• Wooden factory in a residential area

Dear sir there is wooden factory near my house which is a residential area in a Panchayat. They first started as a wooden furniture sales shop. 
Now they are making painting from morning to night. It is very difficult to stay there because of pungent smell of spray paint and sound pollution.
I have repeatedly requested them to stop ,but didn't listen.
What can I do to stop this factory.

Sincerely yours
Proshanta Kumar Ghosh
Asked 5 years ago in Civil Law

2 answers received in 10 minutes.

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18 Answers

File complaint with muncipal corporation against wooden factory in residential area 

 

2) if no action is taken by corporation file writ petition in HC for closure of factory in residential area 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Please meet the official of your block level officers with a representation Letter.....if they don't act on it....meet District Magistrate. 

There is no specific law to prevent a shopkeepers, but many general laws are exists in which District Authority can act to prevent them.

Raj Kumar Mishra
Advocate, Allahabad
180 Answers
2 Consultations

1. Running a factory in a residential area is not prohibited in all circumstances. 

2. However there are certain businesses which due to its nature is illegal in densely populated areas. 

3. This particular factory is produces defeating sound and obnoxious fumes then you can lodge complaint with Pollution control Board. 

4. If Pollution control Board doesn't act then file writ petition in high court. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. you can file a written complaint to the municipal corporation,

2. you can also file a civil suit to retrain the said person from doing any commercial activity in the residential area which is creating nuisance and also hazardous for health,

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

File a complaint with the west bengal pollution control board , however it has to find out if they have industrial license or not. You should also lodge a complaint with your local authorities about this. 

Hope this helps 

Please feel free if you have any other questions.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Dear sir,

You can get issued a legal notice calling demanding them to stop their activities.

If they continue, you'll have to institute a suit for permanent injunction. If you establish that the operation of this factory amounts to private/public nuisance, the court can order it to be shut down.

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

You make complaint in Municipal corporation  that factory is Incorporated in residential area, due to this your family and other neighbors are facing noise and air pollution. 

 

Ask them to get the NOC from Pollution department for specifically Noise and Air. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Firstly check with local authorities that the factory has received due permission from them or not, if not file complaint seeking the closure of the factory.

2. You may also complain before the State pollution control board. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

File a complaint against them in panchayat and also the Industry Department 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

You can file complaint against it with the panchayat and later if not resolved to the competent authority or nearby corporation

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You cannot ask them to stop their business or related activities.

You can make a  complaint with the local civic body expressing your grievances due to this and also insist the health hazard issues due to the this hazardous occupation of the business man.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

- As per law, a wooden factory cannot be opened in a residential area without the permission of the municipal authority and government approval.

- Further, for opening a wooden factory 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 /license  of the wooden factory..

- If there is no approval from the municipal authority , then file a complaint before competent authority, for the said illegal business.

- Further , you can also 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 the said factory from the residential area  , after filing a case of Mandatory injunction in the court.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Is there any objection by the panchayats for operating a wooden industry in that area if there is no sach objection by the panchayat then there is no problem in operating wooden industry in the residential area is there is any nuisance because of the factory you have tea opportunity to approach to local police station and complaint in Panchayat as well that the factory is creating noise pollution and any other pollution in case

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Industrial activities can not be allowed in residential area. There are so many forums, where you can complaint for that. First of all complaint it to local police, then factory inspector. If they do not act properly, go to court and file civil suit for injunction.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. You can make complaint to local authorities regarding commercial activities in residential area which is causing nuisance, noise pollution and breathing hazard due to spray paint.

2. If authorities doesn't take any action against your complaint then You can file case against authorities and nieghbour for removal of industry from your area. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir/Madam,

It is suggested that  you complaint the to panchayat against the activities of the factory and then file the suit of injunction against them. You may also approach the green tribunal. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. Send a complaint to the local Municipal Corporation against the said factory owner for using the residential area as commercial area and also for polluting the area.

 

2. Mark a copy of the said complaint to police and also the Pollution Control Board.

 

3. If no action is taken within next 15 days, file a Writ Petition before the High Court against inaction of police and the Pollution Control board making the factory owner as the private party praying for a direction upon him to close his factory immediately.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

A commercial activity cannot be carried out in a residential area. Lodge a complaint with the municipal corporation and the development authority.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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