Following Noise Pollution Rules At Construction Site: Adani-Vizhinjam Port To Kerala High Court

The Kerala High Court on Tuesday recorded the submission of the Vizhinjam International Sea Port Limited and Adani Vizhinjam Port Private Limited that it has been maintaining and will continue to maintain the sound levels at the construction site of the Vizhinjam International Transhipment Deepwater Multipurpose Seaport.  within the limits prescribed under the Noise Pollution (Regulation & Control) Rules, 2000.

Justice Viju Abraham was hearing a writ petition filed by Bethsaida Hermitage, a resort at Vizhinjam, Thiruvananthapuram which complained about the noise pollution caused by the construction activities at the seaport led by Vizhinjam International Sea Port Limited and Adani Vizhinjam Port Private Limited, who are the respondents in the writ petition.

The Vizhinjam International Transhipment Deepwater Multipurpose Seaport is a project initiated by the Government of Kerala in the Vizhinjam area of Thiruvananthapuram. The port is being developed through a public private partnership.

Senior counsel V J Mathew appearing for Vizhinjam International Sea Port Limited stated on the basis of the counter affidavit filed that the sound generated from the site during day and night are within the permitted limits under the Noise Pollution (Regulation & Control) Rules, 2000. He also submitted that the construction noises are within the International Finance Corporation Environmental, Health, and Safety (IFC-EHS) Guidelines. These guidelines are used to assess the impact of noise pollution.

The counsel appearing for Adani Vizhinjam Port Private Limited stated that the issues raised in the writ petition have already been considered by the National Green Tribunal and that an agency has been appointed to monitor activities of the seaport construction including the noise pollution levels at the site.

While recording the submissions the noise levels within the permissible levels prescribed in Noise Pollution (Regulation & Control) Rules, 2000, shall be maintained, the court also directed the respondents to produce a copy of the order of the National Green Tribunal appointing an agency to monitor noise pollution and also the IFC-EHS guidelines for the court’s reference. The matter was then posted for hearing after 10 days.

Case Title: Bethsaida Hermitage rep. by its Managing Director v. Vizhinjam International Seaport Ltd. & Ors.