you can complaint against such Nuisance due to which it is very difficult and creating noise pollution. you can also file a RTI against them with the concerned affiliate board asking for permission and other sanctions.
Related to school running as an immediate neighbor
Hello , There is a private school running on the plot right next to us.It is a school upto class 8 and makes much noise.It starts with the students coming parents leaving their children so noise of the vehicles, prayer which goes on about 20 minutes with loudspeaker.Then it runs till 1pm the classroom noise comes till our bedroom.and then when school leaves some of the nuisance of that. And then there is a temple in the school complex of saibaba adjacent to our house boundary,which opens at 7pm to 9 and the priest starts with ringing the bells and does the prayer many people come to this place on a daily basis the bell keeps ringing for hours in some interval.he also uses a speaker to play aarti of saibaba.so what can we done about it legally. Also an important detail is that the construction of the school was done prior to the construction of our house. So the construction of the house was done after the completion of the schools construction. However the land was bought already without the information of what is to be constructed right next to us.considering the obvious that it would be a house. Now that the school is constructed it is overtaking the peace of our house while it runs.
Asked 4 years ago in Property Law
Religion: Hindu
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13 Answers
1) file police complaint against use of loud speaker in school premises as it disturbs residents staying in locality
2) if no action is taken by school file private complaint before magistrate against school management for public nuisance under section 133 cr pc
3) According to Section 133, a conditional order can be passed by a District Magistrate, Sub- Divisional Magistrate or any Executive Magistrate empowered by the state for removal of public nuisance.
You can file civil suit for direction to keep silence in area, at least lower the voice disturbance. This is the only possible way out.
1. Noise is usual outcome of running of school and this is not criminal activity nor you can call it nuisance.
2. You should be thankful that you are residing next to school which contribute to building of a nation.
3. No plot owner is obliged to inform the neighbour that he is coming up with the school.
4. You can at the most ask the school authority not to use loud speaker for prayer purpose in the morning. In other respect you will have make peace with the reality that you reside near a school and hence noise of school children and car is natural phenomenon which no one can stop nor would be interested to do so.
- As per law, a private school cannot be opened in a residential area without the permission of the municipal authority and government approval.
- Further, for opening a School from a residential plot /area , there should be , a commercial approval for running the same , and an authorization letter from the competent authority.
- Hence, you should approach to the local municipal office, to get the copy of the sanction plan/approval /licence of the school building.
- Further, you should approach to education department of Jabalpur , for knowing the ground of its recognization given to the said school .
- If there is no approval form the municipal authority & education department , then file a complaint before competent authority , for illegal business of School.
- Otherside, for constucting a temple from a residential plot /house , not required to take any licence or permission from any authority , but being aggrieved , you can complain due to its disturbance upon your life and peace caused by the noise pollution, air pollution, etc.
- You should lodge your complaint against the nuisance before the SHO , and higher police official , and a copy of the same should forwarded to municipal authority as well.
- If no response, then you can stop to running school from the residential plot /area , after filing a case of Mandatory injunction in the court.
Good luck and dont forget to rating Positively.
The school can be operated from any land. It does not fall within the hazardous activities which are prohibited to run in any residential area.
Running school in residential is totally perfect and legal too. A school can not be operated gainfully in isolation of public.
If you feel discomfort with the noise you can preferably with some other similarly affected neighbours approach to DM for a reasonable solution to the noise problem. DM may put some reasonable restrictions of use of speaker or other activities in the school.
Remember personal liberty as granted by our law is subject to social welfare. You can not deny this. Nobody can. Court will not come to close the school. Because it is all legal.
1. A Supreme Court judgement states that no commercial activity of any kind is permitted in a "residential only colony" and this includes School ....
2. Check with the local Municipal office, whether your area is defined as a "residential only colony". IF yes, THEN move the local civil court, for closure of all commercial activities as the ones you have described. This can be done.
See if there is intolerable noise at odd hours then only you can file a complaint otherwise no complaint is.maintainable if the school is as per approved plans also the concerned permissions are there. Nothing as such can be done you can give notice ask them.to.refrain using from the loudspeakers and also.ask them to manage the traffic.
You first obtain the information through RTI act to find out whether this is a residential area or commercial area.
If it is a residential area and no permission have been sought from the authorities to conduct school activities, then you may make a complaint with the local civic body about this and also you can plead that there are lot of disturbances due to the functioning of the school in your neighborhood.
This type of nuisances will be a menace especially to the neighboring residents due to the said noise pollution.
You can complaint for noise pollution. Also can take action against the offenders
1. If there is a school then noise would come. This is not a ground to shut down the school.
2. The maximum you may do is file a suit for permanent injunction to restrain the school management from committing further acts of noise pollution.
the basic question is that if school is running without the proper licence?
As this is recognised and being operated as per the rule you have no right against the school so far as the temple is concerned if you have any problem with the school and Temple you need to shift your recommendation somewhere else because from the La you are not going to get any relief the school children will make noise and the the worship place will have its own sound and that cannot be stopped buy a court order if any new sensors created because of these two places which were in existence before you arrive in the place you have no remedy available for your problems
You should make the complaint to local authorities such as police and municipal corporation for nuisance created in the area due to school and temple loudspeaker.
