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Banquet hall creating noise pollution no clearance from authority


01-Feb-2023 (In Civil Law)

in my neighourhood,there is a banquet hall,running without permission from authorities,nor it has mandatory certificates,as revealed by authorities (through rti).it is creating a lot of noise pollution through continue playing Dj system.my family consist of elders suffers a lot mentally due to noise,having high blood pressure.despite of our request he is continue with the busieness as usual.he has obtained a stay order from lower court on the pretext that he is runnijng busieness since 10 years,Being influencive the owner is pressurising us and continue wth busieness as usual,please help

Answers (3)

Answer #1
939 votes
There are several remedies available to you. First, you can file a suit for injunction and damages and seek an order from the court directing the banquet owner to operate the premises within the legal stipulated noise levels. There is a Supreme Court judgement in that regard which is completely in your favour. Apart from the suit, you can file a criminal complaint for nuisance and seek criminal charges being levelled against the banquet owner and other such remedies. Third, you can proceed with the civil suit and the criminal complaint simultaneously and exert enough pressure on the banquet owner to comply with the noise levels. If you need help in this regard, do contact. Regards
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Advocate Shikhar Khare

Adv. Shikhar Khare

LawRato Delhi | 25+ Answers
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Answer #2
991 votes
You can challenge the stay order before the high court. He can't do any business without the license its illegal even if he has been doing it for years. Hence I recommend you file an appeal against the stay order.
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Answer #3
969 votes
send a legal notice to banquet hall and file an injunction suit against the hall, you may even move the NGT and file a complaint under section 5 of Environment protection act 1986. issue a complaint cum notice to your municipal authority and local police to take action against the banquet hall and violation of the rules
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Advocate Nitish Banka

Adv. Nitish Banka

LawRatoDelhi | 25+ Answers
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