• Monetary compensation for administrative negligence

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 ?
Asked 2 months ago in Civil Law from Vadodara, Gujarat
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 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
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.
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
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.


T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
5.0 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Civil Lawyers

T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0