The main issue raised is recorded in Para 2 & 5 of the Order as follow:-
2. Writ Petition No. 9337 of 2009 was filed by the Society for Protection of Culture, Heritage, Environment, Traditions & Promotions of National Awareness, a Society registered under the Societies Act, 1960. In this writ petition, the Petitioner had prayed for quashing of the order dated 17th January, 2007 by which Respondent No. 1 had granted Environmental Clearance for construction of 3rd run way 11/29 at IGI Airport, New Delhi. Further, it was prayed that a prohibitory order be issued against the respondents to stop flying the aircrafts over the areas of Vasant Kunj, Masudpur and Rangpuri with immediate effect. The aircrafts should also be prohibited from landing at run way 11/29. The principal ground taken in the writ petition was that, within 100 meters of run way, there were schools, hospitals and residential colonies. The takeoff and landing of aircrafts at the said run way and airport was causing serious noise pollution and was disturbing the life and sleep of the people around that area. This was in violation of the Noise Pollution (Regulation and Control) Rules, 2000. The noise level reached from 74 - 84 dBA in the areas of Vasant Kunj and around. The Environmental Clearance granted was without application of mind and was violative of the settled principles of environmental jurisprudence. The writ petition was contested by the official respondents including the Director General of Civil Aviation, CPCB and Airport Authority of India. They denied the allegations made in the writ petition and prayed that the writ petition be dismissed.
5. Writ Petition No. 12719 of 2009 was filed by Indian Spinal Injuries Hospital, Vasant Kunj referring to the issue of noise pollution causing disturbance to the patients of hospitals, as it fell on the flight path of the aircrafts landing on run way 11/29, raising other similar grounds as well. It is specifically averred that reports of World Health Organization suggest that thousands of people around the world may be dying prematurely or succumbing to disease through the ill-effects of chronic noise exposure. According to the reports, investigations have revealed that the blood vessels, which feed the brain, dilate due to noise thereby causing headache. Besides these, other ill-effects of noise on the human body are in the form of galvanic skin response, ulcer formation, changes in intestinal motility, etc. According to the petitioner, the Vasant Kunj area is required to be protected as silence zone. Huge noise is generated by trafficking of the aircrafts to the domestic terminal and it is going to cause huge inconveniences. There are serious and critical patients in the hospitals and constant noise pollution causes serious health issues and hampers patient care in the hospital. On this premise, the Petitioner prayed in the writ petition that the order granting Environmental Clearance dated 17th January, 2007 be quashed. The aircrafts should stop flying over the densely populated areas of Vasant Kunj, Masudpur and Rangpuri and also the petitioner’s hospital. No aircraft should be permitted to land on run way 11/29. Vide order dated 16th April, 2013 the said writ petition was transferred to the Tribunal and came to be registered as Appeal No. 117 of 2013 (THC).
Now see the issues framed in Para 8 are as follows:-
8. In view of the approach that we propose to adopt while dealing with these cases, it is not necessary for us to notice the rival contentions raised before the Tribunal in a greater detail. It is pertinent to note that the applications were argued on different occasions and finally the parties commonly conceded before the Tribunal that the controversies between parties would fall in a narrow compass, namely: (a) Taking mitigation measures for controlling noise pollution at the IGI Airport, New Delhi; (b) Expert Body be appointed to suggest erection of appropriate barriers for control of noise pollution and for taking other remedial measures; (c) The aircrafts should be restricted from applying reverse thrust upon landing as it results the maximum noise level; (d) There should be night curfew on flight operations atleast between 10:00 pm to 05:00 am and/or the same should be regulated.
Now without addressing the issue of Noise Pollution on Landing Funnel the prayer for night curfew was rejected as follows:-
15. Upon due consideration of the matters in issue, we pass the following order and directions: 1. We decline the prayer of the Appellant/Applicants in all these cases for imposition of night curfew on landing or taking off of aircrafts at the airport and more particularly on run way no. 11/29.
2. We also decline the prayers of the Appellant/Applicants for issuances of directions to the Central Government and other official respondents for providing sound proofing of the houses in the colonies, falling on the flight pathway of aircrafts while landing and taking off.
Is this justice?