Don’t take us for a ride: High court

The Bombay high court is not satisfied with the state government’s justifications for allowing private helipads and heliports in the city. The court was hearing a public interest litigation filed by NGO Awaaz Foundation and others who have alleged that these will
violate noise pollution norms.

After Valsa Nair Singh, secretary, environment department, filed an
affidavit in the court on Thursday explaining the state’s reasoning behind the go-ahead, a division bench of justices FI Rebello and JH Bhatia said, “Don’t take us for a helicopter ride to prove your stand; instead, file a simpler affidavit. There have to be some norms and citizens’ convenience should be respected.”

The court was especially unhappy with the government’s claim that the decibel levels at the time of take off and landing fall within prescribed limits. “On what basis has the state taken this stand?” asked the court.

Representing the state government, senior counsel Shrihari Aney argued: “There is no violation of noise pollution norms at the time of take off or landing, except at the time when the helicopter touches the ground. Helicopter technology is yet to reach a point where the craft can be entirely silent. There is bound to be some noise.

“...But changes in our lifestyle has led to an increase in levels of noise pollution. Use of helicopters is a fact of life today, and one cannot run away from it,” Aney told the court.

In her affidavit on February 3, Nair had stated: “It is not the purpose of the rule that noise levels for every minute of the day must be within the prescribed limits. If that is the case, no aircraft or helicopter would be able to take off or land. Similarly, buildings under construction would not be able to employ heavy construction machinery.” The affidavit also adds that the noise levels (during take off and landing) do not violate prescribed norms.

The affidavit goes on to state that the use of helipads and helicopters during an emergency will offset the adverse noise effect, and that permission for the construction of a rooftop helipad at Sea Wind in Cuffe Parade (residence of Ambani brothers) has been granted with two riders — it will be used only between 6am and 6pm, and, no more than two landings or take offs in a day.
The affidavit also debunked the submissions made by the petitioner, who had stated that decibel levels during the take off and landing of a helicopter are above permissible levels. “The said reading is based on incorrect assumptions and wrong understanding of technical facts,” said the affidavit.