Placement of dg set overlooking my balcony


Hello All,

I live in Bangalore. I have been staying at my self-owned apartment for over 6 years now. I stay inthe ground floor of my apartment block.

A private luxury row houses is being constructed overlooking my apartment block. Infact my balconys open to these buildings. For the last 3+ years contruction is on. We have been subjected to heavy noise and dust polluton all this while but we have not complained about it too much hoping that this would end soon.

However recently (about a month ago), the builder (a reputed builder in bangalore) has placed a 250KVA DG set bang opposite my apartment. So all the balconys of my flat overlook this. This includes my living room, kitchen and children's balcony. This DG set is hardly about 20-25 feet away. The problem is, the DG set is placed in such a way that there is no provision for any wall around it. The supervisor tells me that the it has acoustic enclosure and this is good enough. But i strongly believe that 250KV DG set is bound to give out a lot of noise and i will be directly impacted by this. Further they refuse to move this or do anything to reduce the noise pollution saying that it wont create too much noise.

None of the row houses are directly impacted by this DG set. Only my apartment and a couple of apartments above mine will be directly impacted. I strongly feel that the builder has blatantly violated all rules in establishing this area for the Genset.

I would like to ask the esteemed members here as to what are my recourse for action. Is there any special court who i can approach or civic bodies whom I can contact to plead my case.

 

Thanks for your time.

Sandeep

 
Reply   
 

Sir,

The kind of right you are talking about, is referred to as Right of Easement over property, in case that you are not able to enjoy your property peacefully you can file a suit against the infringer of the right to peacuful possession. Meaning, you have a right to enjoy your proprty peacefully, but if any person is obstructing your right to enjoy your property, you can either claim damages or ask for an injunction from a civil court. Further, a DG set is not a device that needs to be placed at a particular place so you can request him to change the location of the DG set. 

Also, if you can provide me with the details of the DG set, like make-model, I can provide you with the level of noise emmited by the DG Set and whether the same will be considered by a court to be an obstruction.

In the meantime, you can also serve the builder with a legal notice explaining to him you concern in detail and further, informing him that in case he does not remove or reposition the DG set, within a prescribed time, you will take legal action against him.

You can also contact CREDAI (it is a builders association which includes all major constrcution companies and builders in the country), which may listen to your concern and direct the builder to re-position the DG set, provided your builder is registered with it.

For any other information, please feel free to contact me.

 

Regards,

Alkesh Agrawal

alkesh.ils@gmail.com

09099040835.

 
Reply   
 



Dear Mr. Agrawal,


Thanks for your reply. Your answer was very useful.

I wasnt able to reply earlier as I was travelling.

The DG set is a GreavesPower (Greaves Cotton ltd) 160/128 (kVA/kW) part of the "D" series water cooled engine models. The model number is TBD2V6-I.

I appreciate your taking the effort to help me out here. I hope the information provided is sufficient. I would be glad to give you any other information if required.

It would be really helpful to know what the noise limits for this particular DG set is and whether its worth pursuing this matter in the courts.

 

best regards,

Sandeep

 
Reply   
 
Advocate&consultant

Dear Sandeep,

Pls give a complaint to the pollution control board, asking them to take action against that person who have installed the generator, on the noice pollution and also to the police complaint on the ground of harrassment, saying that on this ground you and your family are facing noice harrassment and mental torture.You problem will be solved immediately.

Ewgards,srishaila,bangalore,sdharani120@gmail.com,9741425514

 
Reply   
 

I think you have to complaint it in corporation about this dg set. They will take the action.
 
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