LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Aravind Sri   05 June 2020

Air and Noise pollution

My home is in a residential area. There is a injection moulding factory next to my compound. They are creating Air and noise pollution. No proper guidelines followed to dispose the hazard pollutants generated from their factory. They are operating the machines even in nights creating noise. It disturbs our peace of mind. I have requested them orally, no steps taken. How to proceed?


Learning

 5 Replies

AFZAL VOHRA (Civil & Revenue Lawyer)     05 June 2020

Every citizen has the right to live in peace and in a peaceful environment. If your area does not fall under the industrial zone and if the factory has not obtained permission to operate 24x7, you can certainly explore legal option against it. You can start by filing an application with your local authority to direct the factory owner to control the noise and air pollution. You can also approach your state's pollution control board for speedy disposal of your grievances. 

1 Like

N. Sivaprakash, Chennai 984099 (Advocate)     05 June 2020

Adding to my friends view you can file legal proceedings for nuisance.

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 June 2020

Air and sound pollution is a growing issue these days. ... System uses air sensors to sense presence of harmful gases/compounds in the air and constantly transmit this data to microcontroller. Also system keeps measuring sound level and reports it to the online server over IOT.

1 Like

Dibsha Nanda   05 June 2020

Hello. 

By analyzing your query, I'd suggest you approach the municipal authorities first and they shall try to resolve the issue. Exhaust all other remedies before approaching the Court.

If there is no other resort, you may file for public nuisance against the factory owner/ manager as the case may be.

1. You can file a criminal complaint under Section 268 IPC for Public Nuisance.

2. You can apply to an executive magistrate under Section 133 CrPC to order the removal of the nuisance causing agent or activity from the locality.

3. You may file a suit under Section 91 CPC with one or more persons with the leave of the Court to put an end to public nuisance. 

You may also refer to this Article for a better understanding of Section 91: https://www.lawyersclubindia.com/articles/section-91-c-p-c-a-weapon-against-public-nuisance-or-other-wrongful-acts-affecting-public--9351.asp

Nevertheless, the most common relief is the injunction order against continuing the act causing nuisance or an order for removal of the cause by the magistrate. 

I hope this answer helps you!

Regards, 

Dibsha 

Deekshitulu.V.S.R (B.Sc, B.L)     06 June 2020

Move the concerned authorities to remove the nuisance. Move also the NGT(National Green Tribunal), as in ltest LG Polymers case at Vizag.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query