Madras HC Seeks Report By TNPCB on Construction-Induced Noise Pollution in Residential Areas

  • Salil Tiwari
  • 03:48 PM, 05 Feb 2024

Read Time: 05 minutes

Synopsis

Court has also directed that the private hospital under construction on St. Mary’s Road in Chennai to refrain from any construction work between 10 p.m. and 6 a.m. daily

The Madras High Court has recently asked the Tamil Nadu Pollution Control Board (TNPCB) about the management of noise levels from construction activities in residential areas, especially during nighttime.

Court asked the TNPCB  to submit a report on the measures taken by it to keep a check on the large-scale construction activities in residential areas where there is a likelihood of breach of the permitted noise levels. Court sought a report also on the ambient air quality and the noise level in the area.

Court also asked a private hospital management involved in constructing a new hospital on St. Mary’s Road in Alwarpet, Chennai, to ensure that construction activities do not occur between 10 p.m. and 6 a.m. until further notice.

Moreover, it directed the Chennai Metropolitan Development Authority (CMDA) to submit a report by February 7, clarifying the classification of St. Mary’s Road and disclosing whether hospital construction is permitted in the area. CMDA is also required to provide the sanctioned building plan.

A division bench consisting of Justices R Subramanian and R Sakthivel passed the interim orders in a writ petition filed by former Additional Solicitor General G Rajagopalan, a resident of St. Mary’s Road.

The court was apprised that construction activity on St. Mary’s Road, which had been initiated at the instance of a private healthcare conglomerate, was causing noise and vibration disturbances affecting the residents.

In his affidavit, G Rajagopalan submitted that he communicated his objections to the project manager on July 21, 2023, who assured that the boring pile work would be completed in three months, with noise levels restricted during nighttime hours, however, these assurances were not kept.

Thereafter, he escalated the matter through multiple emails, highlighting that drilling work continued until 1 a.m. Apart from that, he sent complaints to the Greater Chennai Commissioner of Police, TNPCB, and CMDA, but no action was taken.

Consequently, he sought the high court's intervention, seeking direction to the State government to initiate disciplinary action against the responsible officials. He also sought action against the private hospital management for serious violations of pollution norms.

Case Title: G. Rajagopalan v. State of Tamil Nadu And 4 others along with connected matters