• Industrial activities in residential area

Dear Sir/Madam,

Kindly advise how to deal with the situation wherein I have a property in Chennai with few tenants, behind this property a shed has been erected and everyday through-out the day many high-sounding machines are being serviced along with furniture carving and paint works. All of this is causing strong smell of chemicals and continuous noise leading to huge inconvenience for my tenants. What legal remedies can be sought in this regard, please advise.

Thanking you,
Anjana
Asked 2 years ago in Civil Law from Saudi Arabia

1) residential premises cannot be used for commercial activities

2) file RTI application as to whether any permission has been granted for carrying out industrial activities

3) file suit and seek court orders for demolition of unauthorised construction

4) seek injunction restraining neighbour from carrying out industrial activities

Ajay Sethi
Advocate, Mumbai
69020 Answers
4153 Consultations

5.0 on 5.0

Kindly Complain to the police station and mark same to the district magistrate to stop the nuisance under the environment protection act and Noise Pollution (Regulation and Control) Rules, 2000’. The police shall take the action in accordance with the law if there is any negligence on part of police then District Magistrate and SP can be approached. The State Pollution Control board can be approached too they have to address the complaint under fixed time period.

Shubham Jhajharia
Advocate, Ahmedabad
20885 Answers
81 Consultations

5.0 on 5.0

This neighbor of yours is causing public nuisance.

Report this matter to the Police and seek redressal from them.

In the alternative, you may approach the Court and seek a stay against this neighbor of yours restraining him from further continuing with this activity which a cause of disturbance for everyone in the vicinity.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

Hi,

You may file a complaint for the public nuisance under section 269 of IPC and under section 278 for the making atmosphere noxious to health in general the public dwelling in the nearby area.

A common nuisance is not excused on the ground that it causes some convenience or advantage.

Vimlesh Prasad Mishra
Advocate, Lucknow
5683 Answers
19 Consultations

4.9 on 5.0

Hello,

Such operation is illegal and shall not take place in the residential premises.

Write to the municipal authorities to take action in order to stop such activities.

If the authorities, do not listen them move a petition before the HC as your right to life and personnel liberty is being hampered by such nuisance.

Also, you may lodge an FIR for creating public nuisance.

Regards

Anilesh Tewari
Advocate, New Delhi
17268 Answers
267 Consultations

5.0 on 5.0

1) You can check with the Tamil Nadu Pollution Control Board (TNPCB) on noise pollution and stating that it is illegal to use furniture carving and paint works in residential area. Check in TNPCB office exactly where to apply.

Ganesh Kadam
Advocate, Pune
8251 Answers
69 Consultations

4.9 on 5.0

Industrial activities in residential area is prohibited as per law even society permits to carry the same and further no authority can granted the permission to carry such type of work from residential area.

For removing unauthorized work , which creating nuisance to the public ,you should ::

1. File complaint to Pollution Control Board of your city

2. File Police complaint for Public Nuisance of your area or to the SDM.

3.You can file a suit in the court to get restrained order against the illegal work of furniture

3. File Writ petition in Court, if all the authority fails to stop the nuisance or pollution

You should start from any one from the above to stop the said activities.

As you are residing in Saudi Arabia , even though you can lodge complaint against the same from there as well or through any person residing in your home town.

Better to start from a complaint to the Noise & Pollution control board of your city , they will take strict action against the same. OR you should file your complaint online to above said authority as well.

Mohammed Shahzad
Advocate, Delhi
1063 Answers
19 Consultations

5.0 on 5.0

Please file injunction suit against the company in local civil court make the municipal corporation as a party to the suit. Please get a plan from corporation as to which all parts of your area falls under residential category

Swarnarka Chowdhury
Advocate, Mysore
1781 Answers
4 Consultations

5.0 on 5.0

First, you have to check that, Is your property in Residential area or Commercial Area?

Second, If the location is commercial then i will tell you the process later. Else if the location is in residential area then you have make a complaint in municipal corporation and consent to nearest police station as well as State pollution control board for the unauthorized commercial shop/factory in residential location spreading the pollution also.

Rajeev Ghoshal
Advocate, Allahabad
3 Answers

4.0 on 5.0

The TN town and country planning Act, 1971 provides for zoning of areas:

Residential

Commercial

Industrial.

Under residential:

No such industry is permitted to operate. It is only cottage industries like coir, knitting etc without using heavy machines for the work.

Therefore, if your area is classified in residential or mixed residential, then the industry can be evicted.

Write to local body to get the details of the plot and if it is residential, write to them about the nuisance and lodge a complaint as well. At-last, approach court to get them evicted.

Rajaganapathy Ganesan
Advocate, Chennai
1585 Answers
8 Consultations

4.9 on 5.0

Dear Client,

If aforesaid activities are conducted in residential area, complain to municipal corporation and also police for causing nuisance.

Take recourse under Section 133 in The Code Of Criminal Procedure, 1973

133. Conditional order for removal of nuisance.

(1) Whenever a District Magistrate or a Sub- divisional Magistrate or any other Executive Magistrate specially empowered in this of behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers-

Yogendra Singh Rajawat
Advocate, Jaipur
14592 Answers
19 Consultations

4.6 on 5.0

File a complaint before the Pollution Control Board (PCB). Even if they have a cottage industry permit or any other permits, you can file a complaint before the State PCB or the Regional PCB if your state have one, or a District PCB if that is present.

PKX Kuncheria
Advocate, Cochin
27 Answers
1 Consultation

4.0 on 5.0

You can make a formal complaint in against them if -

1. this set up is in residential area and no industrial works are allowed in that area,

2. this set up is a temporary one with no standard procedure has been followed to take this task as per the law,

3. the owner of this set up does not possess the required license to run any workshop of this nature (if this is a shed based set up one can presume that they do not have any license with themselves to undertake such business as per the law)

Besides this, you can also make a police complaint in against them for crossing the permissible limit of noise in a residential area hence creating noise pollution in residential area. A similar complaint can also be brought up against for doing the dangerous and hazardous work in the residential area.

Pulkit Prakash
Advocate, Delhi
220 Answers
3 Consultations

5.0 on 5.0

If it is a residential area then the industrial activities cannot be permitted to be carried out

It will become a nuisance and disturbance of routine life.

Since this is a commercial activity in the residential area a complaint with corporation can be lodged.

You may even initiate criminal and civil proceedings simultaneously. You may file complaint before the sub divisional magistrate, under section 133 Cr.P.C., for removal of nuisance. Your neighbour is causing nuisance and in our legal system both civil and criminal remedies are available.

After filing aforesaid criminal proceeding you may file suit for removal of nuisance, damages caused by such act of nuisance and temporary injunction.

Section 268: Public nuisance

A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage.

T Kalaiselvan
Advocate, Vellore
58862 Answers
745 Consultations

5.0 on 5.0

If that is illegal you can inform your local municipal authorities to take action.

Prashant Nayak
Advocate, Mumbai
14516 Answers
24 Consultations

4.6 on 5.0

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