Supreme Court - Daily Orders
M.C. Mehta vs Union Of India on 18 March, 2025
Author: Abhay S. Oka
Bench: Abhay S. Oka
ITEM NO.43 COURT NO.4 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 13381/1984
M.C. MEHTA Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
[TO BE TAKEN UP AT 3.00 P.M.]...................(1) IA NOS.
171142/2019 AND 74770, 74771/2024 (APPLNS. FOR DIRECTIONS,
PERMISSION TO FILE REJOINDER AND EXEMPTION FOR O.T. ON B/O AGRA
DEVELOPMENT FOUNDATION) (2) IA NO. 176773/2024 (APPLN. FOR
INTERVENTION ON B/O UTTAR PRADESH JAL NIGAM) (3) IA NO. 64225/2022
(APPLN. FOR CLARIFICATION ON BEHALF OF ARUN KR. GUPTA) (4) IA NOS.
20616, 20617/2020 (APPLNS. FOR INTERVENTION AND DIRECTIONS ON
BEHALF OF ARUN KR. GUPTA) AND I.A. NO. 22551 OF 2025 (APPLN. FOR
MODIFICATION) “ONLY” IN W.P. (C) NO. 13381/1984 ARE LISTED. “ONLY”
NAMES OF THE FOLLOWING ADVOCATES MAY BE TREATED TO HAVE BEEN SHOWN
IN THE LIST. PETITIONER-IN-PERSON MR. A.D.N. RAO, SR. ADVOCATE
(A.C.) MR. AMRISH KUMAR, MR. M.K. MARORIA, MR. G.S. MAKKER, MR.
VIJAY PANJWANI, MR. ANKIT GOEL, KAMLENDRA MISHRA, ADVOCATES (1) MR.
E. C. AGRAWALA, MR. N. VISAKAMURTHY, MR. PUSHKAR SHARMA, (2) MR.
PUSHKAR SHARMA (3) MR. RAJKUMARI BANJU, MR. PRAVEEN SWARUP, (4) MS.
RAJ KUMARI BANJU, MR. SATYA RAM SHARMA, MR. PRASHANT, MR. PRAVEEN
SWARUP, MS. SHWETA SHARMA, MR. SHANTANU BANSAL, MR. SUDEEP KUMAR,
Date : 18-03-2025 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA
HON'BLE MR. JUSTICE UJJAL BHUYAN
Mr. A.D.N.Rao,Sr.Adv. (Amicus Curiae)
Ms. Liz Mathew,Sr.Adv. (Amicus Curiae)
Mr. Siddhartha Chowdhury, AOR (Amicus Curiae)
Mr. Rahul Mishra,Adv.
Ms. Aakashi Lodha, AOR
Ms. Mallika Agrawal, Adv.
For the parties:
Mrs. Aishwarya Bhati, A.S.G.
Ms. Ruchi Kohli, Sr. Adv.
Signature Not Verified
Mr. Mukesh Kumar Maroria, AOR
Digitally signed by
ANITA MALHOTRA
Date: 2025.03.26
Ms. Shivika Mehra, Adv.
19:25:13 IST
Reason: Ms. Aastha Singh, Adv.
Mrs. Rajeshwari Shankar, Adv.
Mr. Sarthak Karol, Adv.
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Mr. Jagdish Chandra Solanki, Adv.
Mr. Adit Khorana, Adv.
Mr. Sarthak Karol, Adv.
Mr. T.S Sabarish, Adv.
Mr. Sudarshan Lamba, AOR
Mr. Amrish Kumar, AOR
Mr. Shreekant Neelappa Terdal, AOR
Mr. Aaditya Dixit, Adv.
Mr. Kartikeya Asthana, Adv.
Mr. Gaurang Bhushan, Adv.
Dr. N. Visakamurthy, AOR
Ms. Aishwarya Bhati, A.S.G.
Mr. Ajay Agarwal, A.A.G.
Mr. Rajeev Kumar Dubey, Adv.
Mr. Saurabh Singh Chauhan, Adv.
Mr. Ashiwan Mishra, Adv.
Ms. Aditi Mishra, Adv.
Mr. Kamlendra Mishra, AOR
Mr. K.M Natraj, A.S.G.
Mr. Pushkar Sharma, AOR
Mr. Vatsal Joshi, Adv.
Mr. Chitransh Sharma, Adv.
Ms. Nagma Bee, Adv.
Mr. S. Wasim A. Qadri, Sr. Adv.
Ms. Udita Singh, AOR
Mr. Tamim Qadri, Adv.
Mr. Saeed Qadri, Adv.
Mr. Saahil Gupta, Adv.
Mr. Danish Ali, Adv.
Ms. Aparna Bhat, Sr. Adv.
Ms. Rajkumari Banju, AOR
Ms. Karishma Maria, Adv.
Ms. Garima Prashad, Sr. A.A.G.
Mr. Sudeep Kumar, AOR
Ms. Manisha, Adv.
Mr. Divyanshu Sahay, Adv.
Mr. A N S Nadkarni, Sr. Adv.
Ms. Shweta Sharma, AOR
Mr. Diggaj Pathak, Adv.
Ms. Vaibhavi Pathak, Adv.
Mr. B Abishek, Adv.
Ms. Himanshi Girdhar, Adv.
Mr. Ramakrishnan Viraraghavan, Sr. Adv.
Mr. Shantanu Bansal, AOR
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Mr. Ajit Sharma, AOR
Mr. Kanchan Kumar,Adv.
Mr. Yuvraj Sinh Solanki,Adv.
Mr. Lareb Habib Anasari,Adv
Mr. Kishan Chand Jain, Adv.
Mr. Ashwini Kumar, Adv.
Mr. Rajesh Kumar, Adv.
Mr. E. C. Agrawala, AOR
Petitioner-in-person
Applicant-in-person
Mr. Atishi Dipankar, AOR
Mr. Ankur Prakash, AOR
Mr. Gurmeet Singh Makker, AOR
Mr. Badri Prasad Singh, AOR
Mr. Lakshmi Raman Singh, AOR
Mr. Bijender Singh Gautam, Adv.
For M/S. Lawyer S Knit & Co, AOR
Mrs. Rachana Joshi Issar, AOR
Ms. Nandani Gupta, Adv.
Mr. Krishna Kumar, Adv.
Dr. Mrs. Vipin Gupta, AOR
Mr. Prashant Kumar, AOR
Mr. Rajiv Tyagi, AOR
Mr. Ajay K. Agrawal, AOR
Mr. Shiv Prakash Pandey, AOR
Mr. Sudhir Kulshreshtha, AOR
Mr. P. K. Manohar, AOR
Mr. Pradeep Misra, AOR
Mr. Daleep Dhyani, Adv.
Mr. Suraj Singh, Adv.
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Mr. P. Parmeswaran, AOR
Mr. P. Narasimhan, AOR
M/S. Manoj Swarup And Co., AOR
Ms. Mridula Ray Bharadwaj, AOR
M/S. Meharia & Company, AOR
Mr. Ankit Goel, AOR
Mr. Rachit Mittal, AOR
Mr. Anup Kumar, Adv.
Mr. Parish Mishra, Adv.
Mr. Kanishk Raj, Adv.
Mr. Adarsh Srivastava, Adv.
Mr. Abhishek Sinha, Adv.
Mr. Nishit Agrawal, AOR
Mr. Anurag Kishore, AOR
Mr. Zoheb Hossain, AOR
Mr. Shishir Deshpande, AOR
Mr. Gurmeet Singh Makker, AOR
Mr. Guntur Pramod Kumar, AOR
Ms. Prerna Singh, Adv.
Mr. Dhruv Yadav, Adv.
Mr. Saurabh Mishra, AOR
Mr. Shrimay Mishra, Adv.
Mr. Rakesh Chander, Adv.
Mr. Ashutosh Dubey, AOR
Mrs. Rajshri Dubey, Adv.
Mr. Abhishek Chauhan, Adv.
Mr. H.B. Dubey, Adv.
Mr. Amit P. Shahi, Adv.
Mr. Amit Kumar, Adv.
Mr. Rahul Sethi, Adv.
Mr. Shashi Bhushan Nagar, Adv.
Mr. Manish Dhingra, Adv.
Mrs. Sona Khan, Adv.
Mr. Sumant Akram Khan, Adv.
Mr. Rajendra Anbhule, Adv.
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Mr. Chitranshul A. Sinha, AOR
Mr. Virag Gupta, Adv.
Ms. Rupali Panwar, Adv.
Mr. U M Tripathi, Adv.
Mr. Vivek Kumar Singh, Adv.
Mr. Vishal Arun Mishra, AOR
Mr. Vivek Narayan Sharma, AOR
Ms. Shruti Priya Mishra, Adv.
Ms. Mahima Bhardwaj Kaluch, Adv.
Mr. Rajeev Kumar Jha, Adv.
Mrs. Mukteshwari Shukla, Adv.
Mrs. Manisha Rore, Adv.
Mr. Saurabh Yadav, AOR
Ms. Disha Wadekar, Adv.
Mr. Arvind Gupta, AOR
Mr. Jogy Scaria, AOR
Mr. Ankur Prakash, AOR
Mr. Adarsh Tripathi , AOR
Mr. Sunny Choudhary, AOR
Mr. Gaurav Goel, AOR
M/S. Gsl Chambers, AOR
M/S. M. V. Kini & Associates, AOR
Mr. Arjun Nanda, AOR
Mr. Arvind Kumar Sharma, AOR
Mr. Gaurav Goel, AOR
Mr. Dr. Rajeev Sharma, AOR
Mr. Shantanu Krishna, AOR
Mr. Ankit Mishra, Adv.
Mr. Alok Kumar, Adv.
Mr. Ashish Kumar Singh, Adv.
Mr. Saksham Maheshwari , AOR
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Mr. Sumeer Sodhi, AOR
Mr. Abhinav Agrawal, AOR
Mr. Sanjeev Kumar Choudhary, Adv.
Mrs. Shradha Choudhary, Adv.
Mr. Seshatalpa Sai Bandaru, AOR
Mr. Gaurav Dhingra, AOR
Mr. Shashank Singh, Adv.
Mr. Surendra Gautam, Adv.
Mr. Rubeena Rizvi, Adv.
Mr. Praveen Swarup, AOR
Mr. Vivek Pathak, Adv.
Mr. Shashank Singh, Adv.
Mr. Dheeraj Singh, Adv.
Mr. Hari Sahteshwar, Adv.
Mr. Sunny Kapoor, Adv.
Mr. Saurabh Rohilla, Adv.
Ms. Mayuri Raghuvanshi, AOR
Mr. Abhijit Banerjee, AOR
Mr. Prashant , AOR
Mr. Kshitij Singh, Adv.
Mr. Anand Mishra, Adv.
Mrs. Nisha Rai, Adv.
Mr. Abhinav Shrivastava, AOR
Mr. Rajeev Kumar Dubey L, Adv.
Ms. Saroj Tripathi, AOR
Mr. Pradeep Rai, Sr. Adv.
Mr. Manoj K. Mishra, AOR
Ms. Rajshree Rai, Adv.
Mr. Vinay Rai, Adv.
Mr. Bheem Pratap Singh, Adv.
Mr. Umesh Dubey, Adv.
Ms. Madhulika, Adv.
Mr. Anand Kumar Rai, Adv.
Mr. Anshul Gupta, AOR
Ms. Kirti Dua, Adv.
Mr. Shubham Kaushik, Adv.
Mr. Rishabh Darira, Adv.
Mr. Aditya Tainguriya, Adv.
Mr. Anant Rana, Adv.
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Mr. Sanjay Upadhyay, Sr. Adv.
Mr. Satya Kam Sharma, AOR
Mr. Akshay Dev, Adv.
Mr. Mansi Bachani, Adv.
Ms. Gitanjali Sanyal, Adv.
Mr. Shubham Upadhyay, Adv.
Mr. Rishabh Rana, Adv.
Mr. Shobhit Dwivedi, Adv.
Mr. Shalen Bhardwaj, Adv.
Mr. Virender Kumar, Adv.
Ms. Garima Kumar, Adv.
Ms. Lakshmi, Adv.
Mr. Ashok Kumar Panigrahi, Adv.
Mr. Nischal Kumar Neeraj, AOR
Mr. N. L. Ganapathi, AOR
Mr. Abhishek Chaudhary, AOR
Mr. Syed Abdul Haseeb, AOR
Mr. Nipun Saxena, Adv.
Ms. Anju Thomas, AOR
Ms. Muskan Surana, Adv.
Mr. Tushar Srivastava, Adv.
Ms. Mehreen Garg, Adv.
Ms. Aadya Pandey, Adv.
Mr. Dharmesh Basedia, Adv.
UPON hearing the counsel the Court made the following
O R D E R
IA NOS.32568 AND 33549 OF 2025 (APPLNS. FOR IMPLEADMENT AND DIRECTIONS ON BEHALF OF ASHOK)
1. The contention of the learned counsel appearing for the applicant is that the land mentioned in the letter dated 24th March, 2022 for grant of Environmental Clearance at Annexure A-4 is part of the Taj Trapezium Zone (TTZ) area on which tree felling activity has been done.
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2. We direct the third respondent-TTZ Authority to immediately depute its officers to the site with a view to ascertain whether the tree felling has been done and whether any tree felling activity continues. Necessary police protection shall be provided by the police machinery of the State of Rajasthan to the officers of the TTZ Authority.
3. We make it clear that the TTZ Authority with the help of the police will ensure that no tree felling activity takes place on the land subject matter of Annexure A-4. A compliance report shall be filed by the third respondent within a period of three weeks from today which shall be considered on 22nd April, 2025 at 12 noon.
4. At this stage, our attention is invited by Mr. A.D.Rao, the learned Amicus Curiae to the Notification dated 23rd March, 2021 which records that the area of 27.855 square kilometers has been de-notified which was earlier forming part of Badh Baraitha Wildlife Sanctuary. He pointed out that this is in violation of the orders passed by this Court in Writ Petition (Civil) No.202 of 1995 and in particular the order dated 5th October, 2015 of this Court.
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5. We direct the Registrar (Judicial) of this Court to bring this part of the order to the notice of the Bench seized of Writ Petition (Civil) No.202 of 1995. IA NOS. 171142/2019 AND 74770, 74771/2024 (APPLNS. FOR DIRECTIONS, PERMISSION TO FILE REJOINDER AND EXEMPTION FOR O.T. ON B/O AGRA DEVELOPMENT FOUNDATION) IA NO. 176773/2024 (APPLN. FOR INTERVENTION ON B/O UTTAR PRADESH JAL NIGAM)
6. We have perused the affidavit filed by the Managing Director of the Uttar Pradesh Jal Nigam (for short, "the UPJN") dated 10th March, 2025.
7. As regards compliance with the directions contained in paragraphs 4 and 5 of the order dated 25 th November, 2024 regarding tapping of 38 untapped drains and 5 partially tapped drains, compliance was to be reported within a period of one month. Now, a stand has been taken by the UPJN by filing IA No.60618 of 2025 that certain part of the work will have to be done by the Agra Municipal Corporation (for short, "the AMC"). The said Municipal Corporation is before this Court.
8. We direct both the UPJN and the AMC to fully comply with the direction contained in paragraph 4 of the order dated 25th November, 2024 and report compliance to this Court by 15th April, 2025. The affidavits to be filed by both the entities reporting compliance by 21st April, 2025. The affidavits shall be considered on 1st May, 2025 at 12 noon.
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9. At this stage, Mr. K.M. Natraj, the learned Additional Solicitor General appearing for the UPJN pointed out that IA No.63524 of 2025 has been filed by the UPJN in which it is pointed out that the UPJN needs clearance from the National Mission for Clean Ganga for expeditious approval so that the order of this Court dated 25th November, 2024 can be complied with.
10. We direct the National Mission for Clean Ganga to consider the application made by the UPJN and immediately grant necessary approvals to enable the UPJN to implement the order of this Court dated 25th November, 2024. Accordingly, IA No.63524 of 2025 is disposed of.
11. The presence of the Managing Director of the UPJN is dispensed with for the time being.
IA NO. 64225/2022 (APPLN. FOR CLARIFICATION ON BEHALF OF ARUN KR. GUPTA)
12. The issue flagged in prayer clause (A) will have to be considered after a report is submitted by the National Environmental Engineering Research Institute (NEERI). As regards the prayer clause (B), a direction was issued in paragraph 17 of this Court's order dated 25th November, 2024. Now, we are informed that the State of Uttar Pradesh has filed an affidavit dated 23rd January, 2025 dealing with what is observed in paragraph 17 of the said order.
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13. For considering the affidavit of the State of Uttar Pradesh, list on 22nd April, 2025 at 12 noon. IA NOS. 20616, 20617/2020 (APPLNS. FOR INTERVENTION AND DIRECTIONS ON BEHALF OF ARUN KR. GUPTA)
14. Our attention is invited to the order dated 14th October, 2024 and, in particular, the direction contained in paragraph 26. We are informed across the Bar that the State Government had issued notices to all 60 industries mentioned in Annexure A-4 to file their counter affidavits and some of the industries have filed the affidavits/counter affidavits.
15. We direct all the industries which have filed the affidavits/counter affidavits to supply copies thereof to the office of Ms. Liz Mathew, the learned senior counsel appointed as Amicus Curiae or send it by e-mail ([email protected] or [email protected]) so that she can look into those affidavits/counter affidavits and file a common compilation to assist the Court.
16. Those industries which have not filed the affidavits/counter affidavits shall file the same within a maximum period of 10 days from today.
17. We will hear these applications on 22nd April, 2025 at 12 noon.
11 I.A. NO. 22551 OF 2025 (APPLN. FOR MODIFICATION)
18. A blanket modification is sought by the TTZ- Authority of the directions contained in paragraph 27 of this Court's order dated 14th October, 2024. Unless the TTZ Authority makes out a case for granting approval to a particular industry, such a blanket permission cannot be considered. Unless the Court is made aware whether the industry sought to be permitted is not going to create pollution, we cannot grant blanket permission. Therefore, the application shall remain pending which shall be heard along with IA Nos.20616-20617 of 2020. REPORT NO.31/2024 SUBMITTED BY CENTRAL EMPOWERED COMMITTEE
19. We have perused Report No. 31 of 2024.
20. As regards IA No.1566 of 2023, we approve the observations made by the Central Empowered Committee (CEC) in paragraph 4 (i) of the Report. As and when the proposal for widening of the road connecting the proposed bridge to the main road i.e., Kendriya Hindi Sansthan Road is considered by the relevant department and the issue is properly resolved, this application can be considered.
21. We permit the applicant to move this application at an appropriate stage in the light of the recommendations of the CEC.
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22. As regards IA No.1572 of 2023 filed by the U.P. State Bridge Corporation Limited, the CEC has recommended felling of 98 trees and translocation of 17 trees on conditions which are proposed in paragraph 10 of the report. We approve the recommendation of the CEC subject to the compliance with the conditions which are specified in paragraph 10 of the report.
23. However, we make it clear that the actual felling and translocation of trees shall not be undertaken without completing the plantation of saplings, as provided in clauses (b) and (c) of paragraph 10. After making compliance, the applicant shall file an affidavit to this Court and only thereafter will this Court consider of grant of permission of felling of 98 trees and translocation of 17 trees.
24. As regards IA No.1573 of 2023, the applicant-Uttar Pradesh State Bridge Corporation Limited is a public Corporation which is all along aware of the orders of this Court. Even before this Court could grant permission for felling of trees, the work on the project of bridge has been commenced by the applicant. That is what is noted by the CEC in their report. The photographs indicate that substantial work has been completed. A public sector corporation ought not to have taken this liberty.
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25. We, therefore, direct the applicant to pay costs quantified at Rs.5,00,000/- (Rupees Five Lakhs) to the NEERI within a period of one month from today.
26. We approve the recommendation of the CEC for grant of permission for felling of 198 trees subject to the compliance with the conditions specified in paragraph 10 of the report and payment of costs as directed aforesaid,.
27. We make it clear that unless an affidavit is filed by the applicant reporting compliance with the conditions in clauses (b) and (c) of paragraph 10, actual permission for felling of 198 trees shall not be granted. After the aforesaid affidavits are filed, this Court will pass further orders.
IA No.40499 of 2025
28. List on 22nd April, 2025 at 12 noon.
(ANITA MALHOTRA) (AVGV RAMU)
AR-CUM-PS COURT MASTER
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