Shreyas 04 October 2023

Obstruction to peace by neighbour

Dear Team LawyersClub India,

I am extremely disturbed and unable to relax or concentrate on my day to day activities due to the noise caused by my neighbors. They are breeding birds inside their house in a residential area in order to sell, which are more than 20 in numbers at any given point of time. These birds make terrible squeaking and chirping sounds starting early in the morning and doesn't stop until late in the evening. I am unable to rest, sleep, and study peacefully for even 10minutes as they never stop. I have informed them, but they don't seem to care. Hence I wanted to know what legal actions can I take against them and how to proceed in this matter.

Thanks in advance for your assistance.

Best,

Shreyas

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3 Replies

Real Soul.... (LEGAL) 04 October 2023

You send them a legal notice first then file for injunction suit , it is tortious act, you should also complaint to Muciplaity department .

Shreyas 05 October 2023

Thanks a lot for your input :)

Khushi Tiwari 05 October 2023

As per your query of taking legal actions against your neighbour regarding your peace obstruction -

1) This is to be mentioned that you must file a civil suit asking for Injunction under Specific Relief Act 1963 ,providing them with the legal notice priorly as of causing private nuisance under the Law of Torts, intervening your daily life by creating unwanted nuisance your neighbour will fall under tortious liability .

2)Also your neighbour can't use residential area for commercial purposes as of breeding number of birds with the intention of selling is illegal without license under Wildlife Protection Act 1972 ( depends upon the type of birds as mentioned in the schedule 4 appendix 1 of the Act ).