1999 (7) TMI 588 - SC - Indian Laws

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 Held that - Having regard to the facts set out in various affidavits filed specially the additional affidavit dated 19-4-1999 filed on behalf of the Airports Authority of India the applicant has to be allowed to set up hotmix plants for resurfacing of the runways at IGI Airport New Delhi 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 hotmix plants in the safe vicinity of IGI Airport at least at a distance of 3 kms. from a populated area. (ii)The hotmix plant 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 EP 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 from the hotmix plants to the work site at the IGI Airport and back so as to rule out the possibility of any security risk. (iv)The hotmix 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 hotmix 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.

Issues Involved:
1. Permission to install hotmix plants in the vicinity of IGI Airport.
2. Environmental and pollution concerns.
3. Security and logistical challenges.
4. Compliance with previous court orders and environmental regulations.
5. Feasibility and necessity of resurfacing runways.

Issue-wise Detailed Analysis:

1. Permission to Install Hotmix Plants:
The Airports Authority of India (AAI) filed an application seeking permission to install hotmix plants near IGI Airport for a year to resurface runways. The resurfacing was necessary due to cracks and wear from heavy traffic, affecting the safe landing and takeoff of aircraft. The AAI emphasized the need for hotmix plants within a 3-4 km range to maintain the high temperature of the bituminous mix essential for effective resurfacing.

2. Environmental and Pollution Concerns:
The Central Pollution Control Board (CPCB) classified hotmix plants as hazardous industries due to emissions of particulate matter, sulphur dioxide, and toxic substances like anthracene and heavy metals. The CPCB's affidavit highlighted the environmental risks, stating that hotmix plants should be located outside Delhi as per the Master Plan 2001. Mr. M.C. Mehta, appearing in person, argued that hotmix plants could be located in Gurgaon, 8 km from the airport, without compromising quality, citing expert opinions on the feasibility of transporting hotmix material over longer distances without significant temperature loss.

3. Security and Logistical Challenges:
The AAI countered that setting up hotmix plants in Gurgaon would require transporting materials over a minimum of 22 km, which would be logistically challenging and pose security risks due to the high volume of truck movements within the airport's high-security area. The AAI also highlighted that hotmix plants were necessary to maintain the quality and temperature of the mix, crucial for runway resurfacing, especially during winter months.

4. Compliance with Previous Court Orders and Environmental Regulations:
The AAI assured compliance with pollution control standards, stating that the hotmix plants would be fitted with international-standard pollution control devices. The AAI provided undertakings to operate the plants for one year, ensure they were at least 2 km from residential areas, and meet CPCB's pollution control requirements. The AAI also cited the successful use of similar technology at Mumbai Airport.

5. Feasibility and Necessity of Resurfacing Runways:
The court recognized the national importance of maintaining operational runways at IGI Airport. The AAI argued that immediate resurfacing was essential to avoid operational hazards. The court balanced environmental concerns with the necessity of running an international airport, allowing the AAI to set up hotmix plants under strict conditions.

Judgment:
The court permitted the AAI to set up hotmix plants for runway resurfacing at IGI Airport, subject to the following conditions:
1. Hotmix plants to be set up in a safe vicinity at least 3 km from populated areas.
2. CPCB to examine the environmental feasibility of the plants, ensuring emissions do not exceed 150 mg/Nm3.
3. Security staff to supervise the loading, unloading, and transport of resurfacing materials.
4. The plants to operate for one year or until resurfacing is completed, whichever is earlier.

The court allowed the AAI to approach for further directions if any issues arose in managing the plants or maintaining material temperature. The application was disposed of with these directions.

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