• Illegal RMC plant--Environmental & Mental harassment

Hi.. In our locality a builder along with local influential person has established a Ready Mix Concrete Plant. Generally plant operated in Night Too. Colony is UIT Approved Residential Colony. Plant is established on Agricultural Land which is owned by that Local Influential Person. 
What are the Legal Options available with me in respect of:-
1. Operation of Plant in Night.
2. Damage of Road of Colony by Plant owner due to Havy Vehicles. 
3. As a result always we have to bear Air & Noice pollution. Few people are suffering From Depression, Insomnia, Diabeteas etc. Noice Pollution & Air Pollution cause health issues to people living in Residential Colony.
4. Can Plant be operated on Agricultural Land.
5. Can Electricity Board can approve Electricity to such plant.
6. How can i stop activity of Such illegal Plant without disclosing my name. since Land owner is Politically strong. 
7. Can NOC of Pollution Control Board is Mandatory for operation of Such Plant.
8. Can Approval of Panchayat/ Muncipality is Must for Operation of Such Plant.

Request your Help.
Asked 5 years ago in Civil Law from Jodhpur, Rajasthan
The remedy for you will be to file a civil suit for nuisance, illegal construction, etc; however, since you do no wish your name be disclosed, there does not appear to be any option, save writing aninomously to Municipality, pollution control authorities etc.
Prabhat Shroff
Advocate, Kolkata
141 Answers
39 Consultations

4.7 on 5.0


Another option available to you is to call up the newspaper people like 'DB Star' or a local news channel people and ask them to cover this issue. If you are able to persuade them, the issue might get attention of the concerned authorities.

Nishant Bora
Advocate, Jodhpur
111 Answers
33 Consultations

4.9 on 5.0

The most efficacious remedy to nip this menace in bud would be a legal action brought in the court by all the inhabitants of the society seeking the closure of the plant by way of a stay order against it. You may either alone or all the affected persons together move the court. However, it is strongly recommended that all the inhabitants who are affected by the operation of this plant should collectively file the petition for closure of the plant. 'Be you ever so high the law is still above you' is a legal adage which all the influential persons realize and come to terms with in a court of law. If he is influential then he will inevitably be having a political clout, with the aid of which he will be able to scuttle any complaint filed by you to the civic authorities.
Ashish Davessar
Advocate, Jaipur
24302 Answers
677 Consultations

5.0 on 5.0

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