Judgment

S. Saghir Ahmad. J.-Hot Mix Plants which were treated as hazardous industries have since been closed 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 & Ors.1).

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 hotmix plants to be installed within the vicinity on 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 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 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 spe