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This is an archive article published on July 12, 2018

Supreme Court anguish over Taj Mahal neglect: Shut it down, or demolish it

The apex court directed the Centre to file an affidavit in two weeks detailing what has been done for the protection of the monument and plans of further action. The bench said it would hear the matter on a day-to-day basis from July 31.

Supreme Court slams Centre, UP: Restore Taj Mahal or demolish it Supreme Court had also observed that the Mughal-era structure had turned yellowish due to the pollution. 

SLAMMING THE Centre, the UP government and other authorities for the “apathy” and “lethargy” in their efforts to preserve and restore the Taj Mahal, the Supreme Court Wednesday gave vent to its anger and frustration: “You can shut down the Taj. You can demolish it if you like, and you can also do away with it if you have already decided.”

Additional Solicitor General A S Nadkarni, who appeared for the Ministry of Environment and Forests (MoEF), was also told by the bench of Justices Madan B Lokur and Deepak Gupta: “Uttar Pradesh (government) is not bothered. No action plan or vision document has come yet. Either you demolish it (Taj) or you restore it.”

“We want you to give us an action plan of what you propose to do. We will hear it and finally dispose it. If it has to be shut down, let it be shut,” said the bench which is monitoring measures to preserve the Taj.

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The bench said it will take up the matter on a day-to-day basis from July 31.

READ: Why the Taj is losing its colour?

The Supreme Court had earlier ordered a moratorium on expansion of industrial units in the Taj Trapezium Zone (TTZ), an area of nearly 10,400 sq km spread over the districts of Agra, Firozabad, Mathura, Hathras and Etah in Uttar Pradesh and Bharatpur in Rajasthan.

In December 2017, the court asked the Uttar Pradesh government to come up with a “detailed and comprehensive vision document” that would protect the Taj for at least another couple of centuries.

The delay in filing such a document did not go down well with the bench. When one of the lawyers said that the vision document was being prepared, the bench said: “Will the vision document come after the Taj is demolished? Taj Mahal has to be protected or the Government of India has to decide if it has to be demolished.”

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On the last date of hearing, the court had suggested to the Centre to involve foreign experts, if need be, for the protection of the Taj.

ASG Nadkarni told the court that the Centre had set up a committee subsequent to this direction. “Centre has taken a serious view of the matter. The committee will find out the exact source of pollution in and around Taj. Three to four months are required for the report to be prepared” he said.

The court, however, found this “vague.”

Drawing a parallel between the Taj and the Eiffel Tower in Paris, the bench said the former was perhaps more beautiful, but India continued to lose tourists and foreign exchange due to negligence.

“There is the Eiffel Tower in Paris. Perhaps it is nothing compared to Taj Mahal. Eighty million people come there (Paris). This is eight times more than what we have. You can destroy the Taj, we don’t want to do it,” the court remarked.

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In India, the bench said, there were concerns about security, but in other countries, towers like “TV towers” have been made from where tourists can get a view of the entire city.

The bench also observed that the central and state governments had failed to do the needful to reduce the impact of pollution on the Taj’s marble despite a parliamentary committee report on this.

The bench also asked the TTZ chairman about allegations that industrial units in the area, which had been shut down many years ago, were being allowed to resume operations. “This permission is granted against the moratorium,” the bench said, and asked the chairman to be present in court on July 16.

The ASG submitted that the IIT was conducting an assessment of air pollution level in and around the Taj and TTZ and would submit its report within four months.

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

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