Supreme Court’s Green Light for Industrial Applications in TTZ
In a significant ruling on Thursday, the Supreme Court of India granted permission to process 400 pending applications for establishing industries within the Taj Trapezium Zone (TTZ). This protected area, encompassing 10,400 square kilometers, is designed to preserve the iconic Taj Mahal and other historic monuments in Agra from environmental degradation.
Judicial Bench’s Directive
The judicial bench, comprising Chief Justice of India (CJI) Surya Kant, along with Justices Joymalya Bagchi and V Mohana, made it clear that delays in environmental assessments and vision documents should not indefinitely hinder the decision-making process related to industrial applications. “We, therefore, direct that the TTZ Authority may process the pending applications,” the court instructed.
Conditions for Application Processing
The court outlined that the TTZ Authority could proceed with application processing without prior court consultation, provided that there is unanimous agreement among the National Environmental Engineering Research Institute (NEERI), the Central Empowered Committee (CEC), and the TTZ Authority. However, if any NEERI or CEC expert identifies an industry as polluting, Supreme Court clearance is mandatory before approval.
Additionally, all approved applications must be published on the CEC’s website, inviting public objections before reaching a final decision, as emphasized by the court.
Government’s Perspective and Economic Impact
Representing the Central Government, Additional Solicitor General Aishwarya Bhati argued that the blanket ban on new industries was adversely affecting livelihoods. “No heavy industries are being considered here. Only MSME (Micro, Small, and Medium Enterprises) industries are being evaluated. We have around 400 applications pending. How do we curb the aspirations of millions of people?” she contended.
Concerns Over Previous Industrial Sanctions
Senior Advocate Aparna Bhat highlighted issues with previous arbitrary sanctions for glass industries in the Firozabad area, despite Ministry of Environment and Forests (MoEF) advisories against such establishments. “Arbitrary sanctions were granted for glass industries in the Firozabad area where these industries were operational despite advisories,” she pointed out.
Commitment to Non-Polluting Industries
The Bench reiterated the need for a balanced solution, emphasizing that only non-polluting industries should be permitted. The CJI remarked, “There is some unanimity that only non-polluting industries should be allowed. We can form a committee with domain experts from CEC and NEERI to evaluate each case individually.”
NEERI’s Interim Report and Recommendations
The court referred to an interim report by NEERI, submitted on April 21, 2025, opposing a rigid definition of “non-polluting industries.” NEERI suggested that factors such as heritage, legacy, and Geographical Indication (GI) status should also influence industrial classification.
Future Steps for Application Processing
The Supreme Court ordered that pending applications be processed even though the cumulative impact assessment study and final report on non-polluting industry definitions are incomplete. Meetings to consider applications require the presence of one expert each from CEC and NEERI. If either expert deems an industry as polluting, the application must seek court approval.
When experts from NEERI and CEC, along with the TTZ Authority, agree, applications can proceed without further Supreme Court involvement. All decisions should be transparently uploaded to the CEC website for public feedback, which the TTZ Authority must consider before finalizing decisions.
