- (1.) 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 v. Union of India and others) since reported in 1997 (1) Scale (SP) 31.
(2.) 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 hot mix 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 is 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 v. 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 28/02/1997. 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 hot mix 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. "
(3.) 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. ";