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 4 Replies

Tejashwini (Professional)     14 September 2017

Hello ,

I need an opinion on an important issue which is as follows

We are a gated community and around our community is located a tech park where there are around 50-60 companies. They use generators 24*7 and the noise is unberable. We have been approaching PCB but our efforts are in vain.

Can i get any inputs as to how to tackle this issue.

Thank You

Tejashwini

 

 

 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     14 September 2017

Now let’s elucidate the other laws regarding sound pollution. In Section 133, Code of Criminal Procedure the magistrate court have been empowered to issue remove or abate nuisance caused by noise pollution u/s 133 empowers and executive magistrate to interfere and remove a public nuances in the first instance with a conditional order and then with a permanent one the provision can be utilized in case of nuance of environment nature. In Law of Torts noise pollution is considered as a civil wrong. Under Law of Torts a civil suit can be filed claiming damages for the nuisance. 

Tejashwini (Professional)     14 September 2017

Your answer sounds very simple. Does that mean that the solution to this problem is so simple.

 

 

Democratic Indian (n/a)     15 September 2017

The problem of sound pollution can be solved if any of the following three things happen -

 

1. If electricity supply company starts supplying electricity 24x7, there will be no need of using genarators

 

2. Subject to financial and techical feasability, alternate means of silent electricity generation like solar energy or inverters etc are used.

 

3. Subject to financial and techical feasability, better type and quality silencers are installed on the existing generators to reduce sound pollution.

 

Since you have already complained to the local Pollution Control Board, you must be having copy of complaint with proper official sign and stamp with you. If Pollution Control Board has done nothing, file RTI to know what steps they have taken on your complaint. Then sit with a local lawyer of unshakable integrity and repute to take the matter in High Court in form of writ to direct the Pollution Control Board to take appropriate steps as per law.


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