M.C. MEHTA V. UNION OF INDIA AND ORS ( Re: Airport Authority of India Ltd. ) JT 1999 5 SC 18

 

M.C. MEHTA V. UNION OF INDIA AND ORS ( Re: Airport Authority of India Ltd. ) JT 1999 5 SC 18

Hot mix plants; which were treated as hazardous industries were closed with effect from 1997 in pursuance of an order of the Supreme Court. The Airport Authority of India at the IndiraGandhiInternationalAirport, New Delhi filed an application for permission to install hot mix plants in the vicinity of the airport for a period of one year for resurfacing of the runways for the safe landing and take off of air crafts and for smooth handling of aircraft traffic. The application also stated that the resurfacing of the runways was last done in the year 1990-91, while surfacing of the secondary runway was carried out in 1993. It was further stated that due to the constant use of these runways by the ever increasing traffic both domestic and international tracks have developed in the runways due to which certain runways were showing sign of distress, all of which required immediate resurfacing. Owing to an extraordinary exceptional and special circumstances it was prayed before the court to permit the setting up a hot mix plant. The Airport Authority also set out a set of undertakings inform of an affidavit to be followed by them.

The important undertakings are ; (1)the hot mix plants shall be at least two kilometers away from populace and residential areas; (2)the hot mix plants shall be fitted with pollution control devices of international standard and shall meet all the requirement prescribed by the Central Pollution Control Board; (3) the hot mix plants shall be used only for the purpose of preparing premix material for resurfacing of runways and not for other purpose. The petitioner placed several documents containing the bad effect of installation of hot mix plants in these areas. The court after going through the submission made by the petitioner and applicant ordered for installation of hot mix plant in the I.G.Airport. The reasoning given by the court was resurfacing of Air Port Runways is a work of national importance and the Air Port 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 an adequate capacity environment friendly not mix plant; electronically computerized paver finisher pneumatic and conventional rollers and tools and tackles.