TaxTMI 
TaxTMI 
1999 (7) TMI 588
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....993. 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 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. • Th....
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.... 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 hotmix 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; ....
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....orld over by all the advanced countries. These plants and the pollution control devices meet the prescribed standards for pollution control as set up by the Central Pollution Control Board, Government of India." 5. On behalf of the Central Pollution Control Board, its Senior Environ mental Engineer, Shri Lalit Kapur, filed a short affidavit, dated 5-4-1999, in which it has been, inter alia, stated as under : "The process emission from hotmix plants contains particulate matter and sulphur dioxide besides toxic/carcinogenic anthracene and toxic metals like lead, arsenic, mercury, cadmium. Therefore, the Expert Committee of CPCB has categorised hotmix plants as hazardous industry (Ha Category). As per Master Plan 2001, all hazardous /noxious industries should be shifted out from U.T. of Delhi." 6. The main opposition came from Mr. M.C. Mehta who appeared in person and filed his written submissions indicating, inter alia, as under: "4. That some of the hotmix plants are located in Bajkheda, Gurgaon, which is about 8 kms. from the airport. Therefore, transportation of hotmix should not pose any problem. 5. That according to the information received from Dr. Mark Chernaik,....
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.... of a two-inch hotmix overlay. Approximately, eleven thousand tons of this material consisted of a 19.00 mm superpave hotmix... At the beginning of placement, the air temperature was 53°F and the conditions were cloudy. The hotmix was produced at a temperature of 325°F and transported 35 miles to the jobsite. The mix arrived at the jobsite at 300°F. The mix was dumped directly into a Roadtec RP-230 paver and breakdown was initially achieved using two Caterpillar 634-C twelve-ton rollers....' 6. According to information received from Dr. Chernik,- There are two general types of asphalt plants : (1)plants that produce asphalt cement for road construction or repair; (2)plants that produce other asphalt products (for example, asphalt roofing material). The first type of asphalt plant is called a 'hotmix' asphalt plant. They are the most common type of asphalt plant. A hotmix asphalt plant can emit large quantities of dust and poly-aromatic hydrocarbons (PAHs). Exposure to dusts can cause a variety of lung illnesses. Exposure to PAHs can cause lung cancer and other cancers. The process that occurs at a hotmix asphalt plant is relatively simple. The pl....
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....ed EPA's regulation limiting particulate emissions from 'hotmix' asphalt plants. The regulation prohibits emissions of 20 per cent opacity or greater. In a joint inspection by EPA and the Maryland Department of the Environment on 7-5-1997, Inspectors documented visible emissions ranging from 32.3 per cent to 34.8 per cent opacity. 'Particulate pollution has been linked to respiratory illness and increased mortality in humans.' (Source: http://www.epa.gov/region03/r3press/pr98-1555.htm) 8. It is submitted that all building structures like a hotmix plant exhaust gas stack, will obstruct the path of airplanes flying into and out of airports. There are also Environment Protection Rules (section 5) and local zoning laws and regulations prohibiting the location of industries near sensitive areas. Also, construction of new hotmix plants will require plying of large number of trucks for transportation of raw material which negates the argument of Airports Authority that transportation of hotmix is not feasible as it will require deployment of 100 trucks a day. 9. It is submitted that the hotmix plants shifted under the order of this Hon'ble Court were not in proximity of the ai....
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....he technology used in the hotmix plants as well as the pollution control unit that shall be fitted in the plant. A copy of the brochure of Apollo giving the technical specification of the technology used by them for hotmix plants is annexed hereto and marked as ANNEXURE A-3. 7. The Gujarat Apollo Equipments Limited have also given the detailed technical specifications for the bag filter pollution control device, a true copy of which is annexed as ANNEXURE A-4. It bears repetition that bag filter pollution control device is one of the three devices which are used for pollution control in hotmix plants as stated in the letter, dated 16 April, 1999 (ANNEXURE A-2) of the Ministry of Transport. 8. The applicant further submits that the permissible limit of emission of particulate matters in respect of hotmix plant is 150 mg. under the Environment Protection Rules. The applicant has been assured by Apollo (who manufacture hotmix plants, the technical specifications of which are enumerated in their literature annexed as ANNEXURE A-3) and also by Gujarat Apollo Equipment who shall be supplying the bag filter pollution control device that their technology and the plants supplied by th....
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....ed 6-4-1999 of this Hon'ble Court does not state the limits and norms prescribed under the Air (Prevention and Control of Pollution) Act, 1981, or the norms prescribed under the Environment Protection Act. Had such information as regards norms/limits and guidelines, etc., been given in the said affidavit, dated 5 April, 1999, of the Central Pollution Control Board, then the applicant would have been in a position to take expert opinion as regards the efficacy of their proposed hotmix plants and the pollution control devices vis-a-vis the norms prescribed, if any. However, it is reiterated that the emission of the particulate matters shall not exceed 150 mg. The plants, if allowed to be set up, shall function under the supervision and control of the Central Pollution Control Board and the applicant undertakes that all the norms and limits prescribed by the Central Pollution Control Board shall be fully complied with." 8. One of the objections raised on behalf of Mr. M.C. Mehta and Central Pollution Control Board was that Gurgaon which was in Haryana was only 8 kms. away from IGI Airport and that hotmix plants can be located there. It was contended that if this was done, the Court....
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....ations, it will not be possible for one truck to make more than one trip in each day. Therefore, in case of HMP outside airport territory, the number of trucks required will be 90 to 100. Movement of such a large number of trucks through normal traffic conditions will pose even more serious pollution problems then that caused by installing a non-polluting HMP. All this traffic congestion and vehicular pollution can be avoided by installing the hotmix plant within the vicinity of IGI Airport for the limited purpose of resurfacing the runways. If this is not allowed, it will be very difficult to maintain the temperature of hotmix at 120 degree as the trucks will have to travel a distance of minimum 55 to 70 kms." 9. The Airports Authority of India also pointed out that if hotmix plants were located at Gurgaon, they would have to deploy trucks to transport the bitumen material to the airport for resurfacing of the runways which would be a security hazard. It was pointed out as under : "14. It is submitted that since the work lies inside the high security area, even use of large number of trucks shall also attract security risks to the airport, whereas, if HMP is located at th....
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....ced with the necessity of running an international airport in the capital of India. The Airports 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 adequate capacity environment friendly hotmix plant, electronically computerised paver finisher, pneumatic and conventional rollers and tools and tackles. 12. Having regard to the facts set out in various affidavits filed before us, specially, the additional affidavit, dated 19-4-1999 filed on behalf of the Airports Authority of India, we are of the view that the applicant has to be allowed to set up hotmix plants for resurfacing of the runways at IGI Airport, New Delhi. We have already allowed the setting up of hotmix plants and their operation for a period of three months to CPWD for repairing the Delhi roads. We, therefore, allow the application 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)T....