sid (Service) 28 April 2013

Noise pollution in housing societies mumbai

Hi,

I had a few questions regarding this topic. I am not very well versed with the topic so needed some help.

1) Is there any official law against doing construction/renovation work throughout the year including the afternoons or late evening which leads to excessive noise in a society ?

In our society there was a rule that was put in place which said that there should not be any noise (from construction, etc.) in the afternoons from 2pm to 4pm...But some member flout these rules on a regular basis. So was wondering if there is anything legally I could do to put a stop to this. There is perpetual construction work going on throughout the year and it is almost impossible to get any sleep.

2) Is there any rule for honking inside housing societies ? There are many member who no matter what time it is ( 12 am , 2 am , etc) come into the society and honk several times, with no particular reason at times to call someone down from the flat, get the securitys attention, etc. There is a Nursing Home within our society also. Isnt there any rule against honking near a nursing home ??? for that matter even in a society.

Please any help would be appreciated as these people boss around the society and do whatever they feel like so wanted to know if there is any legal recourse i can take.

Thanks

Regards,

Siddharth

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1 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 28 April 2013

you can file a complint u/s 133 of Cr.PC

Conditional order for removal of nuisance.

(1) Whenever a District Magistrate or a Sub- divisional Magistrate or any other Executive Magistrate specially empowered in this of behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers-

(a) that any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; or

(b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated; or

(c) that the construction of any building, or, the disposal of any substance, as is likely to occasion configuration or explosion, should be prevented or stopped; or

(d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary; or

(e) that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public; or

(f) that any dangerous animal should be destroyed, confined or otherwise disposed of, such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupa-

tion, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order-

(i) to remove such obstruction or nuisance; or

(ii) to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or

(iii) to prevent or stop the construction of such building, or to alter the disposal of such substance; or

(iv) to remove, repair or support such building, tent or structure, or to remove or support such trees; or

(v) to fence such tank, well or excavation; or

(vi) to destroy, confine or dispose of such dangerous animal in the manner provided in the said order; or, if he objects so to do, to appear before himself or some other Executive Magistrate subordinate to him at a time and place to be fixed by the Order, and show cause, in the manner hereinafter provided, why the order should not be made absolute.

(2) No order duly made by a Magistrate under this section shall be called in question in any Civil Court. Explanation- A" public place" includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes.