Fifty-two local households living near the Beijing-Shijiazhuang expressway and plagued by its noise won their appeal for compensation in a first-instance trial on Tuesday.

It was the first case of its kind in the country.

Beijing Fengtai District Court ruled that the developer of the building and the company in charge of the highway should compensate the 52 households for the noise pollution of the highway, yesterday's Beijing Morning Post reported.

The court demanded the developer install double noise-resistant glazing for the households to lower the noise level to 60 decibels in the daytime and 45 at night.

The developer must pay the households 3,000 yuan (US$361) each in a lump-sum for compensation, according to the verdict.

It also rules that the plaintiffs should receive 60 yuan (US$7) per household for every month from the day they moved into the building until the day the noise-resistant glazing is installed, and that payment of this compensation should be shared by the developer and the company in charge of management of the highway.

The plaintiffs moved into the building, some 30 meters from the highway, in May 1994.

Beijing-Shijiazhuang Highway was the first artery built linking Beijing with North China's Hebei Province. It was designed to handle a traffic flow of 5,000 vehicles per hour.

The developer of the building did not contest the complaint in the court.

However, the company in charge of management of the highway argued that it should not be liable, because the traffic flow of the highway has not exceeded its designed capacity.

It further contested that it is the fault of the developer for locating the building near the highway.

Both the plaintiffs and the defendants did not indicate whether they would lodge an appeal, according to the local newspaper.

China's Civil Procedure Law stipulates that a verdict becomes final and takes effect if neither party appeals within 15 days of the trial.

(China Daily June 20, 2002)