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.
Wooden furniture manufacturing activity in residential flat and shop
Please advice, How to deal with situation, our residential flate (31 residential flate & 14 shop on ground floor), one of the shop tenant & owner run furniture manufacturing/production activity in shop & road side Margine area of our residential complex. They have made unauthorized shed in Margine area, Just before 10 days Municipal corporation have demolised that shed with full police protection, next day he make shed (in margine/parking area) with green net and started furniture manufacturing activity in margin/parking area...it generate too much noise of wood cutting machine, wood cutting dust & noxious furniture paint/chemical smell comes inside to every resident house....we resident people are not able to open our window also. Please suggest us...now to which authority we, all the resident flate holder, have to approch under which indian law clause or shop act clause
Asked 5 years ago in Civil Law
7 Answers
File complaint before muncipal corporation
you can also file suit seek injunction restraining shop owner for, carrying on manufacturing activities of wooden furniture in residential area
No commercial activity is allowed out side shop or on the margine area so drop a complaint to the Municipal Corporation and police of the area, as well as move one more application to the District Magistrate for obtaining order restraining him for doing such illegal activities.
You need to file a complaint before the municipal Corporation or other competent civic authority for the same
A. As per the information provided by you as the Municipality has demolished the shed with the police protection you have an option to write a representation on letter head of your society wherein signature of Chairman, Secretary and the aggrieved residents of your society are to be taken.
You also have an option for filing a police complaint before the concerned police station alleging the public nuisance and for unauthorized occupancy.
You also have an option to approach Civil Court for appropriate remedy.
Hi, you have to approach the Municipal authorities once again or else you can lodge police complaint.
THE NOISE POLLUTION (REGULATION AND CONTROL) RULES, 2000
As per provisions of the above rules:
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Responsibility as to enforcement of noise pollution control measures.-
(1) The noise levels in any area/zone shall not exceed the ambient air quality standards in, respect of noise as specified in the Schedule.
(2) The authority shall be responsible for the enforcement of noise pollution control measures and the due compliance of the ambient air quality standards in respect of noise.
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Complaints to be made to the authority-
(1) A person may, if the noise level exceeds the ambient noise standards by 11) dB (A) or more given in the corresponding columns against any area/zone, make a complaint to the authority.
(2) The authority shall act on the complaint and take action against the violator in accordance with the provisions of these rules and any other law in force.
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Power to prohibit etc. continuance of music sound or noise.-
(1) If the authority is satisfied from the report of an officer in charge of a police station or other information received by him that it is necessary to do so in order to prevent annoyance, disturbance, discomfort or injury risk of annoyance, disturbance, discomfort or injury to the public or any person who dwell or occupy property on the vicinity, he may, by written order issue such directions as he may consider necessary to any person for preventing, prohibiting, controlling or regulating: -
(a) The incidence or continuance in or upon any premise of-
(i) Any vocal or instrumental music,
(ii) Sounds caused by playing, beating, clashing, blowing or use in any manner whatsoever of any instrument including loudspeakers, public address systems, appliance or apparatus or contrivance which is capable of producing or re-producing sound, or
(b) The carrying on in or upon, any premises of any trade, avocation or operation or process resulting in or attended with noise.
(2) The authority empowered under sub-rule (1) may, either oil its own motion, or on the application of any person aggrieved by an order made tinder sub-rule (1), either rescind, modify or alter any such order:
Provided that before any such application is disposed of, the said authority shall afford to the applicant an opportunity of appearing before if either in person or by a person representing him and showing cause against the order and shall, if it reflects any such application either wholly or in part, record its reasons for such rejection.
You and other affected members may initiate action as prescribed above.
