• Smoking by neighbour

Hello, one of our neighbors smokes in his balcony periodically. sometimes 
it comes to our home and we need to close windows so that it doesn't harm us. I tried asking him politely not to smoke in balcony, but it didn't help. Is there any way I can sue him? Dose law stands by my side ?
Asked 1 year ago in Civil Law from Surat, Gujarat
A. You would better record the all the conversation with him and give suggestion and explain whatever troubles are you getting by dint of smoke while recording the conversation.

B. Secondly,take a photo or video with respect to the same, then issue a legal notice by mentioning all the legal consequences in future with attaching photos.

C. Finally, you are entitled to get a permanent injunction against him by filing an injunction suit before the court of law.
B.T. Ravi
Advocate, Bangalore
751 Answers
35 Consultations
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Smoking in public places will be banned in Gujarat and also made aProhibition of Smoking in Public Places Rules, 2008.
Are you staying in apartment or flat? If the balcony is come under common area or public place you can sue .File a complaint in police station .Before filing the complaint the following things are read carefully .

"smoking", means smoking of tobacco in any form whether in the form of cigarette, cigar, beedis or otherwise with the aid of a pipe, wrapper or any other instruments;

 ‘Public Place’ is defined as any place to which the public has access whether as of right or not and includes all places visited by general public namely auditorium, hospital building, railway waiting room, amusement centers, public offices, court buildings, educational institutions, libraries, coffee houses, canteens, banks, clubs and also open spaces surrounding hotels/restaurants etc .
. 
Ajay N S
Advocate, Ernakulam
2028 Answers
24 Consultations
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1) your neighbour is smoking in his house 

2) you cant restrain your neighbour from smoking in his balcony 

3) there is no such rule that prevent a flat owner from smoking in his balcony 
Ajay Sethi
Advocate, Mumbai
27262 Answers
1482 Consultations
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1. You can through a restraint order restrain him from smoking in a manner in which the smoke enters your house. 

2. Before going to court you may issue a lawyer's notice to him to see if it works or not.
Ashish Davessar
Advocate, Jaipur
19587 Answers
507 Consultations
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Hi, as per law people will not allow to smoke in public place, though he uses balcony for smoking place  but it will cause nuisance to  you so you can lodge a police complaint against him.
Pradeep Bharathipura
Advocate, Bangalore
4199 Answers
149 Consultations
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Smoking in pubic place is prohibited but smoking in private place is not prohibited.
You may see if that place is public place or private place, and may warn him about the legal consequences if he is not paying heed to your request.  Consult your lawyer before proceeding drastically against him. 
T Kalaiselvan
Advocate, Vellore
17407 Answers
165 Consultations
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1. Lodge a police complaint against her improper act of smoking in open space from creating air pollution in your premises causing seriour health damage to you and your family,

2. You can also write to the local Pollution Control Board.
Krishna Kishore Ganguly
Advocate, Kolkata
13576 Answers
291 Consultations
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