NOISY MOTOR GARAGE IN RESIDENTIAL AREA
3 years ago
Hello. There is a motor garage situated in the midst of a densly populated residential area. It is a huge disturbance for the Local residents. It has its motor generator under the open sky and It is very noisy causing a lot of mental stress and irritation. Its poisnous gases enters our rooms and may cause health hazards. Trucks and cars keep coming all through the day and night for repair works. The worker opens the tyres and rims using HUGE HAMMERS causing much noise and disturbance. They turn on their generator even during night at 12. Their motor has no silencer. It affects my studies and sleep. senior citizens face problems of hypertension and they are unable to sleep at night. Overall, EVERYONE'S MENTAL PEACE IS DISTURBED. I want to file a case. PLEASE TELL ME ALL THE SECTIONS OF INDIAN PENAL CODE WHICH I CAN MENTION IN MY APPLICATION. I WILL ALSO MENTION ALL THESE SECTIONS IN MY LETTER TO THE B.D.O AND S.D.O as there is NO MUNCIPALITY IN MY AREA
Gaurav Bhatnagar
Responded 3 years ago
In such cases of Public Nuisance, the District Magistrate or a Sub-divisional Magistrate, or any other Executive Magistrate (specially empowered in this behalf by the State Government) are empowered to take action under Section 133(1)(b) and 133(1)(ii) of the Code of Criminal Procedure (CrPC) to initiate action and issue orders to such nuisance makers. But in the event, the nuisance activity still continues then they are empowered to take further much stringent actions/punishment under CrPC+IPC.
In order to put this process into motion, 1st step is “DIAL 100” as and when he makes nuisance and register a joint Complaint with the Police along with other affected residence. The Police Officer is obligated to report such Complaint to the concern competent magistrate (SDM, DM or Ex.M as the case may be).
In the event no satisfactory result is observed within reasonable time (say 2 weeks) then take follow up from the Police AND/OR file a Joint Application to the concern Executive Magistrate/SDM having jurisdiction over that area, with a copy to DM.
Always ensure that as and when you file a Complaint, get the receiving in writing.
Hope this much action will resolve your concerns. All the best.
Regards,
Gaurav Bhatnagar
Ayantika Mondal @ Prime Legal
Responded 3 years ago
the Indian constitution has bestowed us with various rights, including right to life under article 21.everyone has the right to protect themselves with noise, pollution, harmful substances, etc.
also it is the duty of others not to spread such hazardous toxic substances in the environment and make it unfit for survival,
it is advisable to talk to the garage owner and ask him to install the silencer in the generator. if things are not fruitful, you can then send him a legal notice and further file a civil suit or a PIL.
you need to check whether the garage have the permit to install the generator or not.
The constitution of our country provides the Right to Life:- Article 21 of the Constitution guarantees life and personal liberty to all persons. It is well settled by repeated pronouncements of the Supreme Court that right to life enshrined in Article 21 is not of mere survival or existence. It guarantees a right of persons to life with human dignity. Any one who wishes to live in peace, comfort and quiet within his house has a right to prevent the noise as pollutant reaching him.
CrPC Section 133 provides that the magisterial court have been empowered to issue order to remove or abate nuisance caused by noise pollution.
since things are so disturbing, you can talk to the owner so that both of you can draw out a conclusion. if noting happens, you can send them a legal notice and later file a civil suit.
Further, Chapter IV of Indian Penal code deals with offences relating to public health, safety, decency , morals under Sections 268, 269, 270, 279, 280, 287, 288, 290 291 294. Noise pollution can be penalized with the help of above section.
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