• Regarding Ice factory in Residential Area

Hello Sir/Madam, our problem is an Ice plant that is next to our house in residential area.. All neighbours are suffering from it.. Ammonia leakage risk,  noise pollution, commercial vehicles running around round the clock,  disposal of its salt water caused burning of plants are some issues. .. We have given applications to local mucilpal authority,  Pollution Control Board,  Industrial Safety and Health,  Collector Office...
Our Question for all you experts is that Can such factory run in residential area?? Is there any residential are law by which we can compel him to shift the plant? ?  
Thank You
Asked 2 years ago in Civil Law from Uran Islampur, Maharashtra
Dear Client,In that case you should move an Application as per section 133 of Cr.P..C Conditional order for removal of nuisance in front of S.D.M. and if you need more clarification or help then contact us .
Advocate Anurag Bhatt
Allahabad High Court
Anurag Bhatt
Advocate, Allahabad
83 Answers
1 Consultations
3.7 on 5.0
1) file an RTi application to find out whether permission was granted by muncipal corporation to construct ice factory in residential area . 

2) RTi application to state pollution board, collector office  as to what action has been taken on your complaints . 

3) file writ petition in high court for closure of ice factory on account of problems being faced by residents in its vicinity .
Ajay Sethi
Advocate, Mumbai
23325 Answers
1220 Consultations
5.0 on 5.0
The residents must give a petition by writ or by PIL in the high court alleging that the above factory is running without requisite approvals under section 21 of the Air (Prevention and Control of Pollution) Act, 1981 and Section 25 of the Water (Prevention and Control of Pollution) Act, 19874, which are compulsory to run this type of Industry.give a complaint to pollution control board human rights and give a complaint to RDO  or district magistrate under section 144 CRPC and to the panchayat against the factory.only small scale industries are permitted in residential areas.file a civil suit for noise pollution and criminal case for noise pollution .
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Hi, you have to file writ petition before the high court to shift the above factory from the residential premises and so also filed RTI application under what basis local authority has given permission to run the factory and so also filed RTI application to the pollution Control Board.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Dear Querist 
The main question is that the ice plant was construct after the declaration of residential area or before that. If after that then file an application cum complaint to SDM OR DM under section 133 of crpc. 
You may file a rti application before all department where you have filled the complaint regarding the status of your complaint.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Hello,First of all you need to pursue the complaints you have preferred before We have given applications to local municipal authority,  Pollution Control Board,  Industrial Safety and Health,  Collector's Office etc.

If they are evasive as the matter is of a very serious nature and a huge health hazard do file a RTI petition o know about the status of the complaints and if any action is being taken..

If you find that the authorities are not taking appropriate steps to shut the factory or get it relocated you can certainly move the court under section 13 of CrPC.This is a provision to get a public nuisance removed.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. File an RTI application before the local Municipality asking for the information whether it has sanctioned such setting up of ICE factory in rsidential area or not. If yes, then copy of the sanction,

2. File similar vRTI application before the Pollution Control board asking for the information whether it has sanctioned such setting up of ICE factory in rsidential area or not. If yes, then copy of the sanction,If no, then what action they have taken after receiving your complaint,

3. If after taking the above steps, file a Writ Petition against inaction of the municipality and the Pollution Control Board.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
5.0 on 5.0
1. Firstly move a RTI application to the municipal corporation seeking information as to whether the municipality has sanctioned the setting up of ice factory. Also seek a copy of the sanction order, if any.

2. Also file a RTI to Pollution Board as to the status of complaints given by you.

3. If there is no reply from the above two institutions or the reply is at a variance from the ground reality then move to High Court and seek action against the ice factory.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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