Ours is a residential area.My neighbor has given some portion in the front of his property for rent (go down for storage of material) Many times the tenant does the activity of bringing the goods and sending the goods during odd hours ( 11 PM to 5 AM) the workers come in the truck put the music loudly and the loading and unloading of goods disturbs our sleep. (as the neighbor residence is backside he will got get disturbed. Other houses are across the road we only get disturbed more. I have requested the owner (my neighbor) and also the tenant politely many times. Every time the tenant says only today and we will not repeat again etc. the neighbor says he will advice the tenant. But they keep repeating and disturbing our sleep during night times. Please advice what are the rules & regulations / laws related to this issue and how to go about this.
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Hello,
Please collect some evidence both on Video and audio recording.
Send a written communication/ legal notice to both tenant and landlord.
And if they fail to stop even after that call the police during that time only, for this you will have to intimate the local police station about the same beforehand.
And subsequently you can file a civil suit for permanent injunction.
Let me know if I can be of further help.
Thanks and Regards
Dear Concerned,
NEXT TIME as soon as they start loading or unloading the truck call police and update them the scenario - also give the police a written complaint for such disturbance created by your neighbor's tenant. You matter will be sorted by just one complaint to the police.
In case this still does not work you may choose to file a case in the civil court for taking stay to avoid such disturbance by your neighbor's tenant.
Best of luck
1.Though running of bsuiness is not illegal but that does not mena it cna cause nuisance tothe oenghbours.
2.Since it is causing loss of sleep you can file civil suit for declaration and injunction.
3.Since civil suit takes time you can semi criminal case u/s 133 crpc for removal of nuisance.It Is very cost effective and efficacious remedy.It is to be filed in the court of executive magistrate.
1) in residential area premises cannot be used for commercial purposes
2) complain to muncipal corporation against premises being used for commercial purposes
3) seek closure of godown
4) if no action is taken file suit and seek injunction restraining use of premises for commercial purposes
Any kind of commerce activity in a residential area is prohibited.
You may inform the concerned local Authority of this, and request them to forthwith seal this godown. If they do not act on your written Complaint, you have the option to proceed to the High Court.
He is causing nuisance therefore you can file an application before the sub divisional magistrate against this nuisance. The sub divisional magistrate has power under section 133 of the code of criminal procedure to stop any nuisance has beenc causing on the public road or at any public place.
The sub divisional magistrate has power to execute his order either by taking Bond from that person or by filing a criminal case against him.
Next time when this happens, you may call the police to make a complaint against the people who create nuisance in the name of loading an unloading of goods.
You can even now issue a legal notice to the tenant and a copy to the owner about his nuisance and warn them to refrain from indulging in such activities.
After this you can initiate proper legal action as per law.
Please clarify the following: - What are the allowed timings to run commercial activity in residential areas and non-residential areas. ( I have got both answers as commercial activity is allowed and also NOT allowed in residential area.) - Who is the correct authority responsible to take action in such scenarios? (Police OR Municipal / BBMP authorities . Also it is well known fact that how corrupt these people are. Due to this many traders are errant / not scared as get away easily with illegal practices by bribing) As the tenant who is disturbing is well versed with these practice, I would like to know fool proof procedure to stop this disturbance permanently.
1) if any commercial activities is being run in residential areas complain to municipal corporation against godown being run in residential area
2) prior permission of municipal corporation is must for carrying out commercial activities in residential areas
3) loading and unloading activities cannot be carried out between 11pm to 6am in residential areas
Commercial activity is not allowed in the residential area.
Municipal authorities are the appropriate authority. Write a representation to them and if they fail to take action then approach the High Court and seek direction for them.
Regards