Noise Pollution
Ajit Kolhatkar
(Querist) 18 October 2010
This query is : Resolved
I am living in Pune city and in a residential complex of 10 buildings and approximately 100 row houses. Recently our society chairman told (verbally) our security persons to blow whistles during nights from 12AM to 5AM with an interval of an hour. So our watchmen walks around the buildings while blowing whistles and hitting sticks on the ground. Though my flat is on 3rd floor and at corner side, I am suffering from maximum noise and because of that resulting into sleepless nights. I had given complaints in writing to our society office but our chairman is not in a mood to listen and other members are not willing to complain officially. This is not sanctioned in Society member meeting.
Can you tell me if there is any rule in this type of case ? Where can I get information on this ? Where should I give my complaint ? Is there any way-out ?
R.R. KRISHNAA
(Expert) 18 October 2010
Dear Ajit
It is actually good security measure to avoid thefts and crimes and you must first appreciate it. So it is not a NOISE POLLUTION.
If you find such whistle blowing for long hours continuously disturbing your sleep hours, you may request the chairman to reduce the number of whistles and hitting sticks. Such rules made in the interest of public safety and good cannot be challenged in courts. You also can contact the residents of the locality and seek their advice for alternative security measures that does not involve noise.
Best regards,
Devajyoti Barman
(Expert) 18 October 2010
The rules of the societies varies from one society to another. In any case the above direction of the Chairman is not authorised either. So if he does not listen to your requests then you could always lodge complaint to the Registrar of the Cooperative Society which can initiate appropriate action against such unauthorised acts.
Ajit Kolhatkar
(Querist) 18 October 2010
Mr. Krishnaa
Is it not compulsory to take opinion of all the members on security related issues? Maharshtra police (website)states :
Noise level in a public place shall not exceed 10 dB(A) above the ambient noise standard for the area or 75bB(A) whichever is lower. No horn should be allowed to be used at night (between 10.00 p.m. and 06.00 a.m.) in residential area except in exceptional circumstances. Crackers should not be burst between the above mentioned time slot.
R.Ramachandran
(Expert) 18 October 2010
Blowing a while in the night at an interval of one hour, especially as a measure to ward of any activities by thiefs etc., cannot be called "Noise pollution" at all. To say that one is suffering from sleeplessness due to this is to magnify the issue. The very fact that other residents do not complain only goes to show that the noise level is not so disturbing as to affect one's sleep.
In fact in our Society also similar thing happened. A person complained that he was suffering from sleeplessness - then the Society members requested him to help them by going rounds in the night if he is suffering from sleepless night - the person stopped complaining!
Ajit Kolhatkar
(Querist) 19 October 2010
Mr. R.Ramchandran, means your society members asked the complainent to do watchman's job instead of finding a solution. :-)
Is it legal to blow whistles during nights ? Rules can be made if ALL members agrees. Other residents are not complaing is the problem of 'chala hai/adjust karo' type attitude.
R.Ramachandran
(Expert) 19 October 2010
Dear Mr. Ajit,
They did not want him to do watchman job, but only wanted him to help by going round if he is suffering from sleeplessness and keeps awake all night. You are right, if they had wanted him to do the watchman job, then it would have been an offending suggestion / request. Thank GOD they did not ask him to do the watchman job.
There is nothing illegal about blowing whistles either in day or in night. No law says whistle should not be blow. If according to you there is any law, please indicate, it will be interesting for me to read, understand and gain knowledge in the process.
Ajit Kolhatkar
(Querist) 19 October 2010
Sir, Law is NOT saying that security guards should blow whistles during nights (according to my knowledge). You better know that.
FYI: http://mpcb.gov.in/images/pdf/Noise_Rule_2010.pdf
ajitkolhatkar@vsnl.net
Ajit Kolhatkar
(Querist) 19 October 2010
Pl check Page No. 29 and 30. And Page no. 32 last paragraph.
http://bombayhighcourt.nic.in/data/aurjudgements/2010/CWP617210.pdf
R.Ramachandran
(Expert) 19 October 2010
Dear Mr. Ajit,
Thanks for posting the relevant material.
As advised by you, I went through the entire material.
The Gazette in question talk about sound by blowing of horn etc. which is not the case here.
As regards the judgment and the pages which you wanted us to check, i have gone through and my observations are as under:
Page 29: That any noise, which has the effect of materially interfering with the ordinary comforts of life judged by the standard of a reasonable man is nuisance. (here I don't think you will satisfy the concluding part of the sentence, especially viewing from the silence of the other members in the colony.)
Page 30: The Apex has observed that interference by the Court in respect of noise pollution is permitted on the basis that a citizen has certain rights being “necessity of silence”, “necessity of sleep”, “process during sleep” and “rest”, which are biological necessities and essential for health.
Here the Apex Court is talking in terms of noise pollution, not one time blowing of whisle in the night once an hour as a security measure. If some one is suffering from sleeplessness it cannot be attributed to such whistle blowing once in an hour.
Page 32 last paragraph: The extent of damage depends upon the duration and intensity of noise. (As pointed out by me in earlier comments here, the duration and extent of damage would be considered. As indicated by you, the whistle is being blown once in an hour that too by going round the colony. It is neither continuous, nor would be considered too intense as to infringe upon any one else's right!)
Even if you approach the same High Court or the Apex Court with your story, be sure they will dismiss the petition.
Ajit Kolhatkar
(Querist) 20 October 2010
Sir, I never said they are blowing once. Please check my attached files. you can play the files in Quicktime player. These I hv recorded on my mobile.
or download http://www.amrplayer.com/
R.Ramachandran
(Expert) 20 October 2010
Dear Mr. Ajit, it is you who said that the whisle is being blown between 12AM to 5AM with an interval of an hour. Do you mean to say that from 12AM to 5AM the security guard is standing near your building and continuously blowing the whistle. It is once in an hour he is blowing. According to me it does not fall within 'noise pollution'.
If you still feel very strongly about it, you may approach appropriate court and make your point and obtain order restraining the Residents Association from whisle blowing.
Ajit Kolhatkar
(Querist) 21 October 2010
Thank you very much Mr. Ramchandran, the duration is from 4 to 5 min. per hour, you will come to know if you hear my attached files.
R.Ramachandran
(Expert) 21 October 2010
Dear Mr. Ajit, I have already replied to you that according to me you do not have a good case. If you feel very strongly approach the court and obtain orders. FROM MY END I AM CLOSING THIS TOPIC.
Ajit Kolhatkar
(Querist) 24 October 2010
Dear Mr. Barman, Yes for what ?
