A person kept generator in front of my house causing nuisance

901 votes

You can file police complaint if generator is not sound proof followed by a civil suit for injuctioon (restraining him from using gernator).
further you can also claim damages for your suffering. The law is of easement. we can meet for first free consultation . we can get the same done within no time . Don't worry we can resolve your problem quickly
Take care

Advocate Kunal Madan LawRato

910 votes

Respected Sir/Madam
No religion prescribes that prayers should be performed by disturbing the peace of others nor does it preach that they should be through voice amplifiers or beating of drums. in a civilized society in the name of religion, activities which disturb old or infirm persons, students or children having their sleep in the early hours or during daytime or other persons carrying on other activities cannot be permitted. This statement has been given by the Hon'ble Supreme Court Of India.
The judgment gives references to various judicial opinions in India.The Supreme Court in Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Assn., MANU/SC/0537/2000 held that the Court may issue directions in respect of controlling noise pollution even if such noise was a direct result of and was connected with religious activities.
The Supreme Court stated that reaching implications in day-to-day life of the people in India relatable to noise pollution vis-à-vis right to life enshrined in Article 21 of the Constitution as interpreted in its wide sweep by the constitutional courts of the country. Though a limited grievance was raised to begin with but several interveners and interlocutory applications enhanced the scope of hearing and the cases were heard in a very wide perspective centering around Article 21 of the Constitution. Several associated and incidental issues have also been gone into.

Article 21 of the Constitution guarantees life and personal liberty to all persons. It is well settled by repeated pronouncements of this Court as also the High Courts that right to life enshrined in Article 21 is not of mere survival or existence. It guarantees a right of persons to life with human dignity. Therein are included, all the aspects of life which go to make a person's life meaningful, complete and worth living. The human life has its charm and there is no reason why the life should not be enjoyed along with all permissible pleasures. Anyone who wishes to live in peace, comfort and quiet within his house has a right to prevent the noise as pollutant reaching him. None can claim a right to create noise even in his own premises which would travel beyond his precincts and cause nuisance to neighbours or others. Any noise which has the effect of materially interfering with the ordinary comforts of life judged by the standard of a reasonable man is nuisance. How and when a nuisance created by noise becomes actionable has to be answered by reference to its degree and the surrounding circumstances, the place and the time.

Those who make noise often take shelter behind Article 19(1)A pleading freedom of speech and right to expression. Undoubtedly, the freedom of speech and right to expression are fundamental rights but the rights are not absolute. Nobody can claim a fundamental right to create noise by amplifying the sound of his speech with the help of loudspeakers. While one has a right to speech, others have a right to listen or decline to listen. Nobody can be compelled to listen and nobody can claim that he has a right to make his voice trespass into the ears or mind of others. Nobody can indulge into aural aggression. If anyone increases his volume of speech and that too with the assistance of artificial devices so as to compulsorily expose unwilling persons to hear a noise raised to unpleasant or obnoxious levels then the person speaking is violating the right of others to a peaceful, comfortable and pollution-free life guaranteed by Article 21. Article 19 cannot be pressed into service for defeating the fundamental right guaranteed by Article 21.
The disturbance produced in our environment by the undesirable sound of various kinds is called " noise pollution".

1.Noise as nuisance and health hazard
2. Hearing Loss
3.Interference with Communication
4.Disturbance of sleep.
5.Effect on performance
6.Physiological Effects
7.Special Effects on unborn, children and human beings.
There are so many in India:
Acts/Rules/Orders:
Constitution of India - Articles 19, 19(1), 19(1)A, 19(10), 21, 25, 141 and 142; Noise Pollution Control and Regulation Rules, 1999; Air (Prevention and Control of Pollution) Act, 1981 - Section 2; Environment (Protection) Act, 1986 - Section 2; Noise Abetment Act, 1960 - Section 2; Control on Pollution Act, 1974; Noise and Statutory Nuisance Act, 1993; Noise Control Act, 1975; Noise Control (Miscellaneous Articles) Regulations, 1995; Noise Control (Motor Vehicles and Motor Vehicle Accessories) Regulations, 1995; Noise Control Ordinance; Noise Pollution (Regulation and Control) Rules, 2000 - Rule 3; Indian Penal Code, 1860 - Sections 95, 268, 290 and 291; Criminal Procedure Code (CrPC), 1973 - Section 133; Factories Act, 1948 - Sections 89 and 90; Motor Vehicles Act, 1988; Central Motor Vehicles Rules, 1989 - Rules 119 and 120; Central Motor Vehicles (Amendment) Rules, 1999; Environment (Protection) Rules, 1986 - Rule 89; Air (Prevention and Control of Pollution) (Amendment) Act, 1987; Explosive Rules, 1983 - Rule 87; Explosives Act, 1884; Madras Town Nuisances Act, 1889
Contact to a lawyer, give a complaint against the person.

Thanks & Regards
Advocate Manish Kumar

Advocate Manish Kumar LawRato

776 votes

You file police complaint against him or simply dial 100 and seek police help. It is your legal right so don't worry and go ahead. If local police don't take action you can file complaint to SHO. Even you can file writ petition and seek court help to get it removed.

LawRato LawRato

779 votes

The first step is to talk to the person who is causing nuisance, as you have already done this, then the

second step will be serving a legal notice through a lawyer. Mostly this solves the problem, if not then after the notice period

a suit can be filed against nuisance and also damages can be claimed.

Advocate Pranav Dilavari LawRato

592 votes

yes sir sure there are provisions in Indian penal code am quoting below.

Section 268 in The Indian Penal Code
268. Public nuisance.—A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage.

you have to lodge a complaint before nearest police station and if the authorities does not support you, I can help you with a legal notice and complaint case before court on a later stage.

Advocate Peeyush Bhatia LawRato