Supreme Court allows authorities to process 400 applications for industries in Taj Trapezium Zone

The Supreme Court on Thursday allowed processing of 400 pending applications for opening industries in the Taj Trapezium Zone (TTZ).

The TTZ is a 10,400 sq km protected area designed to shield the Taj and other heritage monuments in Agra from environmental harm.

A Bench of Chief Justice of India (CJI) Surya Katn and Justices Joymalya Bagchi and V Mohana said that delay in assessment studies and vision documents for TTZ cannot indefinitely stall decision-making with respect to pending industrial applications.

"We, therefore, direct that the TTZ Authority may process the pending applications," the Court directed.

TTZ Authority can process pending applications without approaching the Court where National Environmental Engineering Research Institute (NEERI), Central Empowered Committee (CEC) experts and the TTZ Authority are unanimous in their opinions with regard to an application, the Court said.

However, if either the NEERI or CEC expert finds an industry is polluting, the application cannot be cleared without the Supreme Court's permission.

Further, every approval must be uploaded on the CEC website to invite public objections before a final decision is taken, the Court emphasised.

The Court was hearing a case in which it had earlier ordered that no polluting industry shall be permitted in TTZ.

Additional Solicitor General Aishwarya Bhati, appearing for the Central government, told the Court on Thursday that a complete ban on new industries was impacting livelihood.

"No heavy industries are being considered here. Only MSME industries are being considered. We have around 400 applications pending for such industries. We has sought to process those applications. How do we curb the aspirations of millions of people? A complete ban on no new industry etc is impacting," she said.

Senior Advocate Aparna Bhat said that arbitrary sanctions were earlier granted for glass industries in the Firozabad area.

"There was arbitrary sanction of industries in the Firozabad area where glass industries were working. MoEF had advised not to set up those industries..in one of their internal meetings it was noted that such industries were still open," Bhat said.

The Bench opined that some workable solution must be arrived, while underscoring that only non-polluting industries should be allowed.

"There is some unanimity that only non polluting industries should be allowed. One NEERI report says what are the non polluting industry. We can form a committee with domain experts from CEC and NEERI who can take individual case based decisions on which industry is polluting and which is not polluting and then applications can be processed as it's a question of livelihood also," the CJI remarked.

The Court also referred to an interim report by NEERI which said that the definition of "non-polluting industries" should not be rigid.

"An interim report was submitted by NEERI on 21 April 2025, wherein it opposed adopting a rigid definition of "non-polluting industries". According to NEERI, a strict definition based solely on the standards prescribed by the Central Pollution Control Board (CPCB) would hamper the economic progress of the region. NEERI, instead, recommended that the concept of a non-polluting industry should also take into consideration factors such as the heritage, legacy and Geographical Indication (GI) status associated with Agra and the surrounding region," the Court noted.

Hence, it proceeded to direct that pending applications be processed notwithstanding a cumulative impact assessment study is still incomplete and the final report on the definition of non-polluting industries is yet to be submitted.

However, when such applications are considered, one expert nominated by CEC and one expert representative of NEERI should be present at such meetings.

"No meeting shall be held unless both such experts are present," the Court said.

In the event either of the two experts is of the opinion that a particular industry cannot be classified as a non-polluting industry, the concerned application shall not be accepted without the permission of the Court, the Bench underscored.

However, in cases where both experts, namely the representatives of NEERI and the CEC, are unanimous, and the TTZ Authority also concurs, such applications may be processed and taken to their logical conclusion, strictly in accordance with law and without any reference to the Supreme Court.

All such decisions should be uploaded on the website of the CEC so as to enable public-spirited persons to submit objections or suggestions, if any.

"Any such objections or suggestions shall also be considered by the TTZ Authority, in consultation with the experts nominated by NEERI and the CEC, before a final decision is taken," the Court added.

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