There is an unregulated meat shop operating next to my residence for more than 10 years. We are mentally tortured due to foul smell & meat chopping noise. Me and my family members suffer from Vitamin-D deficiency since we can’t sit out in Sun and sunbath because of the repulsive stink. We have to keep our windows and doors closed to reduce the effects of the stink and noise. We even have to restrict our moments in the outer areas of the house. The vehicle parking issues & nuisance of street dogs adds to the suffering as they are lured towards this shop & loiter around the area. During nights the dogs chase & attack the vehicles passing by the road, many times there have been citizen casualties. Living in such stressful environment has caused high blood pressure, asthma, cancer in my family. Fact:- As mentioned in Food Safety and Standards (Licensing and Registration of Food businesses) regulation, 2011. PART IV - Specific Hygienic and Sanitary Practices to be followed by Food Business Operators engaged in manufacture, processing, storing and selling of Meat and Meat Products. It is clearly mentioned and I quote, "The premises shall not be used for residential purposes nor it shall communicate with any residential quarter." My query:- Based on our suffering this meat shop owner has earned crores of rupees, so if I go to court how much monetary compensation can I expect ?
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1) have you lodged complaint with muncipal corporation regarding meat shop in residential area ?
2) if no action taken on your complaint file RTI application as to action taken on your complaint
3) you can file suit for damages against meat shop owner fir starting shop on residential area and claim one crore as damages
4) court woukd determine amount payable to you as damages
I have registered a case with State Human Rights Commission against the Municipal Commissioner for permitting such a meat shop to operate in a residential for more than 10 years and forcing us to live in a reprehensible environment. When the human rights commission asked the commissioner to submit the report regarding this case, he simply said everything was going on as per the rules and regulations. Now, when I informed the human rights commission about the FSSAI rules and regulations, they have again asked the municipal commissioner to submit a report on the same in 1 months time. I have following queries:- How does the court determine the amount payable ? What mechanism is used by the court to derive an amount ? Based on our suffering, the meat shop owner has made approx. 6 crore rupees as per my estimates. Hence, I was thinking for demanding a monetary compensation of 20 crore rupees ? Do you agree ? If not why ? What should be the compensatory amount in your opinion ? What should be my next action plan ? Please advise. Thanks !
The law of damages in India is still in infancy unlike west where exemplary damages are awarded which have a deterrent value. You can claim damages but it will not be in accordance with European or American standards. The damages may be a few lakhs, not more than that. The better remedy is to seek injunction against the owner of the shop to discontinue his business in the premises.
Well, no case for compensation lies in your case.
First determine whether the shop is running fluting Municipal Rules. if that is so then your personal difficulty is of no consequence.
If it is indeed not proper as per local Municipal Rules then file a writ petition in high court to stop this.
Do note that due to your personal reprehension you can stop a person earning his livelihood unless health hazards for larger public is involved.
No court in India would award you RS 20 crores as damages
2) I have told you it should be around a crore for mental tortute undergone by you for 10 years
3) you can file writ petition in HC against muncipal corporation refusal to take action against meat shop in residential area
My query:-
Based on our suffering this meat shop owner has earned crores of rupees, so if I go to court how much monetary compensation can I expect ?
First of all your query itself is wrong.
The shopkeeper did not earn out of yor sufferings.
He has earned whatever out of his business.
You cannot claim compensation out of his business earnings, it will appear as if you are seeking profit sharing.
You can verify that if the shopkeeper has obtained permission and licence to run this shop in the residential area and whether the neighbors also have similar problem to that of yours, whether there was any complaint about the nuisance alleged by you against the shopkeeper with the local civic body or any other authority.
Whether yo have move any complaint with any authority in the past 10 years and what was the result of your complaint?
Whether the food safety rules are applicable to this shop?
Whether you are any neighbor have made representation before municipal authorities for the dog menace?
Thus you move step by step by following the legal procedures in this regard and afterwards you can approach court with an injunction suit as a last resort.
I have following queries:-
How does the court determine the amount payable ? What mechanism is used by the court to derive an amount ?
From this question it appears that you are interested only to earn money in the form of compensation from the butcher out of his business earnings and not concentrating on the reported problem that you have posted here.
Well, for your information the court will not automatically calculate any compensation, it may intervene when you submit your own calculations for compensation which you have worked out and presented before court, that too after hearing or getting the reply from the other side also
Based on our suffering, the meat shop owner has made approx. 6 crore rupees as per my estimates.
Hence, I was thinking for demanding a monetary compensation of 20 crore rupees ? Do you agree ? If not why ?
You can claim any mount as compensation, you have right to speech. You have to give justification for your such claim. If the local civic authorities have given a detailed reply that no rules have been flouted or the shop is running following all necessary rules, you may not get even a single pie, henc see what it is worth.
What should be the compensatory amount in your opinion ?
Nothing., no comments.
What should be my next action plan ?
You pursue the legal action through all the legal authorities until you succeed to achieve your ambition.