VINEET SARAN,J - (1.) FOR running any industry, fuel is the most important component. In the 19th century, the main fuel was coal and coke, which in the 20th century was oil. In the 21st century the main fuel for the industry is, and is likely to continue to be, natural gas.
(2.) THE dispute in the present petitions is primarily with regard to the fixation of price of natural gas, earlier supplied by Gail (India) Ltd. (in short GAIL) and now by Gail Gas Ltd., to the industrial units of Agra and Firozabad falling in the Taj Trapezium Zone (in short TTZ). The history of this litigation stems from a Public Interest Litigation filed by one M.C.Mehta for curtailing the pollution in Agra because emission from the industries of the area was eroding and damaging the grandeur of the Taj Mahal, which is a national monument and is one of the Seven Wonders of the World. The said writ petition (PIL) was filed in the year 1984 and after hearing the parties concerned, as well as seeking reports from the expert committees, namely, Vardharajan Committee and National Environment Engineering Research Institute (NEERI), the Supreme Court, vide its order dated 30.12.1996 passed in M.C.Mehta vs. Union of India AIR 1997 SC 734, gave certain directions to the effect that the polluting industries in TTZ be either closed down, or re-located outside TTZ, or converted to be run by natural gas instead of coal/coke. The directions in this regard have been given in paragraph 29 of the judgment, which are re-produced below:- "29. We order and direct as under:- (1) The industries (292 listed above) shall approach/apply to the GAIL before February 15, 1997 for grant of industrial gas-connection. (2) The industries which are not in a position to obtain gas connections and also the industries which do not wish to obtain gas connections may approach/apply to the Corporation (UPSIDC)/Government before February 28, 1997 for allotment of alternative plots in the industrial estates outside TTZ. (3) The GAIL shall take final decision in respect of all the applications for grant of gas connections by March 31, 1997 and communicate the allotment letters to the individual industries. (4) Those industries which neither apply for gas connection nor for alternative industrial plot shall stop functioning with the aid of coke/coal in the TTZ with effect from April 30, 1997. Supply of coke/coal to these industries shall be stopped forthwith. The District Magistrate and the Superintendent of Police shall have this order complied with. (5) The GAIL shall commence supply of gas to the industries by June 30, 1997. As soon as the gas supply to an industry commences, the supply of coke/coal to the said industry shall be stopped with immediate effect. (6) The Corporation/Government shall finally decide and allot alternative plots, before March 31, 1997, to the industries which are seeking relocation. (7) The relocating industries shall set up their respective units in the new industrial estates out-side TTZ. The relocating industries shall not function and operate in TTZ beyond December 31, 1997. The closure by December 31, 1997 is unconditional and irrespective of the fact whether the new unit outside TTZ is completely set up or not. (8) The Deputy Commissioner, Agra and the Superintendent (Police), Agra shall effect the closure of all the industries on December 31, 1997 which are to be relocated by the date as directed by us. (9) The U.P. State Government/Corporation shall render all assistance to the industries in the process of relocation. The allotment of plots, construction of factory buildings, etc., and issuance of any licence/permissions, etc., shall be expedited and granted on priority basis. (10) In order to facilitate shifting of industries from TTZ, the State Government and all other authorities shall set up unified single agency consisting of all the departments concerned to act as a nodal agency to sort out all the problems of such industries. The single window facility shall be set up by the U.P. State Government within one month from today. The Registry shall communicate this direction separately to the Chief Secretary, Secretary (Industries) and Chairman/Managing Director, UPSIDC along with a copy of this judgment. We make it clear that no further time shall be allowed to set up the single window facility. (11) The State Government shall frame a scheme for the use of the land which would become available on account of shifting/relocation of the industries before June 30, 1997. The State Government may seek guidance in this respect from the order of this Court dated May 10, 1996 in I.A. No. 22 in Writ Petition (Civil ) No. 4677 of 1985. (12) The shifting industries on the relocation in the new industrial estates shall be given incentives in terms of the provisions of the Agra Master Plan and also the incentives which are normally extended to new industries in new industrial estates. (13) The workmen employed in the above mentioned 292 industries shall be entitled to the rights and benefits as indicated hereunder:- (a) The workmen shall have continuity of employment at the new town and place where the industry is shifted. The terms and conditions of their employment shall not be altered to their detriment. (b) The period between the closure of the industry in Agra and its restart at the place of relocation shall be treated as active employment and the workman shall be paid their full wages with continuity of service. (c) All those workmen who agree to shift with the industry shall be given one year's wages as 'shifting bonus' to help them settle at the new location. The said bonus shall be paid before January 31, 1998. (d) The workmen employed in the industries who do not intend to relocate/obtain natural gas and opt for closure, shall be deemed to have been retrenched by May 31, 1997, provided they have been in continuous service (as defined in Section 25-B) of the Industrial Disputes Act, 1947) for not less than one year in the industries concerned before the said date. They shall be paid compensation in terms of Section 25-F(b) of the Industrial Disputes Act. These workmen shall also be paid, in addition, six years' wages as additional compensation. (e) The compensation payable to the workmen in terms of this judgment shall be paid by the management within two months of the retrenchment. (f) The gratuity amount payable to any workmen shall be paid in addition."
(3.) BY such directions, the Supreme Court ensured that coal/coke based industries within TTZ, which were the main cause of pollution, were either converted to gas based industries or they be located outside the TTZ or else they may shut down. The concept of use of natural gas for running the industries in the TTZ was itself introduced for the first time through the order dated 30.12.1996 passed by the Supreme Court. The direction of there being no coal/coke based industry in the TTZ was very clear for all industries.;