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

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

Permission granted to Airports Authority of India to set up Hot Mix Plants near IGI Airport for resurfacing runways, for one year or till completion, whichever is earlier, subject to conditions ensuring proximity to populated areas (at least 3 km away), compliance with particulate emission limits, security arrangements, and supervision by Central Pollution Control Board, balancing environmental concerns with national operational necessity.

Parties
Applicant: M.C. Mehta; Respondent: Union of India and Ors.
Jurisdiction
India
Judgment Date
22 July 1999
Procedural Posture
I.a. No. 22 in W.p. (c) No. 4677 of 1985, I.a. No. 642 of 1999, Civil Original Jurisdiction / Final Order/disposal of Application
Outcome
Application allowed, directions issued
Legal Topics
Pollution Control, Operation of Hazardous Industries, Airport Infrastructure, Balancing Environmental Protection With National Interest
Environmental Law Administrative Law Pollution Control Operation of Hazardous Industries Airport Infrastructure Balancing Environmental Protection With National Interest

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Parties

M.C. Mehta

Applicant

Union of India and Ors.

Respondent

Procedural Posture

I.a. No. 22 in W.p. (c) No. 4677 of 1985, I.a. No. 642 of 1999, Civil Original Jurisdiction / Final Order/disposal of Application

Legal Issues

  1. 1 Whether Airports Authority of India should be permitted to set up Hot Mix Plants near IGI Airport for resurfacing runways despite environmental concerns

Ratio Decidendi

Permission granted to Airports Authority of India to set up Hot Mix Plants near IGI Airport for resurfacing runways, for one year or till completion, whichever is earlier, subject to conditions ensuring proximity to populated areas (at least 3 km away), compliance with particulate emission limits, security arrangements, and supervision by Central Pollution Control Board, balancing environmental concerns with national operational necessity.

Court Disposition

Application allowed, directions issued

Orders

  • Airports Authority of India permitted to set up Hot Mix Plants at least 3 km from populated areas for runway resurfacing.
  • Particulate emission shall not exceed 150mg/Nm3 under Environment (Protection) Rules, 1986.