The government filed an appeal Friday with the Tokyo High Court to overturn an Oct. 3 ruling ordering the cancellation of its permit for a 6.4-km length of elevated railroad in Setagaya Ward, Tokyo, the transport ministry said.

The Land, Infrastructure and Transport Ministry also said it will allow Odakyu Electric Railway Co. to continue with the construction during the high court proceedings -- which could effectively frustrate the efforts of about 120 residents who filed the lawsuit out of concern for noise pollution from the elevated tracks.

The earlier ruling by the Tokyo District Court did not oblige the railway to destroy the section of railroad already built. Seventy-one percent of the construction is completed, according to the railway.