Case Note & Summary
The case involved a writ petition concerning the Taj Heritage Corridor Project, where the petitioner, M.C. Mehta, sought intervention against the construction activities that were allegedly polluting the environment around the Taj Mahal. The Supreme Court had previously appointed a Monitoring Committee to oversee actions taken by the Agra Mission Management Board regarding pollution control. Reports submitted by the Monitoring Committee indicated that construction was proceeding without the necessary environmental clearances, prompting the court to issue notices and consider the implications of such actions. The court noted that the Union and State Governments were involved and expected them to act lawfully. However, subsequent inquiries revealed that the project commenced without proper approvals, leading to a CBI inquiry being ordered due to serious irregularities, including unauthorized financial releases and tampering with official records. The court directed multiple inquiries against various officials, including the former Chief Minister of Uttar Pradesh, and mandated that these inquiries be completed within a specified timeframe. The court emphasized the need for accountability and adherence to environmental laws in the execution of government projects.
Headnote
A) Environmental Law - Environmental Clearance - Requirement of Environmental Clearance for Construction Projects - Environment Protection Act, 1986, Section 3 - The court held that construction work commenced without necessary environmental clearance, necessitating immediate inquiry into the actions of the authorities involved. The court directed the Central Government and State Government to conduct departmental inquiries against responsible officials (Paras 1-6).
Issue of Consideration
Whether the construction work for the Taj Heritage Corridor Project was carried out without necessary clearances and approvals.
Final Decision
The Supreme Court directed immediate departmental inquiries against various officials involved in the Taj Heritage Corridor Project and mandated that the inquiries be completed within four months. The court also ordered the CBI to investigate the actions of the Chief Minister and other officials regarding unauthorized financial releases and potential corruption.
Law Points
- Environmental clearance
- departmental inquiry
- CBI investigation
- unauthorized expenditure
- tampering of records
