion, which might have an effect on the Taj that cannot be predicted. Consequently there is need to observe the precautionary principle. There is also the question of salvaging the public money spent in the public interest. 46

2. The entire disturbed area in Component A and B should be converted into a dense green belt and a rain harvesting system with absolute minimal construction relating to these activities. This entire work should be under the control and suspension of the ASI which has already gained experience in implementing the court orders concerning the creation and maintenance of Mehtab Bagh on the basis of historical documents and principles of aesthetics. Needless to say the entire green area of Component A should be declared to be a part of the protected monuments of the Taj and Agra Fort. The whole green area will be an integrated complex having only walking mud tracks. This will clearly demarcate the walking area and thereby prohibit and protect the rest of the green area. The environmental benefits of this are:

3. Excellent protection to the protected monuments from air and water pollution.

Beneficial effects for the health of the people in Agra since the green belt will act as a sink for pollutants and thereby provide a’ green lung to the entire area. Microbial growth in the soil due to the greening will help in filtering the pollutants.

Conservation of rain water by enhancing percolation and thus recharging the groundwater acquifiers in a water scarce and saline water area.

Provides adequate ecological habitat for wildlife: Leaf litter is the base food source for many stream ecosystem; green belt also provides woody debris that creates cover and habitat structure for aquatic insects and other fauna.

Preserves important terrestrial habitat; Riparian corridors are important transition zones, rich in biological species.

Essential habitat for amphibians: Amphibians require both aquatic and terrestrial habitats and are dependent on riparian environments to complete their life cycle.

Increased scenic beauty around heritage monuments as a visual delight of serenity.

Protection against soil erosion near the monuments. The roots of trees, planted after taking into account the visual, aesthetic and historical aspects, consolidate the soils of the disturbed area.

Natural landscaping will help in absorbing flood water during high flow condition in river.

4. Alternative facilities for the villagers in the villages surrounding the monument for watering their cattle, washing, bathing and public toilets. At present the villagers use the river and river bed near the monuments for these purposes. If this is not done then the green belt and green cover will be endangered seriousy,

5. Eco-restoration of Component-A mandatorily requires the trapping of the major drain called the Mantola Nala and of the smaller drain flowing from the Taj Western Gate to the Shamshan Ghat. The phasing and prioritization of the entire greening project depends on the time schedule for the trapping and treatment of the waste water in these drains. Since the major drain called the Mantola drain cuts through Component A, it is essential 47 that this drain be properly managed. Similarly the small drain in Component B needs to be lined so that the drain does not widen. This must be assured from the starting point of the drain.

6. The cremations done with wood need to be immediately shifted to another site while simultaneously ensuring full operation of the electric crematorium.

7. The unanimous view of all the technical experts is that the greening of Components A and B in the disturbed area has to be done together.

8. In the light of past experience the entire greening project should be under the monitoring of this Hon’ble Court.

9. Solar lighting of this river front development in Component A and B.

10. Immediate demarcation of the river bed and its protection from encroachment, occupation and building activity or any activity adverse to the river bank and the monuments on its bank. This should be done by the local revenue authorities in consultation with ASI.

COST ESTIMATION OF ECO-RESTORATION

Development of green belt on about 20 ha area on Component A and about 6 ha. on Component B. The estimated cost of development of green belt on one ha. of land including plantation, watering, nourishment and protection = R1.5 lakh per hectare. Therefore for development of green belt on site A and site B (total area 20 + 6 ha = 26 ha) will be 26x1.5 = R39 lakhs. This is based on the estimated cost of R90,000/hectare as approved by this Hon’ble Court about 10 year ago while ordering the development of the green belt under the auspices of the Monitoring Committee of this Hon’ble Court and cost escalation in the past ten years.

Estimated cost of establishment of rain water harvesting system with the help of Central Ground Water Board will be approx. R10.0 lakhs.

Estimated cost of completion of incomplete work of bank protection on Component A will be approx. R5.00 crores. Since there is no construction in Component B, the disturbed area should be simply greened.

Estimated cost of management of Mantola Nala in Component A@ R1.00 crore/ million litre per day flow (mid) for about 35 mid of wastewater flowing in the drain would be around = R35.00 crores. The estimated cost for the second Nala in Component A would be around 2 crores. The cost estimate does not include cost of speedy land acquisition, efficient running and regular maintenance with monitoring to ensure all these.

Implementation of solar lighting system. This should be done according to international norms for river front development involving protected monuments. The actual cost estimates will be done by Ministry of Non Conventional Energy, Government of India.

Total cost of eco-restoration = R42.5 crores approx.

Krishan Mahajan Dr. D. Dayalan Dr. (Mrs.) Saroj Amicus Curie Superintending Archaeologist Additional Director

Dr. Ramesh C. Trivedi Dr. C.S. Sharma Additional Director Senior Scientist Copy of Order passed by the Hon’ble Supreme Court on 13.2.2006 in I.As. No. 387 and 389-390 in CMWP 13381/1984

The recommendations made by the Committee appointed by this Court by its order dated 5th December, 2005 are accepted and directed to be implemented. The Archaeological Survey of India will oversee the implementation of the project and will consider the report and submit to this Court within a period of two weeks as to the necessary project costs for implementation of the project. List these applications after two weeks. 50

IN THE SUPREME COURT OF INDIA (Civil Original Jurisdiction) I.A. Nos. 387 and 389-390 IN

WRIT PETITION (C) No. 13381 of 1984

IN THE MATTER OF: M.C. MEHTA ...... Petitioner

Versus

UNION OF INDIA AND OTHERS ...... Respondents

REPLY ON BEHALF OF THE ARCHAEOLOGICAL SURVEY OF INDIA

I, V. Bakshi, S/o Late Shri Gurdasmal Bakshi, aged about 55 years resident of 114-G, Sector-IV, Pushp Villar, New DeIhi-ll0017, do hereby solemnly affirm and state as under:-

1. I am working as Assistant Director (Monuments), in the Archaeological Survey of India, Government of India, having its office at 11, Janpath, New Delhi-110011 and as such well conversant with the facts of the case from the records maintained in the office and competent and authorised to file the present reply affidavit on behalf of the Archaeological Survey of India (ASI).

2. That I am filing the present affidavit pursuant to the direction of this Hon’ble Court dated 13.2.2006 directing the Archaeological Survey of India to respond to the recommendations of the Report of the Committee constituted by this Hon’ble Court dated 5th December, 2005 in order to look into the rehabilitation of the area which was disturbed by reason of the constructions made pursuant to the Taj Heritage Corridor Project.

3. I submit that the Committee has recommended that the entire disturbed area in Component A and B should be converted into dense green belt and a rain harvesting system with absolute minimal construction relating to these activities. This entire work should be under the control and supervision of the ASI which has already gained experience in implementing the court orders concerning the creation and maintenance of Mehtab Bagh on the basis of historical documents and principles of aesthetics. Needless to say the entire green area of Component A should be declared to be a part of the protected monuments of the Taj and Agra Fort. The whole green area will be an integrated complex having only walking mud tracks. This will clearly demarcate the walking area and thereby prohibit and protect the rest of the green area.

4. I submit that the Report/Recommendation has been considered and it would be in the interest of the protected monument (Taj Mahal, Mehtab Bagh, Agra Fort,

50 51

Itmad-ud-daula, Chini-Ka-Roza and Ram Bagh) and the corridor that the area be developed into a green area under the control and supervision of the Archaeological Survey of India.

5. I submit that the recommendation for the present relate to Components A and B as depicted in fig. 1 of the Report.

6. I submit that in the interest of the monuments particularly Taj Mahal, Agra Fort and Mehtab Bagh that the area falling ill Component A & B be converted into a dense green belt with absolutely minimal constructions. The greening of the area may be undertaken by the Ministry of Environment and Forest. Thereafter the area may be handed over to the ASI for conservation and future maintenance. The Archaeological purvey of India would then be in a position to implement the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and the Ancient Mdnumets and Archaeological Sites and Remains Rules, 1959 as the same would prevent the activities that lead to the misuse/destruction of the area.

7. I submit that the funds and technical manpower for converting the area into a garden/green belt should be provided for by the Ministry of Environment and Forests as directed by this Hon’ble Court as funds for the development/ environmental activities in the Taj Trapezium Zone (TTZ) has always been provided by the Ministry of Environment and Forest, Government of India.

8. I submit that in the area to be developed as green belt in Component A, certain unused stones as seen in fig. 9 and 9A are lying stalked and needs to be removed for which necessary permission be given to the Archaeological Survey of India to get the same done.

9. I submit that all along the river side on the revetment wall (embankments) there are certain breaches/dislocations and same needs to be treated or got repaired without making any major reclamation/construction and necessary permission for getting the same done be granted.

10. I submit that there are two sewage lines passing through the said area of Component A which needs to be properly managed and unless the sewage lines is properly trapped and treated, it will adversely affect the area to be greened. For the said purpose the Central Pollution Control Board or any other appropriate authority may be directed to manage the sewage lines after initially treating the sewage before it enters into the area comprising area of Component A at a proper distance from the monuments and from the corridor area.

11. I submit that Recommendation No.4 providing alternate facilities for the villagers for watering their cattle, washing, bathing and public toilets as at present the villages use the river and the river bed near the monuments for these purposes necessitates issuance of directions to the Agra Development Authority and the State of Uttar Pradesh to take appropriate action at the earliest. If this is not done, the green. belt and green cover will be endangered seriously. 52

I submit that the Archaeological Survey of India endorses the other recommendations and prays for immediate directions from this Hon’bie Court to the concerned authorities to implement the recommendations.

I state that what is stated herein above is true and correct.

DEPONENT

VERIFICATION:-

I, the above named Deponent do hereby verify that the contents of Paras 1 to 11 of the above Affidavit are true and correct based on the knowledge derived from the records of the case. Nothing material is concealed therefrom.

Verified at New Delhi on this the day of March, 2006.

DEPONENT 53 Agra Development Foundation

“SGI Tower”, 500 Mtrs. from Bhagwan Takies towards Regd. Office Agra- Mathura Highway (NH-2), Agra -282002. Phone: 0562-2522442, 2526758, Fax: 0562-2850274

fnukad 10-04-2015 ekuuh; v/;{k egksn;] lalnh; lfefr fo"k;%& lsuk ds dCts ds dkj.k vkxjk fdyk lajf{kr Lekjd esa Mhty ds okgu ,oa [kkuk idkus ls gks jgs i;kZoj.kh; dkuwu ds mYya?ku dks jksdus ,oa mls [kkyh djkus gsrq Hkkjrh; iqjkrRo losZ{k.k dks nsus ds laca/k esaA vkxjk fdyk fo'onk; Lekjd gSaA tks fd 94 ,dM+ Hkwfe esa QSyk gqvk gS vkSj ftldh ifj/kh Ms<+ ehy yEch gS vkSj ftlds pkjkas vksj yky iRFkj dh nhokjsa cuh gqbZ gSA ;g fdyk eqxy okLrqdyk dk mR—"V mnkgkj.k gSA vkxjk fdyk ds ifjlj esa nks ntZu ls vf/kd lajf{kr Lekjd gSa fdUrq vkxjk fdyk dk 2@3 Hkkx lsuk ds dCtsa esa gS tgka ij vkxjk QksVZ lc fMiks ¼lh vks Mh½ gSA bl fdys dk vf/kdka'k Hkkx lsuk ds ikl gksus ds dkj.k fnYyh xsV dks ugha ns[kk tk ldrk gS tks fd fnukad 22-12-1920 dks lajf{kr Lekjd ?kksf"kr gqvk FkkA blds vfrfjDr lyhex<+ o ohjcy gkml Hkh lsuk ds dCtsa okys Hkkx esa fLFkr gSaA vkxjk fdyk ds vUnj j{kk foHkkx ds Mhty ds okgu tkrs gS rFkk j{kkdfeZ;kas ds }kjk ogka ij Hkkstu idk;k tkrk gS lwpuk vf/kdkj vf/kfu;e ds varxZr izkIr lwpuk i=kad 17546@buQks ,DV@, fnukad 8-2-2013 bl rF; dh iqf"V djrk gSA ¼izfr layXu½ ,slk fd;k tkuk i;kZoj.kh; dkuwuksa dk mYya?ku gSA ;g Hkh mYys[kuh; gS fd fnYyh dk ykyfdyk dk cM+k Hkkx Hkh lsuk ds ikl Fkk ftls fnukad 22-12-2003 dks lsuk }kjk , ,l vkbZ dks ns fn;k x;kA egksn; vkils fuosnu gS fd vkxjk fdyk dk tks Hkkx lsuk ds dCts esa gS ml fnYyh ds yky fdyk ds rtZ ij gh Hkkjrh; iqjkrRo losZ{k.k dks j[k j[kko gsrq miyC/k djk;s tkus gsrq vko';d laLrqfr ,oa funZs'k nsus dh —ik djsa rkfd i;kZoj.kh; dkuwuksa dk Hkh vuqikyu lqfuf'pr dks ldsaA

gLrk/- gLrk/- ¼jkds'k xxZ½ ¼ds-lh- tSu½ la;qDr lfpo lfpo vkxjk MoyiesUV Qkm.Ms'ku vkxjk MoyiesUV Qkm.Ms'ku 54

Tele Mil : 2109 REGISTERED BY POST Station Headquarters Agra PIN 900322 C/O 56 APO

17546/Info Act/A 08 February 2013

Shri KC Jain, Advocate 22/156, Motilal Nehru Road Agra-4 (UP)

APPLICATION UNDER RIGHT TO INFORMATION ACT-2005 SHRI KC JAIN 1. References:- (a) Your application dated 18 Jan 2013 received at this HQ under RTI Cell, ADG AE, G-6 D-1 Wing, Sena Bhawan, Gate No 4 IHO of Mod (Army), New Delhi letter No A/810027/RTI/4752/Tfr dated 06 Feb 2013. (b) Our letter No 17546/Info Act/A dated 15 Jan 2013. 2. Para-wise reply to your application is submitted here with:— (a) Question No. 1. Yes, a part of Agra Fort is presently occupied by army. (b) Question No. 2. Yes, military personnel live and cook their food there. (c) Question No. 3. Army vehicles including few diesel vehicles enter the Army part of the Arga Fort premises as on requirement basis. (d) Question No. 4. There is no proposal initiated from Station Headquarters to vacate the military occupied areas of the Agra Fort. However further correspondence on the subject if any required may be obtained from Ministry of Culture (ASI) (e) Question No. 5. Ministry of Defence may please be approached directly for ascertaining details. (f) Question No. 6. Ministry of Defence/Ministry of Culture (ASI) may please be approached directly for obtaining the correspondence. 3. In case you feel your request to furnish the information has been repudiated, you are entitled to prefer an appeal in terns of 7(8) (ii) of RTI Act 2005 to the appellate Authority within a period of 30 days at the following address:- Station Commander Appellate Authority Station HQ Agra Cantt.- 232001 Sd/- (SANJAY KAPOOR) Copy to:— Colonel RTI Cell Public Information Officer ADG AE For Appellate Authority 55

Dated: 18.1.2013

To,

The Public Information Officer, Ministry of Defence, Government of India, New Delhi.

Sub.: Information under S.6(1) of the RTI Act, 2005.

Sir,

The applicant shall be thankful if he is furnished the following information:–

1. Whether the Military is occupying a part of Agra Fort at Agra?

2. Whether the Military personnel live there and cook their food?

3. Whether the diesel vehicles enter in the Agra Fort precincts regularly?

4. Whether there is any proposal to vacate the military occupied area of the Agra Fort and to hand over to the Ministry of Culture (ASI)?

5. Whether any proposal to vacate the military occupied area of Agra Fort has been received by the Ministry of Defence, if so, its details.

6. Please also make us available the correspondence, if any, between the Ministry of Defence and the Ministry of Culture (ASI) concerning the vacation of the military occupied area of the Agra Fort.

The application fee of R10/- is being paid by enclosing herewith an Indian Postal Order of R10/- bearing No. 13F 313316.

Thanking you,

Yours faithfully

Sd/-

(KC JAIN) Advocate 22/156, Motilal Nehru Road, Agra-4 (U.P.) Agra Development Foundation

“SGI Tower”, 500 Mtrs. from Bhagwan Takies towards Regd. Office Agra- Mathura Highway (NH-2), Agra -282002. Phone: 0562-2522442, 2526758, Fax: 0562-2850274

Hon’ble Chairman Parliamentary Committee of Environment

Hon’ble Sir, The following significant direcrtions given in judgment dated 30.12.1996 in Writ No. 13381 of 1984 (MC Mehta v UOI) still remain to be implemented:— Construction of Agra bypass to divert all the traffic which passes through the city Under construction of this Court, 24 Kms stretch of the bypass shall be completed by the end of December 1996. To ensure 100 per cent uninterrupted electricity to the TTZ. This is necessary to stop the operation of generating sets which are major source of air pollution in the TTZ. The construction of Agra Barrage and water supply of Arga Barrage, have also been undertaken on a time schedule basis to supply drinking water to the residents of Agra and to bring life into River Yamuna which is next to the Taj (Court order dated 10.5.1996 and 30.08.1996). Sanctioning separate allocation for the city of Agra and the creation of separate cell under the control of Central Government to safeguard and preserve the Taj, the city of Agra and other national heritage monuments in the TTZ. Suitable directions to the concerned authorities may given for compliance of the above directions of the Hon'ble supreme Court for protection of the monuments and for improvement of the environment.

Submitted

For Agra Development Foundation

Sd/- Sd/-

KC JAIN Secretary

Office Bearers

PRESIDENT VICE PRESIDENT GENERAL SECRETARY JOINT SECRETARY TREASURER Mr. Puran Dawar Mr. Y.K. Gupta Mr. K.C. Jain Mr. Rakesh Garg Mr Chakresh Jain Ph. 0562-2642801 Ph. 0562-2526758 Ph. 0562-4000506 Ph. 0562-4004004 Ph. 0562-4054400 ESTD : 1949

NATIONAL CHAMBER OF INDUSTRIES & COMMERCE, U.P.

BHUVESH KUMAR AGARWAL RAJESH GOYAL AVNISH KAUSHAL SANJAY GOYAL PRESIDENT VICE PRESIDENT VICE PRESIDENT TREASURER

(M) 9319206930 (M) 9319106205 (M) 9719701122 (M) 9319103243

NCIC/72/2015-16/38) 09 April, 2015

To Shri Ashwani Kumar, Hon’ble Chairman, Parliamentary Committee, Rajya Sabha Secretariat, Parliament House Annexe, New Delhi -110001,

Sub: Order/Directions of Hon’ble Supreme Court, MoEF&CC and TTZ Authority

Sir,

It is respectfully submitted as under:-

1. MoEF’s directions and affidavit dated 09.01.1996:-

On behalf of Ministry of Environment & Forests, Government of India, Shri N.R. Krishnan, the then Secretary, MoEF, Government of India, filed his affidavit dated 09.01.1996 in the writ petition of M.C. Mehta No. 13381 of 1984:-

(i) The closed industries may be allowed to restart only at the locations outside the Taj Trapezium Zone and cannot be allowed within TTZ.

(ii) No new industry which may give rise to air pollution can be allowed to set up within the Taj Trapezium even if such an unit is to comply with the prescribed standards.

(iii) No expansion can be allowed in the operating units in Taj Trapezium.

NEW MARKET, JEONI MANDI, AGRA-282 004 (INDIA) Ph. +91-562-2623552 TELE FAX: +91-562-2623550

E-mail : [email protected] Website: http://www.ncicagra.in

57 58

2. Judgment dated 30.12.1996 passed by Hon’ble Supreme Court:-

The relevant observations/directions passed by Hon‘ble Supreme Court, vide its judgment dated 30.12.1996, in writ petition No. 13381 of 1984, M.C. Mehta v/s. Union of India and others, published in (1997)2 Supreme Court Cases 353 are as under:–

(i) Para 7, Page 359: Five Hundred Ten (510) polluting factories (except Mathura Refinery) were operating in TTZ in the year 1996.

(ii) Para 16, Page 368: “It is the primary duty of the Government of India, Ministry of Environment and Forests to safe guard Taj Mahal from getting deteriorated”.

(iii) Para 30, Page 381: “The objective behind this litigation is to stop the pollution while encouraging development of industries.”

(iv) Para 33, Page 384: “The atmospheric pollution in TTZ has to be eliminated at any cost. Not even one per cent chance can be taken when—human life apart —the preservation of a prestigious monument like the Taj is involved.”

3. The admissions of concerned officers in the TTZA’s meeting:-

The Deputy Commissioner Industries, District Industries Centre, Firozabad, Regional Officer, U.P. Pollution Control Board, Firozabad and other concerned officers of TTZ, in the TTZ meeting dated 07.01.2915, admitted the following facts which were intentionally denied earlier by District Magistrate, Firozabad in the MoEF&CC’s meeting dated 15.10.2014:—

As per the minutes dated 15.10.2014 of the meeting held under Chairmanship of Shri Sushil Kumar, Addl. Secretary, MoEF&CC, at New Delhi:-

Para 2.1 (iii) “DM Firozabad. said that no new air polluting glass industry has been allowed to be established in Firozabad and no new industry has been added to the industries that existed at the time of 1996 Supreme Court order. He further said that as per DIC and UPPCB no expansion in the capacity has been allowed in the existing air polluting glass industries, Firozabad DIC official said that capacity certification of units converting from coal to gas is done on the basis of recorded size of the coal based furnaces existed prior to conversion... CEO, LJPPCB said that they go by the capacity certification issued by DIC.”

As per minutes dated 07.01.2015 of the TTZ meeting held under Chairmanship of Shri Pradeep Bhatnagar, Agra Commissioner/Chairman of TTZ Authority:-

(i) Para-3(5&6) heading with Chairman’s permission: One Hundred Ninty Eight (198) glass factories located in TTZ area of Firozabad expanded their capacities and out of them 30 factories expanded their capacities more than 50% than their capacities of the year 1996. The production capacities of the glass industries have crossed the limit of the year 1996.

(ii) Para 3(4), heading with Chairman’s permission: Nineteen (21-2 of Agra = 19) glass factories located in TTZ area of Firozabad which were out of 511 (list of which was submitted by U.P.P.C.B. in M.C. Mehta’s writ before Hon’ble 59

Supreme Court) polluting industries of TTZ. Meaning thereby some of them are newly established while some of them, which were closed in 1996, restarted in TTZ.

(iv) Para 3(4), heading with Chairman’s permission: The air pollution has been increased in TTZ area of Firozabad as air pollutants NOx and RSPM in TTZ area of Firozabad are found more than the standards notified for sensitive area.

(v) Para 1, heading with Chairman’s permission: Colour of Taj Mahal is found brownish yellow.

4. The decisions taken by TTZ Authority in its meeting dated 07.01.2015:-

(i) Para 3(4), heading ‘with Chairman’s permission: Regularized all (a) capacities expansion of existing polluting industries, (b) restarting of closed polluting industries and (c) new establishment of polluting industries done till 07.01.2015 in TTZ area of Firozabad.

(ii) Para 3(4), heading with Chairman’s permission: Regularized the capacities expansion, done till 07.01.2015, of two (02) iron foundries of Agra which were converted into glass industries and shifted from Agra to Firozabad.

(iii) Para 3(3), heading with Chairman’s permission: Directed to maintain status quo as on 0701.2015 i.e. the present increased air pollution in TTZ.

(iv) Para 3(4), heading with Chairman’s permission: Exercised unauthorized power in TTZ Authority to grant permission for capacities expansion of existing polluting industries, for new establishment of polluting industries and for restart of closed industries in TTZ in future.

5. Conclusion: The TTZ Authority was empowered to those acts only which were envisaged under the TTZ Authority Pollution (Prevention and Contro1) Gazette of 1999. Clause 2(i) of the Gazette reads as under:–

“2(i). monitor progress of the implementation of various schemes for protection of the Taj Mahal and programmes for protection and improvement of the environment in the above said area.”

From a bare perusal of the aforesaid Clause, it is evident that the TTZ Authority is empowered to protect and to improve the environment in TTZ. Meaning thereby TTZ Authority is empowered to minimize the air pollution in TTZ and not to maintain status quo of the admitted increased air pollution i.e. as on 07.01.2015. The TTZ Authority’s said direction ‘to maintain current status quo i.e. as on 07.01.2015’ is firstly contrary to the directions of MoEF dated 04.04.2014 whereby the Commissioner Agra Chairman TTZ Authority was directed to maintain status quo in TTZ of the year 1996 (i.e. date of Hon’ble Supreme Court’s Order) and secondly it is a willful disobedience of the judgment dated 30.12.1996 whereby Hon’ble Supreme Court directed to eliminate air pollution in TTZ at any cost while encouraging development of industries in TTZ. 60

6. Apart from above, there is no Clause in the aforesaid TTZ. A Gazette whereby TTZ Authority was empowered to regularize/to give permission for the capacities expansion of polluting industries etc. in TTZ by substituting/amending the directions issued by MoEF specially when the Commissioner Agra/Chairman TTZ Authority was restrained for the same.

Action needs to be taken by MoEF/&CC

7. The TTZ Authority has not unfettered jurisdiction to issue any direction but under Clause 3 of the TTZ. A Gazette, its powers and functions are subject to the overall supervision and control of the Central Government. In view of the facts and circumstances when the TTZ Authority exceeded its jurisdiction or exercised such jurisdiction which was not vested in it then MoEF should exercise its supervisory and controlling power because as per Hon’ble Supreme Court’s order “It is the primary duty of the Government of India, Ministry of Environment and Forests to safe guard Taj Mahal from getting deteriorated.” The liability of MoEF cannot be relinquished by its silence. Hence, MoEF should modify the current date i.e. 07.01.2015 into 30.12.1996 (date of Supreme Court’s order) in the directions of the TTZ Authority which may be modified as under:–

(i) The capacities expansion in glass/other polluting industries, establishment/new glass other polluting industries and restart of closed glass/other polluting industries shall be recognized which were existed as on 30.12.1996 (by substituting ‘current date’ 07.01.2015 into 30.12.1996).

(ii) The capacities expansion in existing glass/other polluting industries, establishment of new glass/other polluting industries and restart of closed glass/other polluting industries shall not be allowed in future by deleting the words ‘with prior permission of the TTZ Authority’.

Therefore, in view of the facts and circumstances as mentioned above, it is respectfully requested to kindly take necessary action in respect of above so that the Taj Mahal, world heritage may be saved from air pollution caused by some illegal glass industries in collusion with the concerned officers of TTZ.

Thanking you,

Yours faithfully,

Sd/-

(Bhuvesh Kr. Agarwal)

President 61

Glass Manufacturer & Export Association U.P.

Ref...... Date...10.04.2015

lsok esa] ps;jeSu] ikfyZ;kesUV LVSafMax desVh] Vh-Vh- tksu ¼Hkkjr ljdkj½ fo"k;%&fQjkstkckn ds gS.MhØkkk ¶V ,oa Xykl b.MLV~ht dks lqjf{kr djus ,oaa ;gka dk;Zjr 10 yk[k Jfedksa dks csjkstxkj gksus ls cpkus ds lEcU/k esaA egksn;] lknj voxr djkuk gS fd fQjkstkckn esa 8&10 yk[k Jfed gS.MhØk¶V ,oa Xykl m|ksx esa dk;Zjr gSaA o"kZ 1996 rd ;gka 410 bdkbZ;kW dks;ys }kjk lapkfyr Fkh] ysfdu fjV ;kfpdk la[;k 13381@1984 esa fnukad 30&12&1996 ds vkns'k ds ckn ;gka ds lHkh m|ksx izkd`frd xSl ls lapkfyr gks jgs gSaA mnkjhdj.k] oS'ohdj.k ds bl nkSj esa bdkbZ;kas }kjk ekMZukbZts'ku] vkVksekbZts'ku ,oa Mk;oflZfQds'ku djds mPp xq.koRrk ds mRikn cuk;s tkus yxsA bdkbZ;ksa }kjk vk/kqfud rduhd ,oa gS.Mhdzk¶B esa lq/kkj ds mijkUr fu;kZr esa c

Glass Manufacturer & Export Association U.P.

-2- Ref...... Date...10.04.2015

"It may be true that in certain communications or pleading before the Supreme Court the authorities may have observed that no new industries or expansion of existing industries in the TTZ would be permitted, but now here in the judgment of the Supreme Court has the same been accepted or mentioned that expansion of existing industries or setting up of new industries or conversion of existing industries to use gas as fuel in the TTZ would not be permitted. It may be mentioned here that the question of setting up of new industries or expansion of the existing ones is not a matter directly under consideration in these writ petitions. What is in dispute in the present petitions is the issue relating to supply of UPM or APM gas, which in effect is the question relating to pricing of the supply of natural gas in the TTZ. It may only be observed that neither the Supreme Court nor any order of the Government of India has imposed any such ban on expansion or imposed any such ban on expansion or setting up of new industries in the TTZ

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Address : 20/1, Vibhav Nagar, Firozabad -283203 (U.P.) E-Mail : [email protected]. 63

Glass Manufacturer & Export Association U.P.

-3- Ref...... Date...10.04.2015

;gka ds m|ksx dks cckZn djus ds fy, ;gka ds m|ksxksa dks 1996 esa bdkbZ;ksa }kjk fufeZr fd;s x;s] dkWp dks gh vk/kkj cukus dks iz;kl fd;k tk jgk gS tcfd bdkbZ;ksa dks 1996 esa LFkkfir iykaV@e'khujh ,oa QusZ'k dh mRiknu {kerk ds vk/kkj ij gh xSl miyC/k gSA fQjkstkckn esa izfro"kZ 500&600 djksM+ dk gS.MhdzkQ~V vkbVeksa dk fu;kZr fd;k tkrk gSA 1200&1300 djksM+ dk vizR;{k fu;kZr gksrk gS] ftlesa yk[kksa yksxksa dks jkstxkj feyk gS rFkk Hkkjh ek=k esa fons'kh eqnzk izkIr gksrh gSA ysfdu bl cMs xzqi }kjk fuxek ds "kM+;a=ks ds ek/;e ls bdkbZ;ksa dks mRiknu djus ,oa vk/kqfudhdj.k djus ls jksdus dk dqpdz pyk;k tk jgk gSA vk'p;Z dh ckr gS fd fgUnqLrku Xykl fy- lksukeh xzqi }kjk isV dksd tSls lLrs bZ/ku dk iz;ksx djds 5000 ,e- Vh- izfrfnu dkWap dk mRiknu fd;k tkrk gSA egRoiw.kZ rF; ;g gS fd lksekuh xzqi dh lHkh QSfDV~;ka 'kr izfr'kr vkVksesfVd gSA ;gka Jfed vR;ar ¼ux.;½ dk;Zjr gSaA ¼layXud&2½ ns'k ds dqy dkap mRiknu dk 65 izfr'kr Xykl blh xzqi }kjk mRikfnr fd;k tkrk gS] tcfd iwjs m-iz- ,oa xqtjkr esa ns'k dk dqy 8 izfr'kr dkap gh mRikfnr fd;k tkrk gS] mlesa Hkh fQjkstkckn ek= 2 izfr'kr dkap dk gh mRiknu dj ikrk gSA ;gka ewy:i ls y?kq vkS|ksfxd bdkbZ;ka gh gaSA tgka ekuuh; iz/kkuea=h th }kjk MAKE IN INDIA dk ukjk nsdj m|ksxksa dks c<+kus dk iz;kl fd;k tk jgk gS rFkk vkS|ksfxd fodkl esa vkM+s vk jgs iqjkus ,oa vizklafxd dkuwu tks ns'k ds fodkl esa ck/kd gSa mudks lekIr djus dh dk;Zokgh dh tk jgh gS] ogh ou ,oa i;kZoj.k ea=ky; ds dqN lykgdkj rFkk vf/kdkfj;ksa }kjk 5 ebZ 1983 ds ,d v)Z'kkldh; i= rFkk ekuuh; mPpre U;k;ky; esa fnukad 30&12&1996 ds vkns'k ds iwoZ nkf[ky 'kiFk i= ds vk/kkj ij bdkbZ;ksa dh LFkkiuk ij jksd ,oa LFkkfir bdkbZ;ksa ds foLrkjhdj.k ij jksd dh ckr dgh tkrh gS] tcfd ekuuh; mPpre U;k;ky; }kjk vius vkns'k esa 'kiFk i= dks ekU;rk gh ugha nh xbZ gS vkSj u gh fQjkstkckn ds lanHkZ esa dqN fo'ks"k rkSj ij fu.khZr fd;k x;k gS] fQj Hkh ekuuh; mPpre U;k;ky; ds vkns'kksa dk iw.kZ ikyu fd;k tk jgk gSA &4& Address : 20/1, Vibhav Nagar, Firozabad -283203 (U.P.) E-Mail : [email protected]. 64

Glass Manufacturer & Export Association U.P.

-4- Ref...... Date......

iznw"k.k Lrj ds lEcU/k esa dguk gS fd fQjkstkckn esa iznq"k.k 1996 dh rqyuk esa orZeku esa de gS] tks i;kZoj.k ea=ky; ds fu/kkZfjr ekudksa ds vUnj gSaA m-iz- iznw"k.k fu;a=.k cksMZ }kjk vius i= la[;k ,Q 46411 fnukad 21&07&2014 }kjk fQjkstkckn Xykl baMLV~ht dh okLrfod fLFkfr dsUnzh; iznw"k.k cksMZ ubZ fnYyh dks Hksth xbZ FkhA ¼layXud&3½ vr% Jheku th ls vuqjks/k gS fd d`i;k fQjkstkckn dh Xykl b.MLV~ht dks cpkus ds lEcU/k esa vko';d dk;Zokgh djsa] vU;Fkk yk[kksa Jfed csjkstxkj gks tk;sxsaA

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Address : 20/1, Vibhav Nagar, Firozabad -283203 (U.P.) E-Mail : [email protected]. 65 dkap m|ksx ØaWkfrdkjh etnwj la?k] fQjkstkckn

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lsok esa] ekuuh; v/;{k] i;kZoj.k lalnh; lfefr] ubZ fnYyhA ekU;oj] dkap m|ksx dzkafrdkjh etnwj la?k] fQjkstkckn ¼lEc) lh-Vw-½ dh vksj ls vkidks voxr djk;k gS fd tuin fQjkstkckn esa dkap ,oa pwM+h m|ksx ds NksVs cM+s yxHkx 200 dkj[kkus lapkfyr gSaA tuin fQjkstkckn ns'k dh /kjksgj vkxjk ds rktegy vkjf{kr {ks= esa vkus ds dkj.k ;gka dks;yk] iSV~ksdksd] rsy ,oa vU; bZ/ku tykus ls iznw"k.k ij ekuuh; mPpre U;k;ky; ds vkns'kuqlkj igys ls gh izfrcaf/kr gaSA bl m|ksx esa izR;{k &viR;{k :i ls djhc 8 ls 10 yk[k [email protected] viuh jksth&jksVh dh ¼vkthfodk½ ls tqM+s gq;s vius ifjokjksa dk Hkj.k&iks"k.k dj gSaA tuin fQjkstkckn esa ijEijkxr :i ls 125 o"kZ iqjkuk pwM+h dk xSl vk/kkfjr m|ksx gSA ftlds dkj.k ;g m|ksx iznw"k.k jfgr gS] bl iznw"k.k ds laca/k esa vkidks fuEufy[kr fcUnqvksa ls voxr djk;k tkuk vfr vko';d gSaA ¼1½ dkap ,oa pwM+h m|ksx ls fQjkstkckn esa dksbZ iznw"k.k ugha gSA fQjkstkckn dh vis{kk vkxjk esa iznw"k.k vf/kd gSA fQjkstkckn esa iznw"k.k ekud ls de gSA Hkkjr esa lcls vf/kd iznw"k.k fnYyh esa gSA ¼2½ HkkSxksfyd fLFkfr ds vuqlkj lky es de ls de 10 ekg if'peh ¼iNqvk½ gok;sa pyrh gS] ftlls fQjkstkckn ls vkxjk dh vksj dksbZ Hkh iznw"k.k ugha igqWp ldrk gSA ¼3½ cjlkr ds nks ekg esa iwohZ gok;sa pyrh gS] ml le; iwjh rjg ckfjl gksrh jgrh gSA ckfjl gksus ls fQjkstkckn ls vkxjk rd iznw"k.k ugha igqWp ldrk gSA &2& dkap m|ksx ØWakfrdkjh etnwj la?k] fQjkstkckn

lEc) dk;kZy; lsUVj vkWQ bf.M;u V~sM ;wfu;Ul egkohj uxj] xyh ua- 7 fo/kku lHkk ekxZ] y[kuÅ & 226001 Qhjkstkckn&283203

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&2& ¼4½ ekuuh; mPpre U;k;ky; ds vkns'kkuqlkj o"kZ 1996 ls iw.kZr% dks;y] rsy] iSV~ksdksd dks iw.kZr% izfrcfU/kr dj izkd`frd xSl vk/kkfjr dkap m|ksx lapkfyr gSA blfy, iznw"k.k dk iz'u gh ugha gSA ¼5½ vkxjk ds rFkkdfFkr dqN m|ksxksa ls tqM+s ykx lqukeh xzqi tks fd fQjkstkckn ds m|ksxksa ds mtkM+us gsrw reke gFkd.Msa viukrk jgrk gS] muds lkFk 'kkftlku dqN yksx fQjkstkckn ds dkap ,oa pwM+h m|ksx dks mtkM+dj tuin fQjkstkckn ds 8&10 yk[k Jfedksa dh jksth jksVh Nhuuk pkgrs gaSA blfy, vkils fouez izkFkZuk gS fd Jfedksa dh jksth&jksVh ds loky dks xaHkhjrk ls ysrs gq;s fdlh Hkh rjg ls dkap ,oa pwM+h m|ksx dks mtkM+us ls rRdky jksdk tk;] vU;Fkk yk[kksa Jfed lM+dkas ij mrjus dks foo'k gksaxsA l/kU;oknA

gLrk@& gLrk@& ¼uoy flgW ,MoksdsV½ ¼Hkwjhflag ;kno½ izknsf'kd lfpo ea=h lh-vkbZ-Vh-;w- ¼m- iz-½ jkT; dk;kZy; egkohj uxj] xyh ua&7] fQjkstkckn

66 III - NNEXURE completed within 12 months completed by the end of Dec. 2016 completed the end by of June 16 A Remarks 14 lacsbe to 18 lacsbe to Proposed Oct.- Jan.- Dec. Mar. Cost Sept. April- July- June Oct.- Jan.- Dec. Mar. Sept. April- July- June [1] Oct.- Jan.- Dec. Mar. 2015-16 2016-17 2017-18 [2] Sept. Science And Technology, And Environment Forests Science And Technology, NE Minaret April- July- started wall North will be & Cleaning of the interior (up to the human height) of the Mausoleum (all taken up) cleaning of pedestal wall (Cleaning of South and cleaning is in progress walls (East, of other three West Scientific treatment & cleaning of 4 Minarets Work NW SW SE 72 lacs to be Time Frame on Follow-Up Action on Comments by Department Related Parliamentary Standing Committee on Action on Comments by Department Related Parliamentary Standing Frame on Follow-Up Time 3 Scientific treatment and 2 Scientific treatment & Time line proposed from completion of following works at Taj Mahal is as follows: Taj line proposed from completion of following works at Time 1 2A will be carried out in 5 phases Taj Cleaning of 1 3 4 5 6 7 8 9 10111213141516 Sl. Action points and details No. June

67 1 2 3 4 5 6 7 8 9 10111213141516

chambers of periphery of inner dome and floral panels)

4 Scientific treatment & SE S[3] SW W NW N[4] NE E 120 lacs to be cleaning of facade completed including arches within 24 (facing 8 directions) months

5 Scientific treatment & Keeping in view the lofty Erection 50 lacs to be cleaning of pinnacle, structure of the dome with of scaffolding completed dome & 4 chhatris[5] special architectural features on dome by the end it is proposed to carry out and scientific Dome & of 2018 certain technical studies/ treatment to 4 Chhatris 68 evaluation in association Pinnacle with specialized institutions prior to undertake actual conservation & cleaning process

B Mending of stone

1 Restoration of pathways 60 lacs By the end (measures will be taken to March 2016 carefully preserve original stones with old mason marks)

2 Pointing work in Mausoleum By the end Super structure March 2016 1 2 3 4 5 6 7 8 9 10111213141516

3 Repairs and filling of inlay By the end (Pietre-dura) work on the Sept. 2016 main Mausoleum and the main gateway 60 lacs

4 Restoration of damaged/ By the end incompatible parts (including March 2016 repairs to ornamental stonework and marble panels)

C Queue management

1 Wooden barricading to 45 lacs By the end protect ornate marble Sept. 2015 work 69 2 Possibility of glass 60 lacs By the end barricading to protect ornate of Sept. 2015 marble work and inlay inside the Mausoleum

D Horticultural management including carefully pruning of trees maintaining symmetry, maintenance of flower beds is a continuous process.

E Miscellaneous

1 Replacement of lightening — Estimate yet conductors to be prepared

2 Properly arranging and 25 lacs By the end encasing electrical lines of Sept. 2015 within Taj Complex 1 2 3 4 5 6 7 8 9 10111213141516

3 Putting up Jali to prevent 25 lacs By the end animal/birds inside the of June 2015 Mausoleum

TOTAL 549 lacs

Note: i. [1]Above timeline has been worked out keeping in view certain technical requirements as well as smooth movement of visitors. ii. [2,3,4]During rainy season (July-August) scientific treatment and cleaning work of the exterior surfaces will be interrupted for the specific period as and when necessary iii. [5] Cleaning of the dome and four chhatris will be taken up after completion of cleaning of 4 minarets. 70 iv Consultation with experts from IIT Chennai is underway to find lasting solution and to determine appropriate technology.

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