Noise pollution from marriage hall next to my house
For the last 10 years, a marriage hall is operating next to my house. They have an open space with tin-shed right next to the boundary wall of my house. All kinds of parties and functions are being held in that open space. They hold orchestra parties with very very loud music,business conferences with use of public address system. Marriages are also held in this space with usual band party playing sometimes till beyond midnight.
I had complained to the State Pollution Control Board a few years back, but they have not taken any action whatsoever. Late at night, sometimes we call the police. Sometimes they come and the music stops,but next day it is business as usual.
In the open space I have mentioned above, hundreds of people sit and gossip and this makes a big noise even without any music.
This marriage hall was initially a restaurant.The owner had taken a no-objection certificate from my grandmother around 25 years ago before opening the restaurant,but he had never mentioned any plans for converting it into a marriage hall.
What legal recourse do I have? Can I claim damages?
Asked in Civil Law from Agartala, Tripura
File a Writ petition in High Court to party added Municipality/Panchayat and Pollution Control Board.
1) file police complaint against marriage hall for playing music loudly and contrary to noise pollution control norms
2) if police does not take any action you can file complaint before magistrate and seek orders under section 133 of IPC for removal of the nuisance
3) you can also file writ petition in HC to direct authorities to take action against the marriage hall for playing music loudly and contrary to noise pollution control norms
1. Further lodge complaint to Pollution control Board and the police asking them to take immediate remedial action,
2. If they fail to act within 15 days, file a W.P. before the High Court against police and govt.inaction praying for justice including damages.
This is a public nuisance objectionable, intolerable and deserved to be condemned.
If repeated requests failed to yield any response or even police action is ineffective, you may make a complaint with the judicial magistrate court a private complaint seeking direction to local police to investigate and initiate necessary action against the party hall owner and manager, if need be to register FIR and remand them.
You may also move a writ before high court by impleading the local body as well as the pollution control board seeking necessary action and relief.
The legal recourse which you have is to seek injunction from the court against the owner of the marriage hall to restrain him from causing noise pollution. You can also claim damages. Issue a lawyer's notice before going to court.