windowsxp 23 June 2017

Poultry form in the center of family locality

Dear Experts,

we have a neuisance with a poulty from which was situated in the center of family, i heard owner of the poultry form got license in the name of chicken center but he constructed a big shed and daily he brings 2 lorries of chicken and keeping this as a whole sale point, in the shed daily 2-3k poultry chicken will be stocked and also he do chicken retail in a 20 cents land, besides his shed lot of family houses residing and everyone been complaining of the sound, bad smell, that sheds are been rattled with huge crow sounds due to chicken retail shop inside and lot of chicken dust which comes while loading and unloading from lorries which he brings from bangalore/hyderabad.

onwer has many chicken center in the city he distributes the chicken birds through mini vans, this place was always with noise and pollution and bad smell, house flies, chicken feathers etc, just imagine the situation, my house is just infornt of the 20 cent land land just parallel to it, my house is located in 1/4 acre land i had a good garden with around 20 cocount trees, due to the poultry form all the trees are occupied with crows, and huge noise they make when ever a mini van or person goes with chicken birds and they carry all chicken legs and heads which they trow and creating a nuiseance in the surrouding familes, i park my car in my garden if i wash my car with in an hours full poultry dust will settle on it, this is really frustating and making our lifes hard day by day.

owner earns very good money and his house is located nearby to the farm but not besides and his life is going good, earning good and living a peacful life but we are suffering, he earns some lakhs in a month and he can manipulate politicians.

i want to legally move this form from my location can someone suggest how best can i do this are there any cases which are found and win in this kind of situations, kindly suggest your opinions and suggestions on this issue.

Regards,

Srini

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2 Replies

Arjun Kohli 24 June 2017

You can definitely file a lawsuit based on the tort of nuisance. It is actionable upon the proof of actual damage and if even more people are facing the same, it becomes a public nuisance and same is actionable under IPC 268.

However, if that person has acquired that land legally and conducts his business lawfully and satisfies all legal requirements, it would be hard to assess in whose favour court would rule or how much relief court would be able to grant. Therefore, to begin with, you could collectively file a complaint with the local Police or Magistrate (given his influence aspect), against the nuisance faced. The question of his business being legal will be inquired into by the Police. But given the ground realities in India, I would highly suggest you to get proper legal counsel for further contesting the case as various loopholes are possible in this situation, and once you share proper details with your counsel, a better case might be prepared but for now, you could file a complaint to the Police based on IPC 268.

1 Like

windowsxp 26 June 2017

Thank Arun for the reply,

He is legal owner of the land, but as per law no poultry farm should reside in the premsis of public dwellings and it sould not be below 1km radius of a major water reseviour, these two conditions are enought i guess.

I raised a grievance with AP polluction control board lets see my target is close this farm in 2-3 years, else i will take legal path.

if ap polluction borad wont respond then i move to NGT, not sure whether they take up this issue or not?

kindly let me know if anyone gave complaint to above boards?

Regards,

Srini