Illegal temple construction in society premises & loud speaker nuisance
2 years ago
I am suffering from loud speaker nuisance with devotional songs & aarti at illegaly constructed temple located adjutant to my flat on first floor
Background: One of the young jobless society member came with an idea to build temple & conducted survey for temple construction. I have denied during survey but since majority were ok he has gone ahead and constructed the temple. Now he is doing daily pooja & putting devotional songs on loud speaker with loud noise so that it can reach till his flat at floor 6 on opposite wing of the 8 floor building. This all loud comes in my flat through 4 windows & door located on the same side of temple. I have requested him & other related folks but request is getting dishonored with feedback that it is only for 30 min and please adjust. Now this year he has become the society chairman using influence.
Please advise
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
You can file a criminal trespass complaint against your wife and in-laws. According to Section 441 of the Indian Penal Code, anyone who enters another's property with the intent to commit an offence or to intimidate, insult, or annoy any person in possession of such property, or who has lawfully entered such property but remains there with the intent to intimidate, insult, or annoy any person in possession of such property, is guilty. Charge your wife with stealing as well. If the court has made an unfavourable decision, you can appeal to the higher court.
Thank you. Kindly rate the answer.
You can file a criminal trespass complaint against your wife and in-laws. According to Section 441 of the Indian Penal Code, anyone who enters another's property with the intent to commit an offence or to intimidate, insult, or annoy any person in possession of such property, or who has lawfully entered such property but remains there with the intent to intimidate, insult, or annoy any person in possession of such property, is guilty. Charge your wife with stealing as well. If the court has made an unfavourable decision, you can appeal to the higher court.
Thank you. Kindly rate the answer.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
In this case, you may be able to use the nuisance clause of the law. A person who commits any act or commits any illegal omission that causes any common injury, danger, or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, is guilty of a public nuisance, according to section 268 of the Indian Penal Code.
Thank you very much.
In this case, you may be able to use the nuisance clause of the law. A person who commits any act or commits any illegal omission that causes any common injury, danger, or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, is guilty of a public nuisance, according to section 268 of the Indian Penal Code.
Thank you very much.
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A.Hi,
You can seek the legal provision of nuisance in this circumstance. As per section 268 of the Indian Penal Code, a person is guilty of a public nuisance who does any act or is guilty of an illegal omission that causes any common injury, danger, or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury.
Thank you.
You can seek the legal provision of nuisance in this circumstance. As per section 268 of the Indian Penal Code, a person is guilty of a public nuisance who does any act or is guilty of an illegal omission that causes any common injury, danger, or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury.
Thank you.
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Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.Raise this issue in AGM/GBM.
1st floor to 6th floor is highly not possible.
By this, others also should be getting lot of noise and wont be able to talk on phone and watch television during that time.
You can file police complaint for Nuisance.
1st floor to 6th floor is highly not possible.
By this, others also should be getting lot of noise and wont be able to talk on phone and watch television during that time.
You can file police complaint for Nuisance.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Section 2(a) of the Air (Prevention and Control of Pollution) Act, 1981,as amended up to date includes noise in the definition of 'air pollutant'.
As per Rule 4 of the Noise Pollution (Regulation and Control) Rules, 2000,a loud speaker or a public address system shall not be used except after obtaining written permission from the authority and the same shall not be used at night i.e. between 10.00p.m. and 6.00 a.m. The noise level at the boundary of the public place, where loudspeaker or public address
system or any other noise source is being used shall not exceed 10 dB (A) above the ambient noise standards for the area or 75 dB (A) whichever is lower;
A person found violating the provisions as to the maximum noise permissible in any particular area shall be liable to be punished for it as per the provisions of these rules and any other law in force.
Noise pollution amounts to public nuisance . Under the Indian Penal Code,1860,as amended up to date, Noise pollution can be dealt under Sections 268, 290 and 291 of the Indian Penal Code, as a public nuisance. Under Section 268 of this Code, it is mentioned that 'A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.'
Under Section 133 of the Code of Criminal Procedure, 1973,as amended up to date, the Magistrate has the power to make conditional order requiring the person causing nuisance to remove such nuisance.
You can complain to the nearest police station, call 100 or file an online complaint with your State’s police complaint portal to prevent that noise pollution. The officer in charge of the police station, police commissioner or any officer (not below the rank of Deputy Superintendent of Police) can take action by: Seizing equipment, Stopping the use of a microphone or loudspeaker, etc, Going to the Pollution Control Board and getting a written order prohibiting the noise.
You can pray before the Court of the District Magistrate for Temporary order of injunction to stop the loudspeaker noise,for Order to remove the noise or regulate it,for Permanent order to remove the noise pollutant and stop the noise.
You can also file an application in online before the National Green Tribunal seeking compensation for environmental damage as the sound pollution amounts to air pollution.
As per Rule 4 of the Noise Pollution (Regulation and Control) Rules, 2000,a loud speaker or a public address system shall not be used except after obtaining written permission from the authority and the same shall not be used at night i.e. between 10.00p.m. and 6.00 a.m. The noise level at the boundary of the public place, where loudspeaker or public address
system or any other noise source is being used shall not exceed 10 dB (A) above the ambient noise standards for the area or 75 dB (A) whichever is lower;
A person found violating the provisions as to the maximum noise permissible in any particular area shall be liable to be punished for it as per the provisions of these rules and any other law in force.
Noise pollution amounts to public nuisance . Under the Indian Penal Code,1860,as amended up to date, Noise pollution can be dealt under Sections 268, 290 and 291 of the Indian Penal Code, as a public nuisance. Under Section 268 of this Code, it is mentioned that 'A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.'
Under Section 133 of the Code of Criminal Procedure, 1973,as amended up to date, the Magistrate has the power to make conditional order requiring the person causing nuisance to remove such nuisance.
You can complain to the nearest police station, call 100 or file an online complaint with your State’s police complaint portal to prevent that noise pollution. The officer in charge of the police station, police commissioner or any officer (not below the rank of Deputy Superintendent of Police) can take action by: Seizing equipment, Stopping the use of a microphone or loudspeaker, etc, Going to the Pollution Control Board and getting a written order prohibiting the noise.
You can pray before the Court of the District Magistrate for Temporary order of injunction to stop the loudspeaker noise,for Order to remove the noise or regulate it,for Permanent order to remove the noise pollutant and stop the noise.
You can also file an application in online before the National Green Tribunal seeking compensation for environmental damage as the sound pollution amounts to air pollution.
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