1) commercial activity cannot be carried on in residential area 

2) you can complain to police inspector under provisions of noise pollution control act as noise level far exceeds levels prescribed for residential area . Also file complaint with mucipal corporation for commercial activity being carried on in residential area 

3) if  police does not take any action you can file complaint before magistrate and seek orders under section 133 of Crpc  for removal of the nuisance

4) in alternative file writ petition in HC to direct authorities to take action against your neighbour for carrying out commercial activities in residential area 

Noise pollution can be dealt under Sections 268, 290 and 291 of the Indian Penal Code, as a public nuisance. Under Section 268 of this Code, it is mentioned that 'A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.

A common nuisance is not excused on the ground that it causes some convenience or advantage.' Sections 290 and 291 of the Indian Penal Code deal with the punishment for public nuisance.

Criminal Procedure Code Under Section 133 of the Code of Criminal Procedure, 1973 the magistrate has the power to make conditional order requiring the person causing nuisance to remove such nuisance.

2) In Kirori Mal Bishambar Dayal v. The State AIR 1958 Punjab 11, accused/petitioner was convicted and sentenced under Section 290 of Indian Penal Code 1860 and was fined Rs. 50 for causing noise and emitting smoke and vibrations by operating of heavy machinery in the residential area. The orders of the trial court was upheld by the District Magistrate in appeal. The High Court of Punjab & Haryana also upheld the decision of the courts below and dismissed the revision petition

1. Any sound that is produced as a corollary to the operation of a legally permissible commercial activity cannot be termed 'noise'.

2. You should install sound barriers.

Yes. Lodge complaint with Pollution Control Board. 

 The State Government may categorize the areas into industrial, commercial, residential or silence areas/zones for the purpose of implementation of noise standards for different areas.

The State Government shall take measures for abatement of noise including noise emanating from vehicular movements and ensure that the existing noise levels do not exceed the ambient air quality standards specified under these rules.

All development authorities, local bodies and other concerned authorities while planning developmental activity or carrying out functions relating to town and country planning shall take into consideration all aspects of noise pollution as a parameter of life to avoid noise menace and to achieve the objective of maintaining the ambient air quality standards in respect of noise.

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.

“Authority” means any authority or officer authorised by the Central Government, or as the case may be, the State Government in accordance with the laws in force and includes a District Magistrate, Police Commissioner, or arm other officer designated for the maintenance o the ambient air quality standards in respect of noise under any law for the time being in force;

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 may initiate action through the said authority.

The authority under the 

THE NOISE POLLUTION (REGULATION

AND CONTROL) RULES, 2000

is 

Authority” means any authority or officer authorised by the Central Government, or as the case may be, the State Government in accordance with the laws in force and includes a District Magistrate, Police Commissioner, or arm other officer designated for the maintenance o the ambient air quality standards in respect of noise under any law for the time being in force;

Noise is one of the undesirable products of technological civilization.  Admits this civilization, whereever we go, noise surrounds us.  The roar of traffic, the passage of trains and aeroplanes, the bustle of crowds and the working of industry and the public utilities deafens our ears.  Even home is invaded by noise.  The noise from whatever source it comes from is undoubtedly, physiologically as well as psychologically harmful.  Invading environment in dangerous proportions,

 it is an invisible but insidious form of pollutant Noise as a potentially harmful

pollutant is being  recognised as a great nuisance these days affecting the quality

of life, particularly, in urban areas.

The Environment (Protection) Act, 1986, under Sec. 6 has mentioned “Rules to regulate environmental pollution”.  This section has explained the maximum allowable limits of concentrations of various environmental pollutants (including noise) for different areas.

A legally significant objective definition of noise is a complex and difficult to discern, for noise is not purely a matter of acoustics but of psychology.  Subjective factors such as mental attitude, environment, time and place, etc., are important in the determination of actionable noise, which differ and are hard to quantify.  The law cannot take into account every unwanted noise. On the oth6r hand, any sound, which becomes excessive, unnecessary or unreasonable, has to be put under regulation in order to shield public against unbearable and harmful noise or for its cessation. 

Ambient air quality standard in respect of noise in a residential area is 55 decibel during day time and it is 45 during night time. 

Dear sir,

Under Article 21 of the Indian Constitution, the citizens have a right of a decent environment and they have a right to live peacefully, right to sleep at night and to have a right to leisure which are all necessary ingredients of the right to life guaranteed under Article 21 of the Constitution.

Noise Pollution (Regulation and Control) Rules, 2000

Union Government on 14 February 2000 enacted the Noise Pollution (Regulation and Control) Rules, 2000 in exercise of its power conferred under the Environment (Protection) Act, 1986 to control the increasing ambient noise level in public places from various sources.

The Rule 5 of the Noise Rules 2000 restricts the use of loud speakers/public address system. The Rule 5 was amended in 2010 to restrict the use of sound producing equipment's also. In all these cases a written permission is necessary for using such equipment.

District Magistrate, Police Commissioner and other officer not below the rank of Deputy Superintendent of Police are the implementing authroity under the Noise Rules, 2000.

The State Government has been empowered to grant permission to use loudspeaker on or during any cultural or religious festive occasion of limited duration not exceeding fifteen days in all during the calendar year. But such relaxation is not permissible between 10 PM and 12 midnight.

The Supreme Court bench of Chief Justice of India RC Lahoti and Justice Ashok Bhan in Re: Noise Pollution Û ... vs Unknown case issued sweeping direction on the use of loudspeakers and horns, even noise produced in private residences.

The directions also covered the noise generated from fire crackers, loudspeakers, vehicular noise, etc.

Court also stressed the need for education in this regard in text books.

It banned the use of loudspeakers between 10 pm and 6 am in public places (except in emergencies)

The decibel level of megaphones or public address systems should not exceed 10 dB (A) above the ambient noise standards for the area, or 75 dB (A), whichever is lower.

The court issued sweeping direction with respect to noise pollution under exercise of its powers under Articles 141 and 142 of the Indian Constitution, which rendered them the authority of law of the land till such time as parliament, legislated on the problem.

Other High Courts judgments

Kerala HC held that singing of devotional songs by religious institutions should be inconformity with the rules. Whatever be the justification for playing devolution songs in the early morning and at dusk or at any time it has to be in conformity with the rules that are in force.

Madras HC had the occasion to consider the use of loudspeaker in a temple. HC held that rule of law is more than anything else requires that all laws as enacted by Parliament and State Legislatures be faithfully executed by officials, that orders of Courts be obeyed.

Calcutta HC applied the principle of judicial activism while deciding an issue as to whether the prohibition of manufacturing of noise polluting fireworks is valid. Judicial activism confers power upon the court to be active and not remain inactive for the purpose of protecting rights, duties and obligations of the people.

Noise Pollution (Regulation and Control) (Amendment) Rules, 2010

The Noise Rules, 2000 were amended in 2010 to include the words "fire crackers and sound polluting instruments."

So you can file a case against the ones creating the pollution.

initially, you can send them a legal notice, if they continue creating the pollution, you can file a suit against them with the help of a lawyer.

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