Ankita 09 August 2023

Facing nuisance due to diesel generator set up in front of house.

I live in Haryana and some government officials from HUDA (Haryana Urban Development Authority) set up a pump just 10 m away in front of my house, to draw out sewage out from an underground sewage pipe. To power the pump they have set up a diesel generator, which is causing a lot of nuisance. When asked , they said that the generator will be there for a year or two. Firstly the diesel genset is emitting a lot of smoke , all of which is directed towards my house and there are asthmatic family members in the house suffering from all the smoke. Secondly , they have not put anti vibration pads and when the genset starts - my whole house starts vibrating as well. I have the following questions:

1. Is it legal to put up a diesel genset in front of a residential house in a residential area?

2. Are there any guidelines/court judgments regarding the same?

3. Who should I complain first the SDM or HUDA officials?

4. If I don't get any relief should I approach the court for an Injunction?

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2 Replies

Real Soul.... (LEGAL) 09 August 2023

You need to issue a legal notice before filing injunction against them; they cannot create such nuisance in the residential area. You can sue them very well.

T. Kalaiselvan, Advocate (Advocate) 09 August 2023

It is a deprivation of your easement rights.

If the generator is not in good condition, it can also emit unburnt hydrocarbons, which are even worse for the environment. They are noisy too.

You can issue a legal notice to the authorities concerned about this nuisance and request them to remove them or to install the same at a far off place from your house in order to avoid the emanating smoke and the noise.

If there is no response, you may file a suit for easement rights as well as for mandatory injunction to direct them to remove the same from this closer proximity. and for reliefs thereon.

You ae entitled to easement rights against the air and noise pollution.