The plots on the left and right sides of the apartment also bear the same survey number and have been leased out by the owners of those plots. While a junk yard is to our right (not present at the time of occupancy), a metal fabrication unit is to our left (we were promised that this unit would be relocated). The loading and unloading of metal articles in the junkyard like heavy frames, pillars, pipes etc creates a lot of noise, sometimes even into the night. The cutting and welding works that go in the metal unit happens all through the day. There is no peace of mind, there is constant noise, a burning acrid smell and not to mention a lot of dust. We need to keep our door and windows closed at all times. How do we take this situation?
Often it happens, when you hear loud music sound from the neighbor’s house, you try to ignore that sound for as long as possible but sometimes, such noise may make life difficult. This type of nuisance is defined in Section 268 of the Indian Penal Act.
Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.
A common nuisance is not excused on the ground that it causes some convenience or advantage.
If this type of harassment is faced by you from your neighbor then, you can file an application under Section 268 of IPC in the court of magistrate.
Punishment of nuisance is defined in Section 290 of IPC, which is mere Rs. 200 but the court can do much more.
You can first issue legal notice to the builder/landowner about this nuisance and to remove them, if there is no response you may go ahead with the legal action.
You can even drage the builder to consumer forum for deficiency in service as he has failed to keep up his promise to clear the junkyard in the neighbor.