• Unbearable noise like loud music noise, dance by adults

I am staying in 4th floor in one of the apartment in Bangalore and top of 4th floor, there is one Party Hall. It has constructed illegally (without any govt. approval). 

There is one infant and 7 years old daughter in my family. Most of the days, due to my office meeting or some other office work or noise carried out from the party hall, I sleep very late night. So hardly, I get time to sleep in early morning. 

A group of people are involved for organizing and participating in the paid activities like dance, music extra.. And they use this party hall for all these paid (commercial use) activities in irregular timing (in-between 8 AM to 11 PM). This creates a lot of unbearable noise like loud music noise, dance by adults, dragging of tables, chairs and jumping activities and these activities does not allow us to sleep. Due to this public nuisance, mine and my family health has got impacted and got the diabetes, high blood pressure and cholesterol.

My family has been absorbing this thumping noise from last 3 year and I had communicate to MC many times over the 3 year via verbally and via email.  MC either say, they don’t know no who is doing this or some time they say, it is ok we cannot stop these kind of activity. My personal feeling is, MC allows group of member to use party hall for commercial use. If I speak with these group of people, they have been arrogant towards me and challenged me to stop them.

I have recorded noise from my bed room which is very clear and can be produce as proof for the evidence.

I am frustrated by this everyday public nuisance which carried out from the party hall. Please advise me how to proceed and how police can help me in this matter also suggest me approx. procedural cost.
Asked 1 year ago in Criminal Law from Bangalore, Karnataka
Religion: Hindu
Police has no role to play in this. What you require is an order of injunction passed by the court. Issue a lawyer's notice to the party hall management asking them to stop the noise emanating therefrom. If this also proves futile then file for injunction in the court. 
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
5.0 on 5.0
file an application before SDM/DM of your area u/s 133 of Cr.P.C and claim a restrain order against them, the SDM has power to pass an order in this regard and directed to police to stop the illegal activities and nuisance.

133. Conditional order for removal of nuisance.
(1) Whenever a District Magistrate or a Sub- divisional Magistrate or any other Executive Magistrate specially empowered in this of behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers-
(a) that any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; or
(b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated; or
(c) that the construction of any building, or, the disposal of any substance, as is likely to occasion configuration or explosion, should be prevented or stopped; or
(d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary; or
(e) that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public; or
(f) that any dangerous animal should be destroyed, confined or otherwise disposed of, such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupa-
tion, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order-
(i) to remove such obstruction or nuisance; or
(ii) to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or
(iii) to prevent or stop the construction of such building, or to alter the disposal of such substance; or
(iv) to remove, repair or support such building, tent or structure, or to remove or support such trees; or
(v) to fence such tank, well or excavation; or
(vi) to destroy, confine or dispose of such dangerous animal in the manner provided in the said order; or, if he objects so to do, to appear before himself or some other Executive Magistrate subordinate to him at a time and place to be fixed by the Order, and show cause, in the manner hereinafter provided, why the order should not be made absolute.
(2) No order duly made by a Magistrate under this section shall be called in question in any Civil Court. Explanation- A" public place" includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes.

Feel Free to Call 
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. yes, you can if you want.

2. SDM is able to hear you and have power to take action.

3. local authority of your area who is authorized to issue licence.

4. nearest police station in which your area is situated.

5. file an application under RTI and asked them regarding the action and proceedings on your mails.

Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
This is a case of quasi criminal offence.
2. File a case u/s 133 cprc in a local Magistrate's court and then see the result coming thick and fast.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
As I told you earlier, neither BBMP nor police have any authority of law to interfere in a dispute of this nature. Only a court of law can come to your rescue. What you require is injunction from the civil court. In a nutshell, the only authority you should approach is the civil court. If you are being threatened then file a complaint for criminal intimidation.
Ashish Davessar
Advocate, Jaipur
18246 Answers
450 Consultations
5.0 on 5.0
Shall I complaint to BBMP for this illegal construction?
Yes you can give a complaint


 Which govt. authority should I approached?
The BBMP authorities


Group of people initiated activities (one after another) which is paid in welfare society without knowing of MC and without taken care of other issue and concern.
Issue a notice to the society about this irregularity and nuisance. 



 whom should I approach? 
Problem: If I raise the voice against this regular commercial use activities which makes public nuisance, group of people are threatening me.
You can also lodge a police complaint about the illegal activity and disturbance. 


T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
1. You have your local noise pollution board,

2. There will be some restriction in playing music above certain decibel level,

3. There will be restriction in play loud speaker after 10 PM to 6 AM,

4. If the said people violate the said Board's regulation/rule lodge a compalint to the Board under copy to police,

5. If police fails to act, you can file writ petition before the High Court against police inaction,

6. You can also lodge a complaint about the said illegal and unauthorised construction of the party hall to the local Municipality/Corporation.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Problem: Unbearable noise comes from illegally constructed party hall.
Question: Shall I complaint to BBMP for this illegal construction?
Answer: Yes, as advised in my earlier post,

Problem: my family is sleepless and got serious health issues due to Noise nuisance.
Question: Which govt. authority should I approached? 
Answer: To the Noise Pollution Board if he regulation/rule has been violated,

Problem: Group of people initiated activities (one after another) which is paid in welfare society without knowing of MC and without taken care of other issue and concern.
Question: whom should I approach? 
Answer: The MC and the Police,

Problem: If I raise the voice against this regular commercial use activities which makes public nuisance, group of people are threatening me.
Question: How and where I should register my concern?
Answer: Lodge a police complaint and if police fails to act, file a Writ Petition before the High Court against police inaction,

Problem: I have send enough email and verbally spoken with MC but they ignored.
Question: What other option I have?
Answer: Lodge a complaint to the environment department under copy to the MC and police and if they do not act file the W.P. as advised earlier.
Asked 3 da
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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