IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

I.A. NO. 12850/2018

WRIT PETITION (C) No. 13381/1984

IN THE MATTER OF:

M. C. MEHTA … Petitioner

VERSUS

UNION OF INDIA … Respondents

AFFIDAVIT IN RESPONSE TO I. A. No. 12850, ON BEHALF

OF TTZ AUTHORITY

I, K. Rammohan Rao, aged about 54 years S/O Late Sri K. Raja

Rao, Commissioner, Agra Division, Agra, Uttar Pradesh and
Chairman, TAJ TRAPEZIUM ZONE POLLUTION (PREVENTION &
CONTROL) AUTHORITY, AGRA do hereby solemnly affirm and
state as under –

1- That I, being the chairman, TTZ Authority am fully

conversant with the facts and circumstances of the case,
hence, I am competent to swear this affidavit.
2- That present affidavit is being filed on behalf of TTZ
Authority in pursuance to the petition filed by National
Chamber of Industries and Commerce herein in the
above captioned matter by stating issuing directions and
appropriate action including contempt orders against the
respondents in I.A. No. 12850/2018 for the act of willful
disobedience of status Quo Order dated 22nd March 2018
and the order dated 30th December, 1996 passed by this
Hon’ble Court. The petitioner has raised issues regarding
illegal operation of coal furnace, permission to new
highly polluting industries within the limits of TTZ,
irregularities in granting approvals to existing industrial
units and new units etc.
3- So far as the question of compliance of order dated
30/12/1996 passed by this Hon’ble Court is concerned,
the petitioner in his petition has pointed out some
directions of this Hon’ble Court, regarding which, it has
been alleged that TTZ Authority has not complied with
the same, whereas regarding the direction issued by
Hon’ble Supreme Court of India, TTZ Authority through
different concerned departments of State of Uttar
Pradesh has taken/ taking effective steps. The para wise
reply to the note of submission is as under –

PARA WISE REPLY:-

1- That averments made in para 1 of the petition are matter

of record, hence need no reply.
2- That averments made in para 2 of the petition are matter
of record, hence need no reply.
3- That averments made in para 3 of the petition are matter
of record, hence need no reply.
4- That averments made in para 4 of the petition are wrong
and the same are denied. The concerned departments
have ensured effective compliance of the directions
issued by this Hon’ble Court. Deponent, as chairman of
TTZ Authority ensures time to time whether the
concerned departments are taking steps to ensure the
compliances of the directions issued by this Hon’ble
Court or not. However a few gaps may still be there in
the compliance of the directions issued by this Hon’ble
Court but deponent and concerned departments are
ensuring the compliances of the every directions issued
by this Hon’ble Court for protection and conservation of
Taj Mahal. The operation of coal furnace based industries
are strictly prohibited and stopped in the TTZ area.
5- That averments made in para 4 of the petition are wrong
and the same are denied. TTZ authority time to time
takes effective steps to prevent pollution in TTZ area and
checks and stops the operations of noxious fumes
emanating polluting industries.
6- That averments made in para 4 of the petition are wrong
and the same are denied. No pollution making industries
are permitted to operate in TTZ area.
7- That averments made in para 4 of the petition are wrong
and the same are denied. No new polluting industry has
been allowed to be set up with enhanced capacity in TTZ
area. This Hon’ble Court in their order dated 30/12/1996
has no where issued any direction that no new industries
should be permitted in TTZ area.
8- That averments made in para 4 of the petition are wrong
and the same are denied. Deponent is not in the position
to comment on averments of petitioner that which kind
of representations they receive from their members.
Deponent strongly denies the averments of petitioner
that TTZ Authority, on selective basis, has been granting
approvals to the existing industrial units and even new
polluting industries in TTZ area.
9- That averments made in para 9 of the petition are
concern with petitioner, hence need no reply.
10- That averments made in para 10 of the petition are
matter of record, hence need no reply. However, the
deponent strongly denies that TTZ authority has ever
adopted any arbitrary and irrational criteria for
permitting new/any polluting industries to be set up at
TTZ area and permitting capacity expansion of the
existing industries and such selections and approvals
were being made in an ad-hoc manner while similarly
placed industries in the TTZ Area were not being granted
approval in similar fact situations.
11- That averments made in para 11 of the petition are
matter of record, hence need no reply.
12- That deponent is apprised with the order dated
22/03/2018 passed by this Court. However, rest of the
averments made in para 4 of the petition are wrong and
the same are denied.
13- That averments made in para 13 of the petition
have been written to create confusion. If some
application comes before authority for consideration
then authority is obliged to consider the same.
14- That averments made in para 14 of the petition are
wrong and the same are denied. In fact, in compliance of
orders passed by Hon’ble Allahabad High Court in Writ
Petition No. 61708/2017 after haring upon
representation submitted by M/S Hi Light Glass Private
Limited, Firozabad, in the capacity of Commissioner Agra
Division/ Chairman TTZ Authority, upon the directions of
deponent, the said matter was presented before the 41st
meeting of TTZ Authority and the decision was taken
unanimously after studying the instructions passed from
time to time and regarding the facts presented by the
concerned departments, their reports and the stand of
Government of India in this regard, and after considering
the order passed by this court in M.C.Mehta versus
Union of India that it is inappropriate to provide 35,000
SCMD gas to the unit. Presently, in order of gas Capacity
of 21398 SCMD, the TTZ Authority has no objection in
giving 19258 SCMD gas to the unit and the prayer of
capacity expansion of the unit (Hi Light Glass Pvt. Ltd.)
was denied by the TTZ Authority.
15- That averments made in para 15 of the petition are
wrong and the same are denied.
16- That averments made in para 16 of the petition are
wrong and the same are denied.
17- That averments made in para 17 of the petition are
wrong and the same are denied. The TTZ Authority is
strictly following the directions given by this Court from
its various orders from time to time.
18- That averments made in para 18 of the petition are
wrong and the same are denied. The use of coal is strictly
prohibited in TTZ area. The deponent and TTZ Authority
keeps track on this issue from time to time.
19- That averments made in para 19 of the petition are
matter of record, hence need no reply. However, orders
have been issued and executed to close related units.
20- That averments made in para 20 of the petition are
matter of record, hence need no reply. However, TTZ
Authority monitors to implement the directions issued by
this Hon’ble Court from time to time.
21- That averments made in para 21 of the petition are
wrong and the same are denied.
22- That averments made in para 22 of the petition are
matter of record, hence need no reply.
23- That averments made in para 23 of the petition are
matter of record, hence need no reply.
24- That averments made in para 24 of the petition are
matter of record, hence need no reply. However, the
averments in the para that TTZ Authority have not
complied with the order dated 30/12/1996 passed by
this Hon’ble Court are wrong and the same are denied.
25- That averments made in para 25 of the petition are
matter of record and not concerned with deponent,
hence need no reply.
26- That averments made in para 26 of the petition are
matter of record and not concerned with deponent,
hence need no reply.
27- That averments made in para 27 of the petition are
matter of record and not concerned with deponent,
hence need no reply.
28- That averments made in para 28 of the petition are
wrong and the same are denied.
29- That averments made in para 29 of the petition are
matter of record and not concerned with deponent,
hence need no reply.
30- That averments made in para 30 of the petition are
matter of record, hence need no reply.
31- That averments made in para 31 of the petition are
matter of record, hence need no reply.
32- That averments made in para 32 of the petition are
matter of record, hence need no reply.
33- That averments made in para 33 of the petition are
matter of record, hence need no reply.
34- That averments made in para 34 of the petition are
matter of record and not concerned with deponent,
hence need no reply.
35- That averments made in para 35 of the petition are
matter of record, hence need no reply. However,
deponent makes it clear that no pollution making
industry is allowed to operate in TTZ Area.
36- That averments made in para 36 of the petition are
wrong and the same are denied.
37- That averments made in para 37 of the petition are
wrong and the same are denied.
38- That averments made in para 38 of the petition
that “The acts of Other Respondents are contumacious,
most reprehensible and in utter disregard of the process
of this Hon’ble Court” are wrong and the same are
denied. However, deponent do admits the rest of the
averments made in para 38 of the petition.
39- That averments made in para 39 of the petition are
wrong and the same are denied.

DEPONENT

VERIFICATION:-
I, the deponent above named, do hereby solemnly
affirm that the contents of para 1 to 39 of the foregoing
affidavit are true and correct to my knowledge and
belief. No part of it is false and nothing material has been
concealed there from.
Verified at Agra on this the day of July, 2018.

DEPONENT