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Ranju_9666 (Service)     07 March 2009

Advice reqd for Inconvenience caused to Residents of a Complex for holding a marriage function

Hi

I live in a Co-operative Housing Society Multistoreyed building in Kolkata. There are about 45 apartments in the complex. As per West Bengal Cooperative Societies Law, we have a board of members who are elected for one year.

Sometimes residents can avail of the basement area of the Complex for small functions subject to necessary approval from the Society. Recently the Society gave permission to one of the residents for holding his son's marriage reception. Now this turned out to be a big, grand affair and consequently caused considerable inconvenience to all other residents of the complex. Besides shifting out all our cars from the basement area onto the road, many residents who are senior citizens and some of them ailing, had to bear with this disturbance throughout the whole day. Then again, in the evening, a stage was set and singers performed for which the cacophony was annoying.

I would like to know whether a Cooperative Society can legally give out permission to hold such type of functions which are not at all small in nature. After all, this complex is not a house meant for "Marriage Receptions".  

Secondly was there any way by which we, residents could stop the Society from giving permission to hold such a function in our premises?

Even then if the Society went its way in giving permission, could we have taken help of the Law to prevent this function from being held ?

Pls advice

 



Learning

 6 Replies

N.K.Assumi (Advocate)     07 March 2009

Such gala social gatherings to the annoyance of the locality are not new in the society and it should be control. The Allahabad High Court held : where the defendant established an electric flour-mill adjacent to the plaintiff's house ina bazzar locality and the running of the mill produced such noise and the vibrations that the plaintiff and his family did not get peace and freedom from noise to folow their normal avocations during the day and did not have a quiet rest at night, held, that the running of the mill amounted to a private nuisance which should not be permitted. In a case like this it is not necessary to prove that the health of the inhabitants of the plaintiff's house has been impaired.


                You can approach the court to restrain the society to stop such nuisance or the society itself to prohibit such celebration in the Society's complex. 

AEJAZ AHMED (Legal Consultant/Lawyer)     07 March 2009

MR. ASSUMI is rightly advised, in addition to his reply  there are certain NORM to be followed while holding  any Funtion either cultural or Family Gathering.


Kindly go through this site;


https://www.wbpcb.gov.in/html/legal.shtml


Or otherwise you can file a Writ before the State High Court, against society and State Goverrnment Home Dept 

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     07 March 2009

I agree with my learned friend.

Ranju_9666 (Service)     08 March 2009

Thanks for the advice


S NL

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     10 March 2009

I do agree with my Ld. friend Md. Ahjaz,

Swami Sadashiva Brahmendra Sar (Nil)     12 March 2009

you may file injunction suit. or you may also approach to magistrate under s. 133 of cr.p.c


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