Supreme Court Directs NEERI To Define And Classify Non-Polluting Industries With Assistance From CPCB And Experts

The Supreme Court on Friday (September 6) directed the National Environmental Engineering Research Institute (NEERI) to define and classify non-polluting industries with the assistance of the Central Pollution Control Board (CPCB) and consultation with relevant experts.

A bench of Justice Abhay Oka and Justice Augustine George Masih highlighted the critical nature of the task and directed NEERI to call meetings with all stakeholders involved. The Court ordered NEERI to submit a preliminary report by October 3, 2024, setting out the outer limit for completion of the task. The court kept the matter on October 4, 2024.

“As the task entrusted to NEERI is very crucial which will have wide repercussions, NEERI will call meetings of all stakeholders…NEERI to submit a preliminary report defining the outer limit of completion of the task by 3rd October. List on 4th October.”

The Supreme Court also asked the CEC to examine the proposal for the development of a civilian terminal at Agra airport and assess whether the number of trees required to be felled for the project could be reduced. The CEC has to submit a report on this issue by October 14, 2024.

The Court also reiterated its stance that tree felling and translocation in the Taj Trapezium Zone for the Agra-Jalesar-Etah road project would not be permitted unless substantial compensatory afforestation efforts are undertaken by the Uttar Pradesh government.

"We cannot permit felling of trees and translocation of trees unless substantial work of compensatory afforestation is carried out by the state government", The Court stated.

The Court noted that as per an affidavit by the state government, the work of planting 38,740 trees, a condition mandated before tree felling could proceed, has not yet started. The Court granted the state government time to file a compliance affidavit and listed the matter for hearing on October 4, 2024.

Earlier, the Court had emphasized that permission to fell the 2,818 trees identified by the CEC would only be considered once afforestation work began.

Justice Oka had criticized the state's approach, noting that the state sought permission to fell 3,874 trees in the Taj Trapezium Zone for the project, while the CEC report indicated that only 2,818 trees were actually required for removal.

The Court had stressed that public authorities must re-examine project alignments to minimize the number of trees cut, in line with Article 51A of the Constitution, which emphasizes the duty of citizens to protect the environment and uphold the right to a healthy environment.

Case no. – Writ Petition (Civil) No. 13381/1984

Case Title – MC Mehta v. Union of India & Ors.