Satish 22 July 2022
I am from chennai. Next door apartment has compressor and motor room near my room. They are running motor tweleve hours to sixteen hours a day which disturbs me and my sick old mom. I went and spoke with the building supervisor and apartment office, they said they will take action to reduce noise but its been more than 1 month. I have to put bed and close my windows. No light and air comes to my room. what to do? how to solve my issue via police/legal way?
Shashi Dhara 22 July 2022
Complaint to police to take action against to remove public nuisance .
Satish 22 July 2022
But only i am affected party. No one else cares.
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 22 July 2022
Under the Noise Act, when a council investigates a noise complaint about a neighbour, entertainment venue, pub, club or restaurant during night hours, they can:
Satish 22 July 2022
I told them i will complaint to police if they run during night. They shut down during night.
But during day the noise decibles level are so high its bit unbearable.
what to do for day time noise pollutions?
Vidushi Maheshwari 27 July 2022
The right to life protected by Article 21 of the Indian Constitution includes the people's rights to a decent environment, a right to live in peace, a right to sleep at night, and a right to leisure. These rights are all necessary components of the right to life. According to Section 268 of the Penal Code, noise is a public nuisance, and anyone who commits an illegal act that causes harm, danger, or irritation to the general public may be held criminally liable. Both tort law and the Code of Criminal Procedure allow for the attachment of noise pollution as a nuisance. In Dhanna Lal vs. Thakur Chittar Singh, it was held that Making "unreasonable noises" falls under the category of private nuisance, and for it to be legally actionable, it must interfere with the comfort or ease of living up to the standards of the "normal man." In Datta Mal Chiranji Lal v. Lodh Prasad, AIR 1960 All 632, the defendant built an electric flour mill next to the plaintiff's home in a bazaar neighborhood. The noise and vibrations produced by the mill's operation prevented the plaintiff and his family from engaging in their daily activities in peace. They did not get a peaceful night's sleep either. It was decided that the mill's operation constituted a private nuisance that shouldn't be authorized.
Initially, you should write a legal notice to your neighbors claiming that they are the source of a nuisance.
If they continue to fail to take action to halt the nuisance:
i) you can make a criminal complaint under Section 268 of the IPC, under which the authorities will visit your area and if satisfied will seize the noise-making instrument.
ii) file a civil suit seeking an injunction against them
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