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Complaint against Carpentry in Residential Area creating noise problem


22-Oct-2023 (In Arbitration Law)
I live in a colony in Uttam Nagar, Delhi. Next to my house a person has set up a carpentry factory in his house. It has been 2-3 yrs., and the locality is subject to constant noise pollution due to hammering, wielding, chopping etc. moreover, he uses a specific kind of spray to paint the furniture which makes it difficult and hazardous to breathe. what are the legal options avalable?
Answers (3)

Answer #1
878 votes
Sir, as per you post the activity seems to be causing a lot of noise an air pollution and disturbance to you and the nearby locals and it also appears that the factory is running in an unauthorised manner without taking the appropriate consents. The appropriate forum to obtain relief against such activities i.e. causing noise and air pollution, is the Hon'ble National Green Tribunal. There are a lot of cases wherein the Hon'ble NGT has exercised jurisdiction and has given appropriate relief to the public at large. However, the case needs to be examined properly and for the same documents need to be perused.

Answer #2
767 votes
Any trade or activity involving noise or involving obnoxious, hazardous, inflammable, non compatible and polluting substance or processes shall not be permitted in residential area. Since the unit is producing noise and using spray which is obnoxious and hazardous. It is also a nuisance to public at large. A complain can be made Pollution control authority authority for nose and odour pollution, a police complaint for public nuisance and complaint to MCD to close such an activity which endangers life of the persons living in vicinity of the unit. If the authorities do not act on your complaint, you can file a writ petition before the high court.
Answer #3
599 votes
Dear Sir/Ma'am,
The solution to repeated disturbance to a persons mental peace and calm can be sought in the form of an injunction from court whereby a person is permanently injuncted/restrained from doing a particular act after a decree in his favour is passed either permanently or temporarily. Additionally, a suit for compensation for mental agony and harassment may also be brought under tort law for you to claim compensation in terms of money which would help you recover from the intrusion caused to your mental peace, retrospectively. These are the best two options available amongst others and are the most common remedy available as well as granted by courts. You may contact me further for more details.
Thanks.
Shantanu Awasthi

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