M.C.MEHTA versus UNION OF INDIA AND ORS. RE:AIRPORTS AUTHORITY OF INDIA LTD.

Citation: [1999] 3 S.C.R. 1031 · Decided: 22-07-1999 · Supreme Court of India · Bench: S. SAGHIR AHMAD · Disposal: Disposed off
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Judgment (excerpt)

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M.C.MEHTA 
v. 
UNION OF INDIA AND ORS. 
RE: AIRPORTS AUTHORITY OF INDIA LTD. 
JULY 22, 1999 
[S. SAGHIR AHMAD AND M. JAGANNADHA RAO, JJ.] 
Environmental Law: 
Environment (Protection) Act, 1986: 
Environmental Protection-Pollution control-Hot Mix Plants-Setting 
up of-For resurfacing of airport runways-At JG! Airport-Held: 
A 
B 
c 
Environmental problem has to be balanced with the necessity of running an 
International Airport in the Capital of India-In view of transportation and 
security problems and the importance of Hot Mix procedure for strengthening D 
of airport runways and the fact that the Supreme Court had already given 
permission to CPWD to set up hot mix plants for 3 months for repairing roads 
in Delhi, Airport Authority has to be allowed to set up hot mix plants for 
resurfacing airport runways at /GI Airport for one year or till completion of 
work, whichever is earlier-However, hot mix plants will be set up at least E 
3 kms away from a populated area and particulate emission shall not exceed 
150mg/Nm3-Air (Prevention and Control of Pollution) Act, 1981-
Environment (Protection) Rules, 1986. 
The Airports Authority of India at the Indira Gandhi International 
Airport (IGI) had filed the present application for permission to instal Hot F 
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 
aircraft and for smooth handling of aircraft traffic. 
Allowing the application, this Court 
HELD: 1. 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 and take-
off. The environment problem has to be balanced with the necessity or 
G 
running an International Airport in the Capital of India. (1045-F) 
H 
1031 
I 
\ 
1032 
SUPREME COURT REPORTS 
[1999] 3 S.C.R 
A 
2. In view of the facts set out in various affidavits regarding problems · 
......-,..
of transportation and security and the importance of hot mix procedure for 
strengthening airport runways and the fact that this Court has already 
allowed the CPWD for setting up of hot mix plants for a period of 3 months 
for repairing the Delhi roads, Airports Authority of India has to be allowed 
B to set up hot mix plant for resurfacing of the runways at IGI Airport subject 
to the following conditions:- (1045-H; 1046-A] 
· 
(i) Hot mix plants will be set up in the safe vicinity of IGI Airport at 
least a distance of 3 Kms. from a populated area. [1046-B] 
(ii) The Airports Authority of India shall ensure that the particulate 
C matter emission does not exceed the prescribed limit of 150mg/Nm3 under 
the Environment (Protection) Rules, 1986 made under the Environment 
(Protection) Act, 1986. [1046-C] 
(iii) The hot mix plants shall be operated for a period of one year from 
D the date on which these are installed or till the resurfacing of the runways 
is done and completed, whichever is earlier. (1046-E] 
MC. Mehta v. Union of India, Scale (SP) 31, referred to. 
CIVIL ORIGINAL JURISDICTION : I.A. No. 22 In W.P. (C) No. 
E 4677 of 1985 I.A. No. 642 of 1999. 
Under Article 32 of the Constitution of India 
R. Sundarawardhan, R.N. Keswani, Chandrakanta Nayak, Ram Lal Roy, 
M.C. Mehta, (Ranjit Kumar) (NP), S.K. Bhattacharjee, Vijay Panjawani, Ms. 
F Indira Sawhney, Y.P. Mahajan, S.K.Dwivedi, D:S. Mehra, C.V. Subba Rao, Ms. 
Niranjana Singh, B.V. Balramdas, (D.V. Gupta) and Chariman Airports and 
Authority of India for the appearing parties. 
The Judgment of the court was delivered by 
G 
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 Ord'er dated 10.10.1996 passed by this Court in I.A. No. 22 
in Writ Petition(C) No. 4677of1985 (M.C. Mehta vs. Union oflndia & Ors.) 
since reported in 1997 (I) Scale (SP) 31. 
H 
The Airports Authority of India at the Indira Gandhi International Airport, 
-· 
M.C. MEHTA v. U.0.1. RE:AIRPORTSAUTH.OF INDIA LTD. [S. SAGHIRAHMAO,J.) 1033 
New Delhi has filed this application for pennission to instal Hot Mix Plants A 
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 r
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