Noise pollution


Dear sir,

Indian Constitution has provided thr right  to every citizen to live a peaceful life in any part of the country. This means that the citizen has right to protest if the noise levelin a peaceful residential area is out of limits. The noise pollution regulation 2000 talks about the sameand prescribes punishment for violation of the rule. But there are some ommissions in these regulations. It does not talk about prople shouting in public places  close to the residential area. The situations where so called educated shout to their brim and create such a lot of vocal noise while playing shuttle cork and other games, that it becomes unbeareble to youngsters itself leave alone the plight of the senior citizens in the area. This creates mental health problems leading to physical helath anomolies. Students in the area cannot study during the period. There  are hospitals and clinics in the area making the area a silent zone. Police are eitherhelpless or not helping the residents. Under the circumstances can any one help us by suggesting us what can the residents do to helpthemselves?.

 

Thanks

Seshadri

 
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practicing advocate

File a suit for permanent injunction against the school authority.

 
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Advocate

I dont think this problem can be solved easily, as there are already Schools and colleges in residential area without proper regulations for such establishment. 

 
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Thanks for your mr Raju. unfortunetly the space in question belongs to Health andfamily welfare department Govt of Karnataka and is an orphen from the point of view of maintenance. Its not the school children but educated individuals who are lawyers and engineers who shout. We have requested them to play silently but they say that they are only playing in a public place and its thier right to do so.

 
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ADVOCATE

Dear Seshadri,

You can prosecute him under section 268 of I.P.C. for Public Nuisance.

 
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Lawyer/Advocate

I agreed with experts.
 
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Advocate/ nadeemqureshi1@gmail.com

Dear Seshadri

You can filed an application U/S 133 Crpc

133. Conditional order for removal of nuisance.

 

(1) Whenever a District Magistrate or Sub-Divisional Magistrate or any other Executive Magistrate specially powered in this behalf the State Government on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, consider --

 

(a) That any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel, which is or may be lawfully used by the public: or

 

(b) That the conduct of any trade or occupation or the keeping of any goods or merchandise; is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such, goods or merchandise should be removed or the keeping thereof regulated; or

 

(c) That the construction of any building, or the disposal of any substance, as is likely to occasion conflagration or explosion, should be prevented or stopped; or

 

(d) That any building tent or structure, or any tree is in such a condition that it is likely to fill and thereby cause injury to persons living or carrying on business in the neighborhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary: or

 

(e) That any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public: or

 

(f) That any dangerous animal should be destroyed, confined or otherwise disposed of,

 

Such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, talk well or excavation, or owning or possessing such animal or tree, within time to be fixed in the order-

 

(i) To remove such obstruction or nuisance; or

 

(ii) To desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or

 

(iii) To prevent or stop the construction of such building, or to alter the disposal of such substance; or

 

(iv) To remove, repair or support such building, tent or structure, or to remove or support such trees; or

 

(v) To fence such tank, well or excavation; or

 

(vi) To destroy, confine or dispose of such dangerous animal in the manner provided in the said order;

 

or, if he objects so to do, to appear before himself or some other Executive Magistrate Subordinate to him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be made absolute.

 

(2) No order duly made by a Magistrate under this section shall be called in question in any civil court.

 

Explanation. A "public place" includes also property belonging to the state, camping grounds and grounds left unoccupied for sanitary or recreative purposes.

 
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Advocate/ nadeemqureshi1@gmail.com

and also in

Indian Penal Code (IPC)

 

Section 268. Public nuisance

 

A person is guilty of a public nuisance who does not act or is guilty of an illegal omission which 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, obstruction, danger or annoyance to persons who may have occasion to use any public right.

 

A common nuisance is not excused on the ground that it causes some convenience or advantage.

 
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Offences like Criminal Intimidation, Public Nuisance, Criminal Defamation are taken very lightly by Indian Courts.

 
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I thank every one for your kind respnses on this subject.  I understnd that there are no effective laws in our legal system to tackle the some of the day to day issues faced by the citizens such as nuisance un like in western and european countries and  bigger issues like corruption in the governament. I feel all the good people in all fields come together and especially lawyers come to the rescue of the common man it will be very difficult for ordinary citizens to leave peacefully. I thank you all.

with Regards

Seshadri

 
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