Ban on girls hostel
Pratiyush Chaubey
(Querist) 06 February 2013
This query is : Resolved
There is a house in my neighbourhood whose owner is using the whole house as a Girls Hostel and every second day the Girls play loud music, shout and screem. The whole colony is redidential and the other people also living in the colony object to the same. The Girls with outsider boys rome in the whole colony during late hours at night.
Just wanted to ask that is there any Legal remedy or Judgement or process through which the Hostel can be closed down ? And what step should I take ?
Anirudh
(Expert) 06 February 2013
If the music played by them is quite noisy, one can first request them to reduce the same. Normally, they will definitely listen.
In case they do not listen, and continue to play the music in a loud manner, then one can approach the Police and make a complaint about the noise.
Other than this, you cannot do anything. If they roam in the night, it is their right - what is your problem? Can a person walk in the night either singly or with a company whether that company is a girl or a boy?
Pratiyush Chaubey
(Querist) 06 February 2013
Thanks Anirudh, but several times I have complaint to Police about such an Act.
ANIL KUMAR 8867907494
(Expert) 06 February 2013
Police has to take action against such nuisance acts , girls has to enjoy without disturbing others , colony people has to unite together individual can't stop, u can seek injunction from court
R.K Nanda
(Expert) 06 February 2013
complain to municipal authority of ur zone
to close that hostel.
ajay sethi
(Expert) 06 February 2013
find out from muncipal corporation by making an application under RTI whether permission has been given for girls hostel in your area . go and meet the ward officer of your area .
you have already lodged police complaints and no action has been taken . send copy of your letter to Supdt of Police / Commr .
Nadeem Qureshi
(Expert) 06 February 2013
Dear Querist
133. Conditional order for removal of nuisance.
(1) Whenever a District Magistrate or a Sub-Divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by 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, considers --
(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 fall 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, tank, 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.
Sudhir Kumar, Advocate
(Expert) 09 February 2013
Mr Qureshi has elaborated the law which very few advocates practice and whose applicability in case of nuisance has been upheld by Apex court even against Public Bodies.
V R SHROFF
(Expert) 09 February 2013
an move court to retain Noise Pollution.
No noise allowed after 10 pm
IT AMT TO NUISANCE
