• Permanent resolution of high-pitched loud noise being generated by air conditioners

Restaurant has installed Four huge industrial duct AC in exterior wall by placing them on an huge iron parapet attached to wall. Each Hithachi AC is inductrial (duct) AC, and upward of 5 ton and upto 11 ton capacity .
In addition to such parapet without permission of competent authority being illegal , under the existing Noise pollution rules “Noise pollution Rules 2000” attached, the noise level should not exceed 65 DB from 6 AM to 10 PM and should not exceed 55DB from 10 PM to 6AM.
With the help of Mobile application from my home I was able to measure sound level of 73 db with only 2 of the 4 AC running. 
I had filed an e filling using NGT website and made payment of Rs 1100/- but it has been rejected with below comments "Original Application is not in proper form. The petitioner may rectify the defect by filing proper application under NGT Act 2010. Further it may be noted the present Application is lacking cause title,synopsis , list of dates,grounds ,prayer and verification part. The PDF pages should be combined and filed with single PDF."
Asked 5 years ago in Civil Law

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8 Answers

You should engage local lawyer for rectifying defects in application filed by you 

 

he can prepare proper cause title , synopsis , list of dates etc 

Ajay Sethi
Advocate, Mumbai
99859 Answers
8148 Consultations

  1. Why didn't you seek legal assistance at the first instance?  Why are you seeking legal assistance now?

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

If you are not knowing the filing procedures you should have taken the assistance of an advocate.

It is not a joke to make a complaint by e-filing.

The necessary information as per format has to be furnished to make the complaint complete in all respects.

Hence you are hereby advised to take the help of an advocate to file the complaint if at all you are really serious about the noise pollution.

 

T Kalaiselvan
Advocate, Vellore
90061 Answers
2499 Consultations

Hi 

It appears that though you have merit in your case, since your application to NGT was not in proper format (as pre rules of practice prescribed by NGT), your application has been rejected. 

You should contact a lawyer or a court clerk who has expertise in filing petitions before NGT and get your petition prepared in accordance with the format specified and file the petition again. 

Please note that since NGT is a tribunal, you should also annexe a copy of your complaint filed with Municipal authorities and in case of inaction by municipal authorities, you should implead municipal authorities as  Second Respondent in your petition with NGT. 

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

Contact lawyer from this website from your city 

Ajay Sethi
Advocate, Mumbai
99859 Answers
8148 Consultations

You are welcome for your appreciations. 

You may have to look for an advocate in the local yourself,  you can visit the local bar association looking for a suitable lawyer. 

T Kalaiselvan
Advocate, Vellore
90061 Answers
2499 Consultations

I'm experienced but I won't assist you unless you answer my previous questions viz.... Why didn't you seek legal assistance at the first instance; and why are you seeking it now? 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

there are number of lawyers in this website having good ratings . you can check their profile on the website . 

Mohammed Mujeeb
Advocate, Hyderabad
19338 Answers
32 Consultations

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