Noise Pollution Rules being complied with; would be illegal to prevent construction at night: Adani-Vizhinjam Port to Kerala High Court

Adani-Vizhinjam Port Pvt. Ltd. told the Kerala High Court on Tuesday that the construction activities at the port area will remain within the limit prescribed under the Noise Pollution (Regulation & Control) Rules, 2000 [Bethsaida Hermitage v Vizhinjam International Sea Port Ltd. & Ors.].Justice Viju Abraham recorded this submission while considering a plea that sought orders to prevent all noise making construction activities during the night in the vicinity of the Vizhinjam Project area. A counter affidavit submitted by Vizhinjam Sea Port Ltd. further submitted that since the activities at the site are complaint with the Noise Pollution Rules, "it would be and unreasonable to prevent construction at night as prayed by the petitioner".The Vizhinjam International Transhipment Deepwater Multipurpose Seaport is currently being developed in landlord model with a Public Private Partnership component on a design, build, finance, operate and transfer (“DBFOT”) basis. The private partner, the Concessionaire M/s Adani Vizhinjam Port Private limited commenced construction on December 5, 2015.The present petition was moved by a person running an Ayurvedic treatment center cum resort at Vizhinjam. He contended that his business and business prospects, as well as those of other similarly placed individuals, are affected due to the noise pollution caused by the construction activities in the Vizhinjam project area. He further contended that the construction takes place at night too, causing dangerously high decibel noises which tend to cause sleepless nights and consequent health problems.Therefore, he approached the court seeking orders that would prohibit noise-causing construction activities of all kinds in the vicinity of the Vizhinjam Project area..On Tuesday, Senior Advocate VJ Mathew, appearing for one of the respondents, Vizhinzam International Sea Ports Ltd., submitted that they are not undertaking any activities in violation of the sound limit fixed as per the Rules. Advocate Roshan D Alexander appearing for Adani Vizhinjam Port Private Limited reiterated this submission and added that the issues have already been considered by the National Green Tribunal which passed an order appointing a monitory agency. .The Court then proceeded to direct the respondents to produce a copy of the NGT order and posted the matter for the hearing after ten days..The construction of the Vizhinjam Port has been the subject matter of many cases that have come up before the High Court in the recent past, mostly due to the protests by the local fisherfolk community at the site. The protestors have demanded, among other things, proper environmental impact studies, rehabilitation of families who lost their homes to coastal erosion, and rectification of coastal damages.Two petitions were moved by Adani Ports and by its contracting partner Howe Engineering Projects, seeking police protection in light of these protests. The court issued directions to the police to ensure law and order and free entry and exit to the site. However, the issues persisted and Adani Ports ended up moving contempt of court cases for lack of enforcement of these orders.The protests were called off in December 2022 after Chief Minister Pinarayi Vijayan convened a meeting with the protest organizers and leaders and subsequently, the contempt cases were closed.The High Court is currently seized of another plea moved by over 100 persons from the fisherfolk community residing in the vicinity, seeking a stay on further construction of the port until the Expert Committee appointed by the State submits a report on the impact of the project. .[Read Order]