Inconvenience caused by DAL MILL operated by my neighbor
I belong to a small town in odisha.. Recently my neighbor opened up a DAL MILL adjacent to my house. His mill causes tremendous air and sound pollution. There is a constant vibration and sound in my house. Life has become a hell. Please tell me what should I do? These are some powerful people and my life might be in danger if make a complaint against them.
Asked 2 years ago in Constitutional Law from Jatni, Odisha
1. Is it a residential area? If yes, does the local municipal plan allow commercial operations in the area?
2. If the commercial establishments are not permitted in the area you can complaint to the corporation for closing it.
3. If the commercial establishments are permitted the owner of the mill is required to operate his mill in a manner which does not cause inconvenience to the inhabitants of the area.
4. You can initially issue him a lawyer's notice to curb the sound and air pollution emanating from the operation of his mill. If he does not comply with the demand you can move to court to seek a stay against the operation of mill.
1. is it a residential area . if it is so then opening of such mill beside a residential house is not permissible.
2. Moreover it is causing sound pollution in the area.
3. Lodge complaint with the local municipality and the pollution control board.
4. if they take no steps then file writ petition in high court.
1) you should lodge written complaint to muncipal corporation as to whether any permission has been given for opening Dal Mill in residential area . also mention that opening has caused air and nice pollution
2) if no reply is received file RTI application as to what action has been taklen on your complaint
3) if muncipal corporation fails to act file WP in HC against failure of muncipal corporation to take any action on your complaints
I have made written complaints to both the local muncipal corporation and the state pollution control board regarding the said mill.I have not got any reply from them. I filed an RTI yesterday asking them about the action they have taken against my complaint. I am willing to file a case in HC.I have following queries.
1)Should i file a WP or a permanent or immediate injuction case against the mill owner.
2)Can you guys suggest some good lawerys in bhubaneswar whom i can approach
3)How long do you think the case would go on and the expenditure i can expect?
Asked 2 years ago
1) wait for RTI reply
2) then file writ against against corporation , pollution control board against their failure to take any action against mill owner
3) you can get adinterim stay but disposal of writ may take time depending upon pendency of cases in high court
You should seek injunction from the court. You can check this portal for lawyers from Bhubaneshwar. The injunction may be issued even on the first hearing, albeit the final disposal will take time.