M.C.
Mehta Vs. Union of India & Ors [1999] INSC 225
(22 July 1999)
M.Jagannadha
Rao, S.Saghir Ahmad 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 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:-
"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 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.
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:-
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 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.
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 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 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 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.
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