Full Judgment Text
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PETITIONER:
M.C. MEHTA
Vs.
RESPONDENT:
UNION OF INDIA & ORS.
DATE OF JUDGMENT: 22/07/1999
BENCH:
M.Jagannadha Rao, S.Saghir Ahmad
JUDGMENT:
J U D G M E N T
S.SAGHIR AHMAD, J.
Hot Mix Plants which were treated as hazardous
industries have since been closed with effect from 20th of
February, 1997 in pursuance of the Order dated 10.10.1996
passed by this Court in I.A. No. 22 in Writ Petition(C)
No. 4677 of 1985 (M.C. Mehta vs. Union of India & Ors.)
since reported in 1997 (1) Scale (SP) 31.
The Airports Authority of India at the Indira Gandhi
International Airport, New Delhi has filed this application
for permission to instal Hot Mix Plants in the vicinity of
IGI Airport for a period of one year for resurfacing of the
runways for the safe landing and take off of domestic and
international aircrafts and for smooth handling of aircraft
traffic. It is indicated in this application that the
resurfacing of the main runway was last done in the year
1990-91 while the resurfacing of the secondary runways was
carried out in 1998. It is further stated that due to the
constant use of these runways by the ever-increasing
traffic, both domestic and international, cracks have
developed in the runways and due to the wear and tear of the
surface of the runways, certain areas of the runways are
showing signs of distress all of which require immediate
resurfacing.
It is further stated in this application as under:-
"3. The resurfacing of the existing runways has to be
done using the bituminous overlays which necessitates the
hotmix plants to be installed within the vicinity of IGI
Airport or nearby sites not exceeding three to four
kilometers range. This is because to have a proper laying
of surface the premix material has to be maintained at a
very high temperature before laying it at the runways. The
time of transportation from the plant where the premix is
prepared to the runway site where it has to be laid has to
be minimised. In the event the distance if more than three
to four kilometers, more time in transportation would be
taken which would reduce the temperature of the premix
considerably thereby rendering the premix absolutely useless
for the purpose of laying it at the runways.
4. The temperature of the bituminous mix at the time
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of laying on ground has to be maintained over 120 degree "C"
and if such hot mix is transported at a distance of more
than 5 kilometers, the temperature is bound to go below 120
degree "C", rendering it ineffectual and inept for the
purpose of resurfacing the runways.
5. Pursuant to the directions given by this Hon’ble
Court in I.A. No. 22 in Writ Petition [C] No. 4677, M.C.
Mehta -vs- Union of India, 1997 [1] Scale SP 31; 10.10.96,
all the Hotmix Plants have been shifted to areas outside the
vicinity of Delhi and have stopped functioning as such
within the State of Delhi from 28th February, 1997. The
said plants which have now been installed outside the city
of Delhi are at a minimum distance of 25 kilometers from IGI
Airport. Such being the length of the distance, it will be
difficult to maintain proper quality of premix material and
the same may not be useful at all for laying at the runway
site. At the same time, very huge quantity of hotmix
material is required approximately 250,000 tonnes. For
transporting such a huge quantity of hot premix material for
laying it at the runway, over 100 number of trucks shall be
required to be deployed per day. It is impossible to deploy
100 trucks every day considering several road and traffic
restrictions for the movement of heavy duty trucks during
day time. As such, it has become next to impossible to have
resurfacing of the runways which have become completely worn
out and owing to several cracks in them which have recently
developed it may become well nigh impossible to receive and
handle any aircraft traffic whether domestic or
international.
6. In such circumstances, it is absolutely necessary
to carry out the work of repair and maintenance of the
wornout runways immediately, which cannot be done unless the
hotmix plants are permitted to be installed within the
vicinity of IGI Airport or nearby sites. Owning to these
extraordinary, exceptional and special circumstances, an
exception be made in favour of the petitioner and the
Hon’ble Court be pleased to permit petitioner to set up
hotmix plants within the vicinity of IGI Airport or at a
nearby site so that the resurfacing of the runways can be
done immediately and in a shorter period so that the landing
and take-off of aircraft traffic and also its handling is
not hindered.
7. The petitioner submits that the place where the
hotmix plants shall be installed for a period of one year
only is at least 2 kilometers away from the residential
areas and populace, and shall not cause any pollution or
environmental hazards. The applicant-Airports Authority of
India submits that the Hotmix Plants that will be installed
by it shall be fitted with pollution control devices of
international standards. The said plants shall meet all the
standards of pollution control prescribed by the Central
Pollution Control Board, who shall have full authority at
all times to inspect the installation of the hot mix plants
and also shall have constant vigil, supervision and watch of
the said plants throughout the period of one year so that
there is no deviation from the prescribed limits of
pollution. The hotmix plants will operate only for a period
of one year from the date of installation."
The Airports Authority of India also set out the
following undertakings with which, it said, it would bind
itself:-
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"i. That hotmix plants shall operate only for a
period of one year from the date of installation;
ii. That the said plants shall be at least 2
kilometers away from the populace and residential areas;
iii. That the hotmix plants shall operate and
function during prescribed hours, which the movement of
traffic and people is at least;
iv. The hotmix plants shall be fitted with pollution
control devices of international standards and shall meet
all the requirements prescribed by Central Pollution Control
Board;
v. That hotmix plants shall not emit pollutants
beyond the limits prescribed by the Central Pollution
Control Board;
vi. That Central Pollution Control Board shall at all
times, exercise, control and supervision of the hotmix
plants, so that there is no deviation from the prescribed
limits of pollutants;
vii. That the hotmix plants shall be used only for
the purpose of preparing premix material for the resurfacing
of runways and for no other purposes."
In the additional affidavit dated 1st April, 1999, it
was stated as under:-
"1. I say that for the resurfacing and strengthening
the main runway, secondary runway and parallel taxi track,
the applicant Airport Authority of India requires to put up
four numbers of hot mix plants of 100-120 tonnes per hour
capacity.
2. Two of these hot mix plants will be set up at one
location while the remaining two will be set up at another
location. The hot mix plants shall be fitted with the
pollution control device confirming to international
standards and also the device which meets all the
requirements of Central Pollution Control Board, Government
of India.
3. The hot mix plants proposed to be set up are also
of international quality and this technology is used the
world over including the U.S.A.
4. The hot mix plants have to be set up immediately
in view of the fact that cracks have developed in the
runways, making it hazardous for the operations of the
Aircrafts and passengers safety. If hot mix plants which
are used the world over are not allowed to be set up, the
airport will have to be shut down for about one year as hot
mix plant technology alone permits the work of resurfacing
to be continued while the runways are at the same time kept
functional.
5. It is reiterated that these hot mix plants
proposed to be set up which are of international technology
and for which global tenders have been invited by the
applicant, AAI and also the pollution control device which
shall be attached to these hot mix plants are the latest
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technology available in this field and are used the world
over by all the advanced countries. These plants and the
pollutiion control device meet the prescribed standards for
pollution control as set up by the Central Pollution Control
Board, Government of India."
On behalf of Central Pollution Control Board, its
Senior Environmental Engineer, Shri Lalit Kapur, filed a
short affidavit, dated 5th of April, 1999, in which it has
been, inter alia, stated as under:-
"The process emission from Hot Mix Plants contains
particulate matter and sulphur dioxide besides
toxic/carcinogenic hydrocarbons like benzene, formaldehyde,
anthracene and toxic metals like lead, arsenic, mercury,
cadmium. Therefore, the Expert Committee of CPCB has
categorised Hot Mix Plants as hazardous industry (Ha
category). As per Master Plan-2001, all hazardous/noxious
industries should be shifted out from U.T. of Delhi."
The main opposition came from Mr. M.C. Mehta who
appeared in person and filed his written submissions
indicating, inter alia, as under:-
"4. That some of the Hot mix plants are located in
Bajkheda, Gurgaon, which is about 8 kms. from the airports.
Therefore transportation of hotmix should not pose any
problem.
5. That according to the information received from
Dr. Mark Chernaik, a reputed scientist from USA,
"It is clearly possible to transport hot mix material
a distance of 20-25 kilometers (from the existing plants to
the airport) without a fall in temperature that impairs the
quality of the hot mix material.
This is substantiated by Mr. Maghsoud Tahmoressi,
Director, South Central Superpave Center, Bituminous
Section, Materials & Tests Division, Texas Department of
Transportation...
According to Mr. Tahmoressi, the distance you can
transport hot mix material from a hot mix plant to a project
site does not matter as much as the time it takes to travel
this distance. The allowable time from plant to project
site depends on several factors, including: 1) the outside
temperature: the allowable time is much less in cold
climates in winter than in hot tropical climates (such as
India); 2) the type of truck and truck covering: You can
greatly extend the allowable time by covering the hot mix
material with a tarp or by using an insulated truck bed; 3)
the type of aggregate used: Hot mix asphalt is a mixture of
two materials: asphalt and aggregate. The two most common
aggregates used in the production of hot mix asphalt are
limestone and river bed gravel. If you use the former
(limestone), the allowable time from plant to project site
is a little less because the limestone absorbs some of the
asphalt, reducing the quality of the hot mix material. You
can overcome this, however, by using a greater ratio of
asphalt to limestone aggregate.
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Regardless of these factors, Mr. Tahmoressi thinks
there would be no problem whatsoever to transport hot mix
material a distance of 20-25 kilometers from plant to
project site. This is not a very great distance. According
to Mr. Tahmoressi, in the State of Texas, it is common for
trucks to carry hot mix material 120-150 miles (200-240)
kilometers, driving a minimum of 2-3 hours) from plant to
project site, especially in rural areas.
I found a discussion on the Internet of a road paving
project where hot mix material was carried by truck 35 miles
(56 kilometers) from plant to project Production and
Placement of Superpave Hot Mix Asphaltic Concrete Pavement
"...Recently, our company was awarded a highway
contract from the Texas Department of Transportation on US
271 in Red River County. This contract consisted primarly
of a two-inch hot mix overlay. Approximately eleven
thousand tons of this material consisted of a 19.0mm
Superpave hotmix... At the beginning of placement, the air
temperature was 53o F and the conditions were cloudy. The
hot mix was produced at a temperature of 325o F and
transported 35 miles to the jobsite. The mix arrived at the
jobsite at 300o F. The mix was dumped directly into a
Roadtec RP- 230 paver and breakdown was initially achieved
using two Caterpillar 634-C twelve-ton rollers...."
6. According to information received from Dr.
Chernaik,
"There are two general types of asphalt plants:
1)Plants that produce asphalt cement for road construction
or repair; 2) plants that produce other asphalt products
(for example, asphalt roofing material). The first type of
asphalt plant is called a "hot mix" asphalt plant. They are
the most common type of asphalt plant.
A hot mix asphalt plant can emit large quantities of
dust and polyaromatic hydrocarbons (PAHs). Exposure to
dusts can cause a variety of lung illnesses. Exposure to
PAHs can cause lung cancer and other cancers.
The process that occurs at a hot mix asphalt plant is
relatively simple. The plant mixes crushed stone material
(pebbles) with liquid asphalt spray (a product of crude oil
distillation) in a rotating cylindrical mixing tube (the
drum) that facilitates the coating of the pebbles with a
sticky layer of asphalt. The temperature of the drum is
about 155 degrees centigrade. The mixture contains about
95% pebbles, and 5% asphalt. While the pebble-asphalt
mixture is still hot, the material is loaded onto trucks for
transport to a road construction site.
These plants can emit enormous quantities of dust
particles. As the drum rotates, it causes the dispersion of
very small particles of stone (dust).
7. That United States Environment Protection Agency
(US EPA) has, from time to time, issued notices to the Hot
Mix plants for causing health hazard. These notices state
that emissions from hot mix plants can impair lung function,
especially among children and the elderly. Some of the
instances are as follows:-
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i) EPA CITES BUCKO FOR CLEAN AIR ACT VIOLATION;
INCLUDES $43,000
FINE---U.S. Environmental Protection Agency (EPA)
Region 5 has recently filed an administrative complaint
against Bucko Construction Co. for an alleged clean-air
violation at the company’s hot-mix asphalt plant, 890 Chase
St., Gary, IN. A $43,000 penalty is proposed.
Inhaling high concentrations of particulates can
affect children, the elderly, and people with heart and lung
diseases the most.
EPA’s goal is to protect public health and the
environment, and we will take all necessary steps to ensure
comliance with clean-air regulations," saud David Kee,
director of the regional Air and Radiation Division.
(Source: http: //www.epa.gov/reg500pa/news98/98opal7
6.htm)
ii) EPA CITES H&D FOR AIR POLLUTION; INCLUDES
$191,297 PENALTY
U.S. Environmental Protection Agency (EPA) Region 5
has recently filed an administrative complaint against H&D,
Inc., for clean Air Act violations at the company’s
Cheboygan County, MI, hot mix asphalt plant. A $191,297
penalty is proposed. (Source:
http://www.epa.gov/reg500pa/news/96opal45.htm)
iii) ASPHALT MAKER FINED $17,000 FOR CLEAN AIR ACT
VIOLATIONS
"BALTIMORE- The U.S. Environmental Protection Agency
announced today that it has settled its Clean Air Act
lawsuit against Redland Genstar, Inc., a Baltimore-based
asphalt maker. In its September 1997 complaint, EPA alleged
that Redland Genstar violated EPA’s regulation limiting
particulate emissions from "hot mix" asphalt plants. The
regulation prohibits emissions of 20% opacity or greater.
In a joint inspection by EPA and the Maryland Department of
the Environment on May 7, 1997, inspectors documented
visible emissions ranging from 32.2% to 34.8% opacity.
"Particulate pollution has been linked to respiratory
illness and increased mortality in humans." ( Source:
http://www.epa.gov/region03/r3press/ pr98-1555.htm)
8. It is submitted that all building structures like
a hot mix plant exhaust gas stack, will obstruct the path of
airplanes flying into and out of airports. There are also
Environment protection Rules (section 5) and local zoning
laws and regulations prohibiting the location of industries
near sensitive areas. Also, construction of new hotmix
plants will require plying of large number of trucks for
transportation of raw material which negates the argument of
Airports Authority that transportation of hotmix is not
feasible as it will require deployment of 100 trucks a day.
9. It is submitted that the hotmix plants shifted
under the Order of this Hon’ble Court were not in proximity
of the airports and were located in areas of Lal Kuan,
Rangpuri, Mehrauli and Khayalla. As some of the hotmix
plants are already operating in Bajkheda, Gurgaon, which is
about 8 kms. from the International airport, the Airports
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Authority can set up new hot mix plants in that area.
10. Airports Authority of India was never a party to
this case and they never approached this Hon’ble Court
during the last five years when this case of hotmix plants
was being heard by this Hon’ble Court. Further, for a new
industry of such large scale, manufacturing 250,000 tons of
hotmix, it is necessary to obtain clearance from the
Ministry of Environment under Environment Impact Assessment
Notification 1994. Setting up of new industries requires
site clearance and other permissions and consent from the
authorities under the law."
The applicant also filed an additional affidavit in
view of the Court’s Order dated 6.4.1999 in which it was
stated as under:-
"5. It is further submitted that this Hon’ble Court
by its order dated 6th April, 1999 has directed the
Applicant Airport Authority "to file a better affidavit
indicating the modern technology which would be employed for
commissioning the Hot-mix plant and the Pollution Control
Device which would be utilised for running the Hot-mix plant
coupled with expert opinion". It is submitted that the
Applicant applied to the Director General, Ministry of
Surface Transport for its expert opinion in respect of
Pollution Control Device that may be installed in the use of
Hot-mix plants. The Ministry of Transport which is the
highest expert body for road works has by its letter dated
16th April, 1999, a true copy of which is annexed as
ANNEXURE A-2, informed the Applicant that "the following
three types of pollution control devices are in use on the
Hot-mix plants of different capacity to carry out the works
at different places in India.
i. Wet Scrubber ii. Mist Elimination iii. Bag House
filter
"it depends upon the manufacturers and to the user as
to which type of pollution control device is suitable with
their plants".
6. It is submitted that the technology used for
Hot-mix plants differs from manufacturer to manufacturer.
In India, the best Hot-mix plants are manufactured by
Apollo. The technology used by Apollo and the technical
specification of the plant are given in their literature
which gives the details of the technology used in the
Hot-mix plants as well as the Pollution Control Unit that
shall be fitted in the plant. A copy of the Brochure of
Apollo giving the technical specification of the technology
used by them for Hot-mix plants is annexed hereto and marked
as ANNEXURE A-3.
7. The Gujarat Apollo Equipments Limited have also
given the detailed technical specifications for the bag
Filter Pollution Control device, a true copy of which is
annexed as ANNEXURE A-4. It bears repetition that Bag
Filter Pollution Control Device is one of the three devices
which are used for pollution control in Hot-mix plants as
stated in the letter dated 16th April, 1999 [Annexure A-2]
of the Ministry of Transport.
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8. The Applicant further submits that the permissible
limit of emission of particulate matters in respect of
Hot-mix plant is 150 mg. under the Environment Protection
Rules. The Applicant has been assured by Apollo [who
manufacture the Hot-mix plants, the technical specifications
of which are enumerated in their literature annexed as
Annexure A-3] and also by Gujarat Apollo Equipment who shall
be supplying the Bag Filter Pollution Control Device that
their technology and the plants supplied by them shall meet
the permissible limits of the emission of particulate
matters prescribed by the Environment Protection Rules. The
applicants has been assured that after the setting up of
these devices the emission of particulate matters from the
Hot-mix plants shall not exceed 150 mg. The prescription of
150 mg. by the Environment Protection Rules is stated in
the order dated 10th October, 1986 in I.A. No. 22 in Writ
Petition [Civil] No. 4677 of 1985 of this Hon’ble Court.
9. That the Applicants on having made enquiry from
the Delhi Pollution Control Committee about the norms
prescribed by the Air [Prevention and Control of Pollution]
Act, 1981 in respect of the Hot-mix plants have been
informed that no norms, standards or guidelines have been
prescribed for the installation of the Hot-mix plants under
the said Air Act of 1981. In fact the Haryana State
Pollution Control Board in their letter dated 24-06-1997
addressed to Environmental Engineer, Regional Office,
Faridabad has interalia stated as follows: "The Air
[Prevention and Control of Pollution] Act, 1981, came into
being in the year 1981 but since then norms/standards for
the installation of Hot-mix plants and guidelines of
settling criteria for the installation of Hot-mix plants
have not been laid down for implementing the provisions of
the Air Act, for controlling pollution of the Hot-mix
plants".
10. It is submitted that in so far as Applicants are
aware, no norms, standards or guidelines are prescribed
either by the Air [Prevention and Control of Pollution] Act,
1981 or under the Environment Protection Act, 1986 and this
position has been confirmed by the Haryana State Pollution
control Board in their said letter dated 24-06-1997
addressed to the Environmental Engineer, Regional Officer,
Faridabad. However, as stated above the Applicants have
been confirmed by the manufacturers of Hot-mix plants namely
Apollo and also by the suppliers of Bag Filter Pollution
Control Device namely Gujarat Apollo Equipments Ltd. that
the emission of particulate matter shall not exceed 150 mg.
vide dated 13-04-1999 addressed to the Applicants which is
marked as ANNEXURE A-5 which is the maximum prescribed limit
as stated in the order dated 10th October, 1996 of this
Hon’ble Court in I.A. No. 22.
11. The Applicant submits that the affidavit dated
5th April, 1999 of Central Pollution Control Board referred
to in the order dated 06-04-1999 of this Hon’ble Court does
not state the limits and norms prescribed under the Air
[Prevention and Control of Pollution] Act, 1981 or the norms
prescribed under the Environment Protection Act. Had such
information as regards norms/limits and guidelines etc.
been given in the said affidavit dated 5th April, 1999 of
the Central Pollution Control Board, then the Applicant
would have been in a position to take expert opinion as
regards the efficacy of their proposed Hot-mix plants and
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the pollution control devices vis-a-vis the norms
prescribed, if any. However, it is reiterated that the
emission of the particulate matters shall not exceed 150 mg.
The plants if allowed to be set up shall function under the
supervision and control of the Central Pollution Control
Board and the Applicant undertakes that all the norms and
limits prescribed by the Central Pollution Control Board
shall be fully complied with."
One of the objections raised on behalf of Mr. M.C.
Mehta and Central Pollution Control Board was that Gurgaon
which was in Haryana was only 8 kms. away from IGI Airport
and that Hot Mix Plants can be located there. It was
contended that if this was done, the Court’s earlier Order
dated 10.10.1996 would not be contravened. To this
objection, the Airports Authority of India has stated in its
additional affidavit as under:-
"12. A statement purporting to be in public interest
was made at the time of last- hearing on 06-04-1999 that
Gurgaon is only 8 kms from the Delhi border. By this
apparently innocuous statement a subtle suggestion was
sought to be insinuated that the Hot-mix plants can be
easily located at the distance of about 8 kms. or
thereabouts and there is no necessity to allow the Applicant
to set up Hot-mix plants within the vicinity of IGI Airport.
This is a fallacious argument leading to a prevented
inference.
13. It is true that the distance of Gurgaon border is
8 kms. from National Highway No.8. However Hot-mix plants
are not allowed to be set up at the very border of Gurgaon.
Further the Airport gate [Terminal II] is not situate at the
very National Highway 8 junction. The distance of Terminal
II gate from National Highway junction is a further distance
of 8 kms. from National Highway junction. In addition, the
distance inside the Airport upto the site of work is 6 kms.
Thus, the distance between the nearest point of Gurgaon
Border from the site of work is at least 22 kms. in the
event the Hot-mix plant is set up at the very border of
Delhi and Gurgaon. It will be ludicrous to expect that the
Applicant will be allowed to set up the plant at the very
border of Gurgaon or even in the midst of city. The total
distance of the nearest existing Hot-mix plant in village
Silana District, Jhajjar, Haryana is 78 kms. This distance
was checked by sending the office vehicle with one of the
officers of AAI who left the Airport at 11.30 A.M. and
could return at 5 P.M. on 08-04-1999. There are two
railway crossing [Delhi - Jaipur Track] and one border check
post of Delhi-Haryana. Time wasted at these check-posts
railway crossing is unpredictable. Considering the time
taken for a loaded truck to move through the traffic during
the day time, minimum time required for travelling one way
comes to above 2 hours, and the turn over period for one
truck including the loading and unloading period comes to
above four and half hours. Since daily laying of 800 MT
Bituminous mix work on runway has to be carried out within 4
hours followed by 2 hours for compaction/rolling before
opening the runway to aircraft operations, it will not be
possible for one truck to make more than one trip in each
day. Therefore, in case of HMP outside Airport territory
the number of trucks required will be 90 to 100. Movement
of such a large number of trucks through normal traffic
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conditions will pose even more serious pollution problems
than that caused by installing a non-polluting HMP. All
this traffic congestion and vehicular pollution can be
avoided by installing the Hot-mix plant within the vicinity
of IGI Airport for the limited purpose of resurfacing the
runways. If this is not allowed, it will be very difficult
to maintain the temperature of Hot- mix at 120 degree as the
trucks will have to travel a distance of minimum of 55 to 70
kms." The Airports Authority of India also pointed out that
if Hot Mix Plants were located at Gurgaon, they would have
to deploy trucks to transport the bitumen material to the
Airport for resurfacing of the runways which would be a
security hazard. It was pointed out as under:-
"14. It is submitted that since the work lies inside
the high security area, even use of large number of trucks
shall also attract security risks to the airport, whereas,
if HMP is located at the airport, the Applicant Airport
Authority shall be have better security control since the
trucks shall be operating within airport security watch and
ward.
15. That the Airport runways are subjected to heavy
loads of the order of 400 to 600 metric tones, as compared
to the normal traffic which is of the order of about 20
tonnes. The aircraft induces very high stresses in the
pavement and stability requirement and strength requirement
of the Airport Pavement is very high, it needs very rigid
quality control standards for production of hot mix as well
as for laying and completing the mix. Therefore, the work
on runway pavement cannot be managed from any far away
located HMP. The work on runways cannot be compared to
roads and highways where traffic loads are much less and
slight variation in quality does not cause problems to the
vehicular traffic, whereas on runways even a single piece of
stone aggregate can play serious damage to the aircraft
engine. Moreover much of the work will done during the
winter months from November to February. If the distance to
be covered is between 45 to 70 kms. by trucks then the
temperature of the Hot-mix material is bound to fall below
120 degree C making it unfit for the purpose of laying and
strengthening the runways."
The Airports Authority of India also cited the example
of similar work being carried out at the Mumbai Airport. It
was pleaded:-
120 tonnes per hours adjacent to the Airport. The
applicant submits that this is the only one technology
available for the resurfacing of runway when the Airport is
in operation and does not warrant closure of airport for a
longer period than 6 to 7 hours at a stretch. Normally the
work is carried out for 5 to 6 hours and then the Airport is
open to the operation of air traffic, even some times during
Emergences of air borne aircraft we have to stop the work at
shorter notice of one hour and clear the runways for
emergency landing of aircraft.
17. It is reiterated that after the strengthening and
resurfacing has been completed, the runways will not require
to be repaired and strengthened for a long number of years.
The permission to set up Hot-mix plants within the vicinity
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of IGI Airport is sought for a period of one year after the
work of repair and resurfacing is complete. The Hot-mix
plants shall be dismantled and removed immediately."
Resurfacing of Airport Runways is a work of national
importance which has to be carried out so that the IGI
Airport is operational and does not cause any operational
hazard at the time of landing or take off. The
environmental problem has to be balanced with the necessity
of running an International Airport in the Capital of India.
The Airports Authority of India has already called for
global tenders for the job in question in which one of the
eligibility criteria is that the firm must possess adequate
capacity environment friendly Hot Mix Plant, electronically
computerised paver finisher, Pnumetic and conventional
rollers and tools and tackles.
Having regard to the facts set out in various
affidavits filed before us specially the additional
affidavit dated 19.4.1999 filed on behalf of Airports
Authority of India, we are of the view that the applicant
has to be allowed to set up Hot Mix Plants for resurfacing
of the runways at IGI Airport, New Delhi. We have already
allowed the setting up of Hot Mix Plants and their operation
for a period of three months to C.P.W.D. for repairing the
Delhi roads. We, therefore, allow the application and
direct as under:-
i) The Airports Authority of India shall, after
finalising the tenders and awarding the contract for
resurfacing of Runways, allow the setting up of Hot Mix
Plants in the safe vicinity of IGI Airport at least at a
distance of 3 kms. from a populated area.
ii) The Hot Mix Plants set up by the company whose
tender is accepted would be examined by the Central
Pollution Control Board on the environmental feasibility,
specially to ensure that the particulate matter emission
does not exceed the prescribed limit of 150 mg/Nm3 under the
Rules made under the E.P. Act.
iii) The vehicles on which the resurfacing material is
transported shall be loaded and unloaded in the presence of
the Security staff of the IGI Airport who shall constantly
escort these vehicles to and fro from the Hot Mix Plants to
the work site at the IGI Airport and back so as to rule out
the possiblity of any security risk.
iv) The Hot Mix Plants shall be operated for a period
of one year from the date on which these are installed or
till the resurfacing of the Runways is done and completed,
whichever is earlier.
If any problem in managing the Hot Mix Plants at the
distance indicated above or in the transport of the material
or maintenance of its temperature is felt by the Airports
Authority of India, it will be open to it to approach this
Court for any further directions or modification of the
above directions.
The I.A. is disposed of with the above directions.