Sound pollution by neighbour flat renovation in case of senior citizens Sound pollution by neighbour flat renovation in case of senior citizens

2 months ago

My above flat owner is renovating his flat from last few months and creating unbearable noise during day time where in me a senior citizen and my aging mother 82 years suffering mental Truman. Is there any help I can get through legal system?

Anik

Responded 1 month ago

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A.Dear Client,

If the court passes an order disposing of the case and awards no relief, your will bequeathing your share in the ancestral property becomes ineffective and unenforceable under the law. In such a situation, it is advisable to wait for the court decree before taking any further action or making decisions regarding the distribution of ancestral property. The court's decree will determine the legal status and rights of the parties involved, and it is important to follow the legal process and respect the court's decision.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 month ago

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A.Dear Client,

In a community living within a gated society, occasional noise from co-owners of flats is often compromised for peaceful coexistence. However, if such noise or nuisance becomes unbearable, particularly for senior citizens, you have several courses of action:

1. Society Notification: Bring the matter to the notice of the society for necessary action. The society may have rules and regulations in place to address such issues.

2. Registrar of Cooperative Societies and Pollution Control Board: If the society's intervention doesn't yield results, you can escalate the matter by informing the Registrar of Cooperative Societies and the state pollution control board for potential resolution.

3. Legal Notice: After serving a legal notice to the concerned flat owner, you can take further legal action. This could involve filing a private complaint against the individual in the court of the Magistrate under Section 200 of the Criminal Procedure Code (Cr PC).

4. Public Nuisance Suit: Alternatively, you may file a suit for public nuisance under Section 268 of the Indian Penal Code (IPC) if the noise or nuisance is affecting a considerable number of people in the locality.

It's advisable to follow a step-by-step approach, starting with communication within the society and escalating the matter to higher authorities if needed. Seeking legal advice can help guide you through the specific steps required in your situation.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
In a community living in a gated society, this kind of noise from co-owners of the flats is usually compromised for peaceful co-existence. However, in case such noise or nuisance becomes unbearable, especially to Sr. Citizen, then you may bring the matter to the notice of the society for necessary action. In case your approach to society yields no results, you may inform the matter to the Registrar of the Cooperative societies and the state pollution control board for a resolution. Apart, after serving a legal notice, you can file a private complaint against the concerned flat owner in the court of the Magistrate under Sec.200 Cr PC or can file a suit public nuisance under Sec268 of IPC. If required, reach out to an Advocate for guidance and steps.
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