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Mohit Prakash   29 November 2023

Noise Pollution Act

My neighbour's are continuously making loud noises by brushing crackers after 2200 hours and that too after 2 weeks of Diwali. Moreover, their Childern play in the streets my making so much voices around 1500 hours to 2030 hours. It's difficult to study as a student. Kindly help me suggesting where I can go and seek legal help.

Thank You
Regards


Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     30 November 2023

The first step you can take is to lodge a complaint with your local police station. Under Section 268 of the Indian Penal Code (IPC), a person is guilty of a public nuisance if they cause annoyance to others. If the police find your complaint valid, they can take action against the neighbour

If the noise continues, you can send a legal notice to the neighbour through a lawyer. This notice will inform them of your intention to take legal action if the noise doesn’t stop.

India’s environmental laws, such as the Environment Protection Act, 1986 and the Noise Pollution (Regulation and Control) Rules, 2000, also provide remedies for noise pollution. You can file a complaint with the local pollution control board or the environmental court.

Dr. J C Vashista (Advocate and Legal Consultant)     30 November 2023

Restoring legal remedy as advised by learned expert Mr. T Kalaiselvan, which I agree and appreciate, it is better to discuss with your neighbour involving other neighbours, if required.

Sanskriti Tiwari   30 November 2023

I understand the disturbance you're facing due to your neighbors' activities. Noise disturbances can indeed impact one's ability to study and concentrate. In this scenario, seeking legal advice or intervention is a reasonable step. 

To seek legal assistance for noise disturbances, consider these specific steps:

1. Research noise ordinances or regulations specific to your area. These laws often outline permissible noise levels, quiet hours, and restrictions on noisy activities.

2. Keep a record of the dates, times, and nature of the disturbances. This documentation can serve as evidence when reporting the issue.

3. Reach out to the appropriate local authorities, such as your homeowners' association, community board, or the police, to report the disturbances. Provide them with your documented evidence.

4. If the issue persists despite informal complaints, consider seeking legal advice. You might consult a lawyer specializing in noise pollution cases or contact legal aid organizations that handle such matters.

5. Before pursuing legal action, try to communicate with your neighbors about the problem. Mediation or negotiation might help find a resolution without involving legal proceedings.

Refer to the Environmental Protection Act, 1986, and the Noise Pollution (Regulation and Control) Rules, 2000. These laws establish permissible noise levels and prescribe quiet hours. Moreover, you can also lodge a complaint under section 268 of IPC for crrating public nuisance. Further, you can refer the following cases:-

M.C. Mehta v. Union of India (2002):

This landmark case emphasized the right to a pollution-free environment. The Supreme Court's ruling highlighted the importance of enforcing noise pollution regulations and protecting citizens' right to a peaceful environment.

Church of God (Full Gospel) in India v. KKR Majestic Colony Welfare Association (2000):

Here, the court upheld noise pollution regulations and directed authorities to ensure compliance with noise limits, emphasizing the need to protect citizens from excessive noise disturbances.

Remember, legal action should be considered as a last resort. Attempting to resolve the issue through communication or mediation is often the first step. However, if the disturbances continue and significantly impact your life, seeking legal guidance becomes an option to protect your rights as a resident.

LCI Thought Leader Sanjeev Duggal Advocate   19 December 2023

I understand the disturbance you're facing due to your neighbors' activities. Noise disturbances can indeed impact one's ability to study and concentrate. In this scenario, seeking legal advice or intervention is a reasonable step. To seek legal assistance for noise disturbances, consider these specific steps:-

1. Research noise ordinances or regulations specific to your area. These laws often outline permissible noise levels, quiet hours, and restrictions on noisy activities.

2. Keep a record of the dates, times, and nature of the disturbances. This documentation can serve as evidence when reporting the issue.

3. Reach out to the appropriate local authorities, such as your homeowners' association, community board, or the police, to report the disturbances. Provide them with your documented evidence.

4. If the issue persists despite informal complaints, consider seeking legal advice. You might consult a lawyer specializing in noise pollution cases or contact legal aid organizations that handle such matters.

5. Before pursuing legal action, try to communicate with your neighbors about the problem. Mediation or negotiation might help find a resolution without involving legal proceedings.

Refer to the Environmental Protection Act, 1986, and the Noise Pollution (Regulation and Control) Rules, 2000. These laws establish permissible noise levels and prescribe quiet hours. Moreover, you can also lodge a complaint under section 268 of IPC for crating public nuisance.Further, you can refer the following cases:-

 1.  M.C. Mehta v. Union of India (2002):-

This landmark case emphasized the right to a pollution-free environment. The Supreme Court's ruling highlighted the importance of enforcing noise pollution regulations and protecting citizens' right to a peaceful environment.

2. Church of God (Full Gospel) in India v. KKR Majestic Colony Welfare Association (2000):-

Here, the court upheld noise pollution regulations and directed authorities to ensure compliance with noise limits, emphasizing the need to protect citizens from excessive noise disturbances. Remember, legal action should be considered as a last resort. Attempting to resolve the issue through communication or mediation is often the first step. However, if the disturbances continue and significantly impact your life, seeking legal guidance becomes an option to protect your rights as a resident.

Sanskriti Tiwari   19 December 2023

Respected LCI Thought Leaders, I request you all kindly please do not post verbatim of my answers. This is happening with me second time. 


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