The Supreme Court has permitted the Taj Trapezium Zone (TTZ) Authority to begin processing nearly 400 pending applications for industries in the protected TTZ region around the Taj Mahal, while retaining stringent environmental safeguards. The Court said that the delay in completing scientific studies and policy documents could not indefinitely stop decisions on applications, particularly when livelihoods of local people were also at stake.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana passed the order on July 23, 2026.
Background of the Case
The matter arose in the suo motu proceedings concerning regulation of industries in the Taj Trapezium Zone (TTZ), a 10,400 sq. km. environmentally protected area created to safeguard the Taj Mahal and other historic monuments from industrial pollution.
In October 2024, the Supreme Court had directed that no new industry or industrial expansion in the TTZ could be permitted without its prior approval. The TTZ Authority later sought modification of that direction, stating that around 400 applications, mostly from micro, small and medium enterprises (MSMEs), had remained pending because of the restriction.
Appearing for the Union government, Additional Solicitor General Aishwarya Bhati submitted that only non-polluting MSMEs using cleaner sources such as electricity or natural gas were under consideration and that a complete halt was adversely affecting livelihoods in the region.
Senior Advocate Aparna Bhat opposed relaxing the restrictions, arguing that environmental safeguards must remain effective and raising concerns over past permissions granted to certain industries.
Court's Observations
The Bench observed that while the cumulative impact assessment, vision document and final report defining "non-polluting industries" were still awaited, these pending exercises should not indefinitely prevent consideration of industrial applications.
The Court said,
"We, therefore, direct that the TTZ Authority may process the pending applications."
At the same time, the Bench stressed that environmental protection would remain the primary consideration and that the precautionary principle must continue to guide every decision.
Referring to an interim report submitted by the National Environmental Engineering Research Institute (NEERI), the Court noted that the concept of a non-polluting industry should not be interpreted through a rigid formula alone. According to the report, heritage concerns, regional legacy and the Geographical Indication (GI) status of Agra should also be considered while assessing industries.
New Approval Mechanism
To balance environmental protection with economic activity, the Supreme Court laid down a detailed approval process.
Every meeting of the TTZ Authority considering industrial applications must include one expert nominated by NEERI and another nominated by the Central Empowered Committee (CEC). The Court made it clear that no meeting can take place unless both experts are present.
If either expert concludes that a proposed unit cannot be treated as a non-polluting industry, the application cannot be approved without obtaining permission from the Supreme Court.
However, where both experts and the TTZ Authority unanimously agree that an industry is non-polluting, the application may be processed in accordance with law without approaching the Court.
The Bench also directed that every approval must be uploaded on the CEC's website to invite objections or suggestions from the public before a final decision is taken.
Court's Decision
Modifying its earlier order, the Supreme Court allowed the TTZ Authority to process around 400 pending industrial applications under the newly prescribed expert-led mechanism.
The Court directed that approvals would be subject to mandatory participation of NEERI and CEC experts, public disclosure of decisions, and continued judicial oversight wherever expert opinion is divided.
Case Details
Case Title: In Re: Regulation of Industries in the Taj Trapezium Zone
Case Number: SMW(C) No. 9/2026
Judge: Chief Justice of India Surya Kant, Justice Joymalya Bagchi, Justice V. Mohana
Decision Date: July 23, 2026
 chief. Eknath Shinde – Shiv Sena leader-300x169.webp)
 Consular, Passport and Visa (CPV)-300x169.webp)
