Advocate Vijayakumar Noolvi

Questions Answered by Advocate Vijayakumar Noolvi (25+ answers)

Q: Facing issue from neighbor and their tenant shop

Hello Sir/Mam, Next to my home there is one vehicle washing service station, which is attached to my house. To clean vehicle there are using high speed motor and machine which is generating loud sound like bullet motorcycle sound, which is making us to difficult to stay in home.We asked them to shift the motor and machine other side of shop,to reduce sound at our end. But, there are not listening to us and also we facing lot of other issue due to this. Pls suggest what we can do legally.

Advocate Vijayakumar Noolvi answered
Dear Sir, If your neighbor is causing a nuisance such as excessive noise, pollution, encroachment, or any other unlawful activity that disrupts your peaceful enjoyment of your property, you can file a civil suit for injunction under Section 38 of the Specific Relief Act, 1963 to legally restrain them. Courts often grant interim injunctions at the preliminary stage itself if you can establish three key elements: (1 a strong prima facie case demonstrating that the nuisance is unlawful and affecting your rights, (2) the balance of convenience** in your favor, meaning the harm you face outweighs any inconvenience to the neighbor, and (3) the possibility of **irreparable harm** if the nuisance is not stopped immediately. To strengthen your case, gather **evidence** such as photos, videos, witness statements, and copies of any prior complaints made to the police or local authorities. It is also advisable to first send a **legal notice** to the neighbor, as this can sometimes resolve the issue without litigation. If the nuisance persists, your lawyer can file a suit in the appropriate civil court, citing relevant laws such as Noise Pollution Rules. Courts have a history of granting interim relief in such cases, ensuring swift protection of your rights. For the best outcome, consult a lawyer to tailor the legal strategy to your specific situation.