Supreme Court allows processing of green MSME applications in Taj Trapezium Zone

The Supreme Court on Thursday permitted the Taj Trapezium Zone (TTZ) Authority to process around 400 pending applications for setting up non-polluting Micro, Small and Medium Enterprises (MSMEs) in the ecologically sensitive area around the Taj Mahal.

The TTZ, covering about 10,400 sq km across five districts in Uttar Pradesh and one in Rajasthan, was created under the Supreme Court's directions to protect the Taj Mahal from pollution. In October 2024, the court had imposed a moratorium on approving new industrial units or expanding existing ones without its prior nod.

A Bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and V. Mohan, directed that each proposal must be examined by experts from the Central Empowered Committee (CEC) and the National Environmental Engineering Research Institute (NEERI).

“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 this court,” the Bench directed.

The court further ordered that a representative from each of the CEC and NEERI must attend every meeting of the TTZ Authority that considers such applications. “No meeting shall be held unless both such experts are present,” the Bench said.

The judges clarified that if either expert believes a proposed unit cannot be classified as non-polluting, the TTZ Authority shall not approve it without the court's permission.

While noting that key studies—including a vision document for the TTZ, a cumulative impact assessment, and NEERI's final report on defining non-polluting industries—are still pending, the Bench observed that their completion should not delay processing the already received applications.

“What is of paramount importance is that the precautionary principle must be strictly followed and adhered to, with the advice and, wherever necessary, under the direct supervision of domain experts. We, therefore, direct that the TTZ Authority may process the pending applications,” the Bench said.

To ensure transparency, the court ordered that every decision on these applications be uploaded on the CEC's website, allowing the public to submit objections or suggestions. “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,” it said.

Additional Solicitor General Aishwarya Bhati, representing the TTZ Authority, argued that a complete ban on new industries was harming livelihoods. “There are around 400 applications pending. A complete ban on setting up new industries is impacting livelihoods. How do we curb the aspirations of millions of people?” she submitted.

Senior advocate Aparna Bhat, appearing for an intervenor, opposed any dilution of environmental safeguards, alleging that industries had been permitted in the Firozabad area despite the Ministry of Environment, Forest and Climate Change advising against it.

The Chief Justice observed that a “workable solution” was required, balancing environmental protection and economic needs.