• Chronic noise and air pollution affecting residents

Chronic industrial noise emanating from Commercial Building is causing a lot of inconvenience and health hazards to several residents. We have tried to approach kspcb (karnataka state pollution control board) and sent several emails(forwarding the mail chain) to Bengaluru police. Till date, we have not received any reply from kspcb or Bengaluru police. 

What would be best possible recourse to this problem? We see that article 268 provides protection from nuisance. Can we file a PIL or approach district magistrate?

For full details of the problem :
https://www.ichangemycity.com/complaints/chronic-noise-pollution-from-anjaneya-techno-park-from-ac-and-generator
Asked 6 years ago in Constitutional Law

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28 Answers

Filing a PIL would be more effective than approaching the DM.

With whatever research material you have, contact a local lawyer and file a public interest litigation.

Disclose your credentials in the PIL, in case you are a solo petition.

It will be even the better if the resident welfare association/a group of residents file this PIL together.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

1) file RTI application with pollution control board and muncipal corporation as to what action has been taken on your complaint

2) if no reply received file writ in HC to direct authorities to take action against the owners of commercial premises

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

Firstly, the mails which you sent use them as the representations made to the concerned department.

Secondly, file a Writ of Mandamus in the High Court as it infringes the article 21 of Our Fundamental rights.

Thirdly, you will get remedy for sure.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

Under Crpc. Section 133 the magisterial court have been empowered to issue order to remove or abate nuisance caused by noise pollution Sec 133 empower an executive magistrate to interfere and remove a public nuisance in the first instance with a conditional order and then with a permanent one. The provision can be utilized in case of nuisance of environment nature. He can adopt immediate measure to prevent danger or injury of a serious land to the public. For prevention of danger to human life, health or safety the magistrate can direct a person to abstain from certain acts.

File a private complaint under 133 CrpC directly to DM or SDM to take cognizance.

In case SDM or DM or the executive magistrate doesnot take any steps than kindly file a PIL in the high court and seek remedy.

Also a letter regarding same can be sent with the complaint of state pollution board and the police complaints to Central Pollution Control Board

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hi, it is advisable to file a writ in high court..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Hello,

Yes you may immediately file a PIL since your right to life and personal liberty is being violated which is guaranteed under art 21 of the Constitution of India.

Contact a local lawyer and file a PIL u/a 226 of the Constitution.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

If till date, you all have not received any reply from kspcb or Bengaluru police then you all can file a petition for obtaining documents on the reason why kspcb or Bengaluru police is not taking any step after getting several emails and approaches from your side to look into the matter that a Commercial Building is causing a lot of inconvenience and health hazards to several residents, under the right of information provision and then file a PIL under article 32 and 224 of the constitution in the appellate courts seeking the remedy and prosecuting the pollutants.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

You can file Complaint to magistrate under Provisions of Air(prevention and control of pollution) Act 1981 and Environmental Protection Act 1986 as well as under section 133 of Crpc and furthermore writ petition in High court for violation of article 48A and 51A of Indian Constitution.

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

Sending emails to the authorities will not invoke any response.

You can send a notice signed by all the affected residents due to this addressed to the pollution control authority and the complaint should be sent by registered post with acknowledgment card

After a month or so, if there is no response you may send a letter through RTI Act seeking information about the action taken on the said complaint.

If the action taken is not satisfactory then you may drag the concerned authorities to court besides the company management

You can plan to file a writ petition before high court.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Dear Sir,

If KSPCB not reacting to your representation then the only course open to you is to approach High Court with PIL. You will succeed. Besides, you may approach the following associations for needful action.

How to File a Harassment Complaint Against a Neighbour

Is Calling Police an Option?

Yes, calling a police if your neighbor harasses you is an option to go with. You have the option to call the police by just dialing the police number 100 and police will come to the place mentioned by you in the phone call. They will come to the spot and ask you the problem and then will take the action against them. And, when they will reach the spot you should be having sufficient proof to prove the harassment by neighbors.

• Harassment Through Nuisance

You may be living in an apartment or in a duplex, 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.

As a matter of fact, calling 100 is most effective as, after a visit or two from the police, such nuisance is likely to stop. In extreme cases, police may even confiscate the instruments that are used to cause nuisance like – loudspeakers or sound boxes, or drones, cameras or such other tools.

Sometimes, police does not intervene despite laws being there as they do not like extra work on their plate or because the other party is very influential. In such cases, you may need to take help of legal experts. We recommend you get in touch with ClikLawyer.com.

• Harassment Through Mischief

When you live in a duplex, you are sharing a common wall. If your neighbor starts construction in that common wall you do not have the right to stop him from constructing because it is his legal right but if during the construction work your property gets damaged, you can ask him to compensate for the loss suffered by you but if your neighbor refuses to pay you the amount then you can file a case under –

1. Section 425 of IPC which states that whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief.

2. You can file suit for declaration and mandatory injunction in a civil court as well.

3. You can claim damages in the same suit.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

It would take atleast a year for case to be disposed of

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

If the proof clearly indicates that the Chronic noise and air pollution affecting residents then there are chances of getting a positive verdict in this case.

Time depends on the case.

The cost is dependent on the Case.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

Dear Sir,

Your decision is welcome. You may select service minded advocate who will render free service or at minimal cost. You will succeed. At least guidelines will be issued as in the case of following judgment. PLEASE CHECK ON THE INTERNET.

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Bombay High Court

Forum For Fairness In Education An ... vs Union Of India And 2 Ors

on 2 May, 2016

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

The PIL will be disposed at a very short time provided both the parties are ready for presenting their side arguments immediately.

The desired result will depend on how your advocate presents his arguments with strong merits supported by substantial documentary evidences.

The cost and court fee will be intimated by the lawyer who you propose to engage

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Cost would be differ from state to state and depends upon the services of the lawyer in terms of his or her fees.

Relief would be immediate if you make a proper representation to the concerned authorities.

Rest you can consult me through Kanoon for detail query.

Good Luck and Staylegalite...!

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

PIL won't cost much only lawyer fee has to be paid , the decision of court is based on merits of case and court can pass interim order on admission of petition so won't take much time, there are fair chances that it will succed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

PIl can not be filed anonymously

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

PIL cannot be filed anonymously

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

Rather note that anyone who will be filing the PIl will have to declare his credential with the declaration that he has not personal interest in the case.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

You may file PIL if the following factors are taken into consideration

Procedure for Filing Public Interest Litigation

(a) Filing

Public Interest Litigation petition is filed in the same manner, as a writ petition is filed. If a PIL is filed in a High Court, then two (2) copies of the petition have to be filed (for Supreme Court, then (4)+(1)(i.e.5) sets) Also, an advance copy of the petition has to be served on the each respondent, i.e. opposite party, and this proof of service has to be affixed on the petition.

(b) The Procedure

A Court fee of Rs. 50 , per respondent (i.e. for each number of party, court fees of Rs 50) have to be affixed on the petition. Proceedings, in the PIL commence and carry on in the same manner, as other cases. However, in between the proceedings if the Judge feels that he may appoint the commissioner, to inspect allegations like pollution being caused, trees being cut, sewer problems, etc. After filing of replies, by opposite party, or rejoinder by the petitioner, final hearing takes place, and the judge gives his final decision.

Against whom Public Interest Litigation can be filed

A Public Interest Litigation can be filed against a State/ Central Govt., Municipal Authorities, and not any private party. The definition of State is the same as given under Article 12 of the Constitution and this includes the Governmental and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. According to Art.12, the term “State” includes the Government and Parliament of India and the Government and the Legislatures of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

Thus the authorities and instrumentalities specified under Art.12 are

• The Government and Parliament of India

• The Government and Legislature of each of the States

• All local authorities

• Other authorities within the territory of India or under the Government of India.

In Electricity Board, Rajasthan v. Mohan Lal, the Supreme Court held that “other authorities would include all authorities created by the Constitution of India or Statute on whom powers are conferred by law”.

However, “Private party” can be included in the PIL as “Respondent”, after making concerned state authority, a party. For example- if there is a Private factory in Delhi, which is causing pollution, then people living nearly, or any other person can file a PIL against the Government of Delhi, Pollution Control Board, and against the private factory. However, a PIL cannot be filed against the Private party alone.

Aspects of Public Interest Litigation

(a) Remedial in Nature: Remedial nature of PIL departs from traditional locus standi rules. It indirectly incorporated the principles enshrined in the part IV of the Constitution of India into part III of the Constitution. By riding the aspirations of part IV into part III of the Constitution had changeth the procedural nature of the Indian law into dynamic welfare one. Bandhu Mukti Morcha v. Union of India, Unnikrishnan v. State of A.P., etc were the obvious examples of this change in nature of judiciary.

(b) Representative Standing: Representative standing can be seen as a creative expansion of the well-accepted standing exception which allows a third party to file a habeas corpus petition on the ground that the injured party cannot approach the court himself. And in this regard the Indian concept of PIL is much broader in relation to the American. PIL is a modified form of class action.

(c) Citizen standing: The doctrine of citizen standing thus marks a significant expansion of the court’s rule, from protector of individual rights to guardian of the rule of law wherever threatened by official lawlessness.

(d) Non-adversarial Litigation: In the words of Supreme Court in People’s Union for Democratic Rights v. Union of India, “We wish to point out with all the emphasis at our command that public interest litigation…is a totally different kind of litigation from the ordinary traditional litigation which is essentially of an adversary character where there is a dispute between two litigating parties, one making claim or seeking relief against the other and that other opposing such claim or resisting such relief”.

Non-adversarial litigation has two aspects:

1. Collaborative litigation: In collaborative litigation the effort is from all the sides. The claimant, the court and the Government or the public official, all are in collaboration here to see that basic human rights become meaningful for the large masses of the people. PIL helps executive to discharge its constitutional obligations. Court assumes three different functions other than that from traditional determination and issuance of a decree. (i). Ombudsman- The court receives citizen complaints and brings the most important ones to the attention of responsible government officials. (ii) Forum – The court provides a forum or place to discuss the public issues at length and providing emergency relief through interim orders. (iii) Mediator – The court comes up with possible compromises.

2. Investigative Litigation: It is investigative litigation because it works on the reports of the Registrar, District Magistrate, comments of experts, newspapers etc.

(e) Crucial Aspects: The flexibility introduced in the adherence to procedural laws. In Rural Litigation and Entitlement Kendra v. State of U.P., Supreme Court rejected the defense of Res Judicta. Court refused to withdraw the PIL and ordered compensation too. To curtail custodial violence, Supreme Court in Sheela Barse v. State of Maharashtra, issued certain guidelines. Supreme Court has broadened the meaning of Right to live with human dignity available under the Article 21 of the Constitution of India to a greatest extent possible.

(f) Relaxation of strict rule of Locus Standi: The strict rule of locus standi has been relaxed by way of (a) Representative standing, and (b) Citizen standing. In D.C.Wadhwa v. State of Bihar, Supreme Court held that a petitioner, a professor of political science who had done substantial research and deeply interested in ensuring proper implementation of the constitutional provisions, challenged the practice followed by the state of Bihar in repromulgating a number of ordinances without getting the approval of the legislature. The court held that the petitioner as a member of public has ‘sufficient interest’ to maintain a petition under Article 32.

The rule of locus standi have been relaxed and a person acting bonafide and having sufficient interest in the proceeding of Public Interest Litigation will alone have a locus standi and can approach the court to wipe out violation of fundamental rights and genuine infraction of statutory provisions, but not for personal gain or private profit or political motive or any oblique consideration…court has to strike balance between two conflicting interests:

(i) nobody should be allowed to indulge in wild and reckless allegations besmirching the character of others; and

(ii) avoidance of public mischief and to avoid mischievous petitions seeking to assail, for oblique motives, justifiable executive and the legislature. It is depressing to note that on account of trumpery proceedings initiated before the courts, innumerable days are wasted, which time otherwise could have been spent for the disposal of cases of genuine litigants. Though the Supreme Court spares no efforts in fostering and developing the laudable concept of PIL and extending its ling arm of sympathy to the poor, ignorant, the oppressed and the needy whose fundamental rights are infringed and violated and whose grievances go unnoticed, unrepresented and unheard.

(g) Epistolary Jurisdiction: The judicial activism gets its highest bonus when its orders wipe some tears from some eyes. This jurisdiction is somehow different from collective action. Number of PIL cells was open all over India for providing the footing or at least platform to the needy class of the society.

Factors that have contributed to growth of PIL

Among, the numerous factors that have contributed to the growth of PIL in this country, the following deserve special mention:

• The character of the Indian Constitution. Unlike Britain, India has a written constitution which through Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy) provides a framework for regulating relations between the state and its citizens and between citizens inter-se.

• India has some of the most progressive social legislation to be found anywhere in the world whether it be relating to bonded labor, minimum wages, land ceiling, environmental protection, etc. This has made it easier for the courts to haul up the executive when it is not performing its duties in ensuring the rights of the poor as per the law of the land.

• The liberal interpretation of locus standi where any person can apply to the court on behalf of those who are economically or physically unable to come before it has helped. Judges themselves have in some cases initiated suo moto action based on newspaper articles or letters received.

• Although social and economic rights given in the Indian Constitution under Part IV are not legally enforceable, courts have creatively read these into fundamental rights thereby making them judicially enforceable. For instance the "right to life" in Article 21 has been expanded to include right to free legal aid, right to live with dignity, right to education, right to work, freedom from torture, bar fetters and hand cuffing in prisons, etc.

• Sensitive judges have constantly innovated on the side of the poor. for instance, in the Bandhua Mukti Morcha case in 1983, the Supreme Court put the burden of proof on the respondent stating it would treat every case of forced labor as a case of bonded labor unless proven otherwise by the employer. Similarly in the Asiad Workers judgment case, Justice P.N. Bhagwati held that anyone getting less than the minimum wage can approach the Supreme Court directly without going through the labor commissioner and lower courts.

• In PIL cases where the petitioner is not in a position to provide all the necessary evidence, either because it is voluminous or because the parties are weak socially or economically, courts have appointed commissions to collect information on facts and present it before the bench.

Mechanism for protection of Human Rights through PIL

Features of PIL through the mechanism of PIL, the courts seek to protect human rights in the following ways:

1) By creating a new regime of human rights by expanding the meaning of fundamental right to equality, life and personal liberty. In this process, the right to speedy trial, free legal aid, dignity, means and livelihood, education, housing, medical care, clean environment, right against torture, sexual harassment, solitary confinement, bondage and servitude, exploitation and so on emerge as human rights. These new re-conceptualised rights provide legal resources to activate the courts for their enforcement through PIL.

2) By democratization of access to justice. This is done by relaxing the traditional rule of locus standi. Any public spirited citizen or social action group can approach the court on behalf of the oppressed classes. Courts attention can be drawn even by writing a letter or sending a telegram. This has been called epistolary jurisdiction.

3) By fashioning new kinds of relief’s under the court’s writ jurisdiction. For example, the court can award interim compensation to the victims of governmental lawlessness. This stands in sharp contrast to the Anglo-Saxon model of adjudication where interim relief is limited to preserving the status quo pending final decision. The grant of compensation in PIL matters does not preclude the aggrieved person from bringing a civil suit for damages. In PIL cases the court can fashion any relief to the victims.

4) By judicial monitoring of State institutions such as jails, women’s protective homes, juvenile homes, mental asylums, and the like. Through judicial invigilation, the court seeks gradual improvement in their management and administration. This has been characterized as creeping jurisdiction in which the court takes over the administration of these institutions for protecting human rights.

5) By devising new techniques of fact-finding. In most of the cases the court has appointed its own socio-legal commissions of inquiry or has deputed its own official for investigation. Sometimes it has taken the help of National Human Rights Commission or Central Bureau of Investigation (CBI) or experts to inquire into human rights violations. This may be called investigative litigation.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

PIL is for the interest of the public and it can be filed by anyone.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

PIL cannot be anonymously.

The documentary evidences are very much essential for filing any case.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Court will most probably reject anonymous pil you the petitioner should come before the court.if any inherent dear should be mentioned if filing anonymous.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes it can be done surely.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

Yes you can write to CHI but it is on his discretion to take any action or not.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

You can write to CJI regarding chronic pollution and lack of proper response from govt authorities

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

See you a can write a letter to CJI along with that file PIL before high court and give a letter and complaint before central ans state pollution control board.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can give a try on the basis of the link what you have provided here.

You can gather all the evidences for the cause of action and the steps you have taken to get relief from this problem

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

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