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Underrated Gallery   28 May 2020

Non veg fast food corner beside Home.

I am from Bijapur, Karnataka.There is a Non veg fast food corner beside my home.I am unable to deal with the smell from morning to night.

I asked him to shift,he agreed but didn't shift after 6 months of time.
What legal action can I take against him?.


Learning

 3 Replies

Real Soul.... (LEGAL)     28 May 2020

If he is having permission then you have to seek court's intervention...

Advocate Ganesh Ram   28 May 2020

if there is a public nuisance means you can very well approach the court to shut his food corner

contact me at ganesh555ram@gmail.com

Dibsha Nanda   05 June 2020

Hi

What I gather from your query is that the smell from the food corner causes inconvenience or annoyance to enjoyment of your property. However, the owner of the food corner must've sought adequate permissions to operate there. You may settle the matter within yourselves by discussing an arrangement.

Otherwise, you have two legal options:

1) You can file a civil suit under Law of Torts for private nuisance.

Private Nuisance is the kind of nuisance in which a person’s use or enjoyment of his/her property is ruined by another. 

To file a case for private nuisance:

1. There must be an act that causes interference, annoyance, or inconvenience which is unlawful and not justified in the eyes of law.

2. Such interference, annoyance, or inconvenience should be in context to the use or enjoyment of land or of some rights over the property or it should be in connection with the property or physical discomfort.

3. The interference, annoyance or discomfort must be substantial and evident.

2) If the smell is also causing inconvenience to the general public in the vicinity, you can collectively file for public nuisance.

Please refer to my reply in this thread for the same: https://www.lawyersclubindia.com/forum/details.asp?mod_id=210412&offset=1

But if you can show that any special damage is caused to you, you can file a claim public nuisance under clause 2 of Section 91 of CPC for damages or injunctions showing sufficient proof of violation of your existing right, without prior consent of the Advocate General or the leave of the Court.

I hope this resolves your query. 

Regards, 

Dibsha 


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