• Regarding dumping of animal waste

Hi, I have question regarding dumping of animal waste near to residential property. I am from a village in punjab. Our neighbour is dumping animal waste in the backyard of our house continuously from last 3 years. It is his property but residential area. He is using that property just to dump animal waste. This dumping of animal waste is causing us problems like smell from waste, mosquitoes and various creatures are coming from there to our house and main thing it is causing condensation on the back walls of the house. We asked him that we can give you the money can u put the concrete on the floor and he denied. Can we take any legal action because that area is Residential and he is using it to collect animal waste.
Asked 10 days ago in Property Law
Religion: Sikh

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8 Answers

File police complaint against your neighbour for dumping animal waste in your back yard as it is public nuisance leading to breeding of mosquitoes and foul smell 

2)

Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.

 

 

3)  if no action is taken by police file private complaint before magistrate 

Ajay Sethi
Advocate, Mumbai
79344 Answers
4746 Consultations

5.0 on 5.0

This nuisance and may cause health hazards as well. 

It's a fit case where you can file case under section 133 of crpc where remedy lies in cost effective and efficacious manner. 

Devajyoti Barman
Advocate, Kolkata
21685 Answers
311 Consultations

5.0 on 5.0

Sue him for nuisance 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1342 Answers
5 Consultations

4.4 on 5.0

You can make an complaint regarding the problems your are facing to the the Panchayat or Municipal Corporation, whichever came under your area. IF they do not take any action to your complain, make another application to high authority. If they still not listen, you can file writ petition as you have full right to breath in fresh air, and have a healthy environment.

As it is a residential area you gather with other neighbors also, request to that neighbor warn them if he does not listen to him, you are going to complaint about it to the Municipal corporation.  

Sanjeev Gupta
Advocate, East Delhi
88 Answers
1 Consultation

5.0 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for various offences like Intimidation, Nuisance, Spread of Disease, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hemant Agarwal
Advocate, Mumbai
5441 Answers
25 Consultations

5.0 on 5.0

As per The Environmental Protection Act, Enacted in 1986:

No person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or emitted any environmental pollutants in excess of such standards as may be prescribed.

Section 9(3) also contains an embodiment of the ‘Polluter-Pays’ principle, since it explains
that the expenses and any interest accrued may be recovered by the Authority together with interests arising from the date of violation.

This concept of ‘continuing’ punishment is an important one, since it establishes harsh penalties for the state of continuation.

The punishment laid down for the is imprisonment for a term which may extend to five years and a fine of up to `100,000 and the possibility of an additional fine of `5,000 for every day where the offence is continued.

The Rules establish the responsibility for the safe and environmentally sound handling of environmental waste by any ‘occupier’ of hazardous waste. An occupier is a person who has under his charge, any plant or factory producing hazardous waste or who holds hazardous waste.

Hazardous waste held by an ‘occupier’ must be sent or sold to a recycler or re-processor who is authorised to dispose of it in the proper manner. Furthermore, in any handling of hazardous waste, the said holder or person in charge of it must take all the steps necessary to contain contaminating substances and prevent harmful effects on human health and the environment.

You may first issue a legal notice based on the above referred law, if he is still not agreeing to remove them, you may give a complaint to the municipality or local civic body for taking proper legal action on this situation.

 

T Kalaiselvan
Advocate, Vellore
69360 Answers
929 Consultations

5.0 on 5.0

Yes you can first approach corporation and if not resolved then court

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 on 5.0

you can approach local court to file a petition u/s 133 of CrPC to remove the nuisance which cause physical discomfort.

Mohammed Mujeeb
Advocate, Hyderabad
18942 Answers
11 Consultations

4.5 on 5.0

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