Flour mill intolerable vibrations

Querist : Anonymous (Querist) 29 May 2020 This query is : Resolved
Greetings to all Experts and readers,
I live in a row house, next to me lives my uncle with whom we share a common wall.
about 3 years back my uncle set up a flour mill next to my wall which causes nuisance and intolerable vibrations like we cannot sit on the floor even feels vibrations on sofas (our RCC G+1 structure is not designed for vibration loads)
The problem is the property belongs to my late grandfather but the legal owner of the house is my another uncle (not the one to live next to me, the third one, who is not ready to help), My grandfather properties are yet to be distributed.
My uncle who setup the flour mill took NOC with all the other neighbors and installed the flour mill like a secret operation, we only came to know when they started the mill.
we have electricity bill of our house in my name as a resident proof.
can we do something to get out of the pain, your value addition would be greatly appreciated
I kept the post anonymous for a reason, as legal experts I hope you guys will understand.

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SHIRISH PAWAR, 7738990900 (Expert) 29 May 2020
Hi,

You can file complaint to Municipal corporation or village office against the nuisance and pollution caused to you due to floor mill.

Regards,

Raj Kumar Makkad (Expert) 29 May 2020
No commercial or industrial activity can be permitted in the residential area. Even if your uncle has obtained NOC from all other neighbours yet the same do not change the law.

You need to make a complaint under section 133 of Criminal Procedure Code before the local SDM either through a lawyer or directly. This is nuisance activity which can definitely be removed if you make some efforts.

Querist : Anonymous (Querist) 29 May 2020
Thanks, Mr. Raj Kumar for taking some time out and giving valuable input.
But I think flour mill (atta chakki) is usually allowed in residential areas.
Although I will look into section 133 of the Criminal Procedure code.
Thanks Again

K Rajasekharan (Expert) 29 May 2020
The problem seems to be that the industrial unit is causing unbearable, high decibel sound making your living at home difficult.

You have two more options, other than approaching the executive magistrate under criminal procedure code as advised by another expert, for getting relief.

One is to approach the licensing authority, probably municipality/ local government, for cancellation of the license of the unit which causes noise pollution by using motor or grinder. The unit owner has obtained NOC of any neighbors is of no consequence at all, as it is not a sound justification for violating the prescribed standards of noise level.

Yet another possibility is to approach the Deputy Superintendent of Police of your area to obtain appropriate orders in controlling noise pollution in accordance with standards prescribed by noise pollution control rules. District Police Chief and District Collector can also take measures to control noise pollution.

To know more about how to deal with noise pollution and learn about the legal framework concerning it including the important judgements on the topic, kindly see my article available at http://lawwatch.in/2020/04/02/noise%20pollution/

Querist : Anonymous (Querist) 29 May 2020
Thanks, Mr. Rajasekharan for your value addition and sharing your wonderful article.

Raj Kumar Makkad (Expert) 29 May 2020
Even if chakki is allowed in the residential area but not nuisance beyond a limit. As you are sufferer of that unbearable nuisance along-with loss to the building structure, you have every legal right to take help of law.

Rajendra K Goyal (Expert) 29 May 2020
You can approach Municipality for cancelling the license due to public nuisance.
Lodge complaint with the Public Health department against the Chakki as it is causing pollution and nuisance.
May approach SDM against the Chakki causing public nuisance.
Police Complaint can be lodged in case of need.

P. Venu (Expert) 30 May 2020
This is a repeated query. As already suggested there no cause of action. As already suggested, such a chakki which provides the atta for the daily roti need not be source of pain, but an assurance and convenience.

Raj Kumar Makkad (Expert) 30 May 2020
Problem can never be from Chakki but from its location. Everyone knows that Ram Naam Satye Hai but its use is confined to a specific situation so if anyone is offended from the nuisance, there is legal remedy to eradicate from the problem.

Rajendra K Goyal (Expert) 30 May 2020
Can take a certificate from environment department , vibration certificate from mechanical department amounting to nuisance and try to get a stay on operation of atta chakki from court.

Querist : Anonymous (Querist) 30 May 2020
Thanks, Mr. Raj and Mr. Rajendra for your support, I really appreciate.
Mr. Venu thanks for your comment, But try living in a house full of vibrations and nuisance, everyone realizes that the flour mill is for the convenience of the local community, I also eat roti every day I know the importance of having flour mill in the locality, but not in lieu of irritating someone. we already have 2 more flour mills in the range of 100 m.

Rajendra K Goyal (Expert) 30 May 2020
You are welcome Mr. Author.

Raj Kumar Makkad (Expert) 30 May 2020
I do appreciate the true sense of commitment of the author.

P. Venu (Expert) 31 May 2020
The author has not denied that this issue was posted earlier, but with slightly different facts. The alleged vibration caused by the chakki is just a ruse to set or settle deeper family issues.

Raj Kumar Makkad (Expert) 31 May 2020
We are concerned only with the facts told by the querist here and we never can never go beyond the limitatons. Family dispute may be one of the reasons to rase voice but the issue here is untolerable pollution and law has remedy for the redressal of that problem. So nothing more is required to be added.

Rajendra K Goyal (Expert) 31 May 2020
Query with different facts by same author were posted on this site before also, nothing seem to be irregular in it .

Revenge can be taken by other avenues in family disputes, this may be such, but facts does not reveal such situation.

Rajendra K Goyal (Expert) 31 May 2020
Agree with the expert Raj Kumar Makkad ji with his latest post.

P. Venu (Expert) 31 May 2020
Bereft of commonsense, expertise itself is inchoate . It is elementary that working of an ordinary chakki cannot be intolerable and/or unbearable as it is made out. Such an assertion amount to hyperbole, much less a fact.

Querist : Anonymous (Querist) 31 May 2020
Mr. Venu in your previous comment you said: "This a is repeated query" which does not mean from the same author, The very reason of posting the query is that I saw the similar post on this website, but I am having a slightly different case in terms of ownership of property.
Moreover, I just created the account a while before posting this query. I have never posted any query on any website before.
There is no family issue and we hold a healthy relationship with my uncle, we had confronted my uncle many times before in a constructive manner to solve the issue, there is no sense of revenge in any sense. They are not realizing the gravity of the situations so I just wanted to know my rights before confronting him again after the lockdown.

Querist : Anonymous (Querist) 31 May 2020
Mr. Venu with all due respect, all your common sense, and logic is wrong, I am not sure why are you so sympathetic with the flour mill owners, do you also have one?
My advice to you is that your silence would be more helpful than being judgemental, Let other experts decide what is hyperbole and what is genuine.

Querist : Anonymous (Querist) 31 May 2020
An ordinary chakki, can never be a problem unless it is installed 2 feet away from your column. RCC houses should be designed for vibrating forces before construction which is not the case. The very reason industrial structures are different from the common RCC residential structures.

Rajendra K Goyal (Expert) 31 May 2020
Dear Author,
Expert P. Venu ji is very senior expert and is well known for his capability to analyze the situation from all corners. If any advice from any of the reply from any expert does not appeal you please ignore rather to post such comments. Advice is provided here voluntarily without any gain by sparing valuable time and energy.
Previously also, some of our learned and knowledgeable experts stopped giving advice, due to unpleasant remarks on them.

Sudhir Kumar, Advocate (Expert) 01 June 2020
since you are the reigistered consumer of electricity as stated by you, action can be taken against you by electricity deptt for misuse of domestic connection.

In such cases they may levy commercial charges on entire load since connection with penalty and court may not grant hear bail plea after deposit of 50%. The amount due may (or may not be) more than cost of property.

So forget vibration take action immediately.

Rajendra K Goyal (Expert) 01 June 2020
The author is not using domestic connection for commercial purpose. He wants to act against Atta Chakki of his uncle operating in adjacent house. If his uncle is using domestic connection for commercial purpose, he can be penalized for it.
For this the author has to take help of various Government Departments by lodging complaints or try to get a stay from court.

Raj Kumar Makkad (Expert) 01 June 2020
@Mr. Sudhir! The author is sufferer of the connection holder you told hence he can definitely this as one of the grounds for the removal of such chakki causing danger to not only his physical and mental health but also to his adjoining building structure.

Raj Kumar Makkad (Expert) 01 June 2020
Showing excess 'expertise' sometimes invite the comments of the author so better to confine only up to providing the legal solution to the authors instead of assuming and presuming their personal imaginary issues.

P. Venu (Expert) 01 June 2020
Mediocrity and expertise cannot go hand in hand. And instigating authors inheres no expertise at all!

Raj Kumar Makkad (Expert) 01 June 2020
Everyone is responsible for his own words. Neither anyone can instigate or can anyone be instigated. It depends upon us to maintain decorum. Authors may not be law graduates (but who knows that author is a lawyer or not as maximum do not disclose their identity) but everybody has his own respect and none under the garb of the word Expert here should forget to give and take the respect to and from others.

P. Venu (Expert) 02 June 2020
The noble motto of this forum, as well as advocacy, is to assist the one who is real trouble to protect his rights. There is nobility in provide means to trouble or injure others those who are making a honest living.

Raj Kumar Makkad (Expert) 02 June 2020
If a needy person comes to a lawyer/expert for eradication of his lawful problem, the lawyer is duty bound under the provisions of Advocates Act, 1961 to perform his lawful duty to assist him legally and this is only advocacy.

P. Venu (Expert) 02 June 2020
Greed and need are not synonymous terms. Pursuit of greed leads to frivolous litigation based on senseless and ill-considered claims. In this context, the decision of the Hon'ble High Court of Delhi in HS Bedi vs. National Highway Authority of India (RFA 784/2010 Date of Decision : 22nd January, 2016) repays study. Succinct are the observation of the Hon'ble Supreme Court quoted at the opening para of the said Judgment:

“191. The Indian judicial system is grossly afflicted, with frivolous litigation. Ways and means need to be evolved, to deter litigants from their compulsive obsession, towards senseless and ill-considered claims. One needs to keep in mind, that in the process of litigation, there is an innocent sufferer on the other side, of every irresponsible and senseless claim. He suffers long drawn anxious periods of nervousness and restlessness, whilst the litigation is pending, without any fault on his part. He pays for the litigation, from out of his savings (or out of his borrowings), worrying that the other side may trick him into defeat, for no fault of his. He spends invaluable time briefing counsel and preparing them for his claim. Time which he should have spent at work, or with his family, is lost, for no fault of his. Should a litigant not be compensated for, what he has lost, for no fault?... xxx xxx xxx 194. Does the concerned litigant realize, that the litigant on the other side has had to defend himself, from Court to Court, and has had to incur expenses towards such defence? And there are some litigants who continue to pursue senseless and ill-considered claims, to somehow or the other, defeat the process of law ................."

Rajendra K Goyal (Expert) 02 June 2020
The author has grounds to proceed against the Atta Chakki in the given situation.

Sudhir Kumar, Advocate (Expert) 02 June 2020
True.

He has grounds to remove atta ckakki

tru it is his uncle who is using the electricity for commercial purpose

But that is also true as he told that he is the registered connection holder. Therefore all electricity related offences will be registered on him only even if his uncle is getting benefited out of the chakki and even if he himself is the suffered.