• Illegal marriage halls and noise pollution

Hello. I live in sector 52 noida. just behind my apartments are 2 marriage halls - FM Gardens & Olive Garden. 
There is a function here almost daily and the DJs are extremely loud (We all know, no DJ follows the court rulings of 65db during the day). I am assuming no permission for DJs are taken. 
Then there are dhols, drums etc. 
Also, i believe that these gardens are encroachments and built on space dedicated for green belt (See noita authority map) and check the location of olive garden sector 52, noida / fm garden sector 52 noida. 
I would like to know the following 
1. What is the process to check if these marriage halls are illegal or an encroachment on green belt. If yes, what is the process to get these halls shut. 
2. If all the papers for these are in place, even then, there was a ruling by UP high court banning all use of DJ in the state, which was then put on stay by the honorable Supreme Court. How can we pursue that case. It is high time we all understand that DJs (whether used in marriages or godly processions or other gathering) are high level tortures & they need to be curbed. 

If one is willing to fight against these, what is the best way to go about it.
Asked 1 month ago in Civil Law from Noida, Uttar Pradesh

File RTI application with the noida authority whether marriages are permitted in the marriage hall gardens 

 

2) record the noise decibel level in the marriage halls 

 

3) if it exceeds 65DB  then file police complaint against the noise pollution in the marriage halls 

 

4) 

if police does not take any action you can file complaint before magistrate and seek orders under section 133 of IPC for removal of the nuisance

 

5) you can also file writ petition in HC to direct authorities to take action against the marriage hall for playing music loudly and contrary to noise pollution control norms

Ajay Sethi
Advocate, Mumbai
73013 Answers
4384 Consultations

5.0 on 5.0

1. Visit the local "Town Planning Dept." and Apply for Documents related to the properties you mentioned.  Also obtain certified copies of the plan showing the two marriage halls.

2. Based on above, file a Writ Petition (WP) in the State High Court, by making the following as parties to the WP: Pollution Control Board, Regional Town Planning Dept., Municipal authorities, Police authorities, Water Dept, Sewage Dept., Electricity Dept. and any other department who has authoritative control or provides any service to the Marriage halls.

3. Seek relief in the WP., to remove the Marriage Halls, on the grounds you mentioned and declare that your area is a "residential zone" and all commercial activities maybe banned.

Hemant Agarwal
Advocate, Mumbai
3939 Answers
21 Consultations

5.0 on 5.0

First of all you have to complaint NOIDA Authority to take appropriate action to close the illegal marriage halls and if the Authority do not take any action you have to approach High Court Allahabad making Noida Authority and Police as party by a writ petition. ( This is most effective way out)

Otherwise you may file PIL U/S 226of Constitution of India in High Court Allahabad

Vimlesh Prasad Mishra
Advocate, Lucknow
6299 Answers
20 Consultations

4.9 on 5.0

1. first of all gather basic information regarding khasra number, type of property,

2. once obtained check for the CLU of the land,

3. most of the marriage halls doesn't have CLU,

4. you can obtain the required information through RTI from District Town Planner/Municipal office,

5. you can lodge a formal complaint against them for disobeying the Court rulings,

6. you can also file a civil suit restraining them from creating nuisance

 

 

 

Suneel Moudgil
Advocate, Haryana
1711 Answers
3 Consultations

4.7 on 5.0

The legal recourse which you have is to seek injunction from the court against the owner of the marriage hall to restrain him from causing noise pollution.you may even move the NGT and file a complaint under section 5 of Environment protection act 1986. issue a complaint cum notice to your municipal authority and local police to take action against the hall and violation of the rules.

Mohammed Mujeeb
Advocate, Hyderabad
14513 Answers
6 Consultations

4.5 on 5.0

1. You can file RTI before the municipal authority to get details of same. A complainant can be file before authority if it is encroachment. 

2. See case is pending before SC court and you can track the proceedings and order passed only in same. Also you can check whether they take permission from local police to operate DJ or not.

 

Shubham Jhajharia
Advocate, Ahmedabad
23445 Answers
94 Consultations

5.0 on 5.0

1. File a RTI with Noida Authority to ask if the marriage hall is an encroachment or not.

2. If it comes out that they are encroachments then file an application to the authority to seal them. If they are then not sealed then a PIL can be filed by you in the High Court.

 

Ashish Davessar
Advocate, Jaipur
27730 Answers
820 Consultations

5.0 on 5.0

You can file a complaint understand noise pollution Act and if not answered can file writ Petition against Corporation before High court

Prashant Nayak
Advocate, Mumbai
17446 Answers
30 Consultations

4.6 on 5.0

1. You can obtain the desired information by filing an application through RTI act.

2.  You can file a PIL in the court seeking to ban such nuisances especially in the residential areas. 

Do you feel that a lack of, or misguided, government policies and decisions are hampering the greater common good and creating unacceptable situations related to abuse and violation of basic human rights, social injustice, corruption etc.?

Most importantly, are you waiting for someone else to come along and put things right? The good news is that you needn’t, in many such cases.

For socially conscious citizens who would like to fix the system through a court of law, the Public Interest Litigation (PIL) is a powerful tool. Public Interest Litigation cases won or lost in the High Court or the Supreme Court of India often make news these days. Whether a PIL case wins or loses, it certainly makes an impact on the lives of people who are connected to the issue in one way or the other.

In simple terms, a PIL is a petition that an individual or a non-government organisation or citizen groups, can file in the court seeking justice in an issue that has a larger public interest. It aims at giving common people an access to the judiciary to obtain legal redress for a greater cause.

PIL is not defined in any statute. It is the outcome of judicial activism to take cognisance of a cause at the instance of any person even if it does not affect him personally, but affects the public at large.

T Kalaiselvan
Advocate, Vellore
62966 Answers
814 Consultations

5.0 on 5.0

Get the information under RTI from municipal office.

You can call on 100 for any noise pollution. Police will confiscate the DJ. Police is bound to, if police don`t, complain to commissioner. 

Multiple complaints - more effective.

Yogendra Singh Rajawat
Advocate, Jaipur
17397 Answers
21 Consultations

4.6 on 5.0

Dear Sir,

It is better to you have to file injunction suit from the court against the owner of the marriage hall to restrain him from causing noise pollution. And you may even move the NGT and file a complaint under section 5 of Environment protection act 1986.

Netravathi Kalaskar
Advocate, Bangalore
4722 Answers
24 Consultations

4.8 on 5.0

 As per law, no commercial activity allowed in the residential area without the permission of authority , and housing complex .  

- Only a fixed area can be legally used for commercial purpose limited to official use only , i.e can be used for services by resident advocates, chartered accountants, doctors ,tutorials, dance and yoga classes.

- Further, one can use the bungalow/ flat for commercial purpose provided, no production or manufacturing activity is conducted and the commercial use shall be completely professional in nature, and it should not cause nuisance to other dwellers of the society, but, approvals from the competent authority are required.

- Even , if there is permission of marriage hall , then it is mandatory for marriage halls to install soundless generators to avoid air and noise pollution, and the sounds of music .

- Further, the owners of such holdings should inform the municipal corporation before converting a residential complex into a commercial outlet, like a marriage hall. 

1. For getting the information regarding the same, you should file an RTI application before the Noida Authority, and municipal corporations as well. 

2. Firstly , you should lodge a complaint before the local police , and higher official , and further forwarded the said compliant copy to the authority as well for a legal action. 

- If, no action , then you should file a complaint under section 133 of IPC before the magistrate for getting direction/and to shut the same permanently.

Mohammed Shahzad
Advocate, Delhi
1789 Answers
27 Consultations

5.0 on 5.0

1. File RTI application to get the details of land on which marriage halls are build. 

2. If you are willing to fight a case to ban use of dj and speakers in functions then you should file a Writ petition before Supreme Court on ground of public interest and nuisance caused by DJs and speakers. 

Mohit Kapoor
Advocate, Rohtak
7134 Answers
2 Consultations

5.0 on 5.0

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