nurestaurant in residential area

Rupali (Querist) 30 August 2015 This query is : Resolved
Hello, I live in Pune. There is a shopping complex in the front side of our society. A couple of restaurants were running in the complex a few months ago. They had installed exhaust fans in the kitchens facing our society campus. We suffered a lot because of the strong odour. Our society complained about it to the shopping complex society but they didn't take any action. We lodged a complaint in PMC. PMC forwarded it to the FD department to cancel their licenses. The whole process took around five months and in meanwhile the restaurants were closed down. Now after a couple of months a new restaurant is started there. We are again suffering from their kitchen fumes.
I would like to know if anything can be done to enforce the restaurant/shop owner to make proper arrangement to channelize the kitchen fumes? And to make sure residents are not suffered because of it.
We can again approach PMC but then we don't want to repeat it for every new restaurant coming up there. Need a permanent solution. Can our society do something to make sure no hotels are opened in the complex or at least kitchen exhaust fans are not installed.

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Sudhir Kumar, Advocate (Expert) 30 August 2015
File writ mandamus in High Court against PMC and FD deptt on the inaction on the earlier complaint so that a proper direction could be sought for all times to come.

also it is a case of public nuisance and there is a simpler way. You can give application to SDM for seeking directions u/s 133 of Cr PC for abatement of public nuisance.

Sudhir Kumar, Advocate (Expert) 30 August 2015
repeated
http://www.lawyersclubindia.com/experts/restaurant-in-residential-area-557021.asp#.VeJvkH2N7ww