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Nuisance by the steel factory what can I do


11-Jun-2023 (In Civil Law)
there is a new steel factory set up in the vicinity of our home ( residential zone. only my parents are living.65yr and60yrs) coming under green factories. The cutting and hammering sound through out the day is intolerable which deteriorating my parents life both physically and mentally.they both are suffering from multiple serious diseases which are more aggravated by such noise. Other houses are less affected as those are far apart. so it is difficult to say it as public nuisance by the SDM court hence 133crpc is not applicable.please suggest something to get immediate relief as it a threat
Answers (3)

Answer #1
601 votes
You can file a civil suit for injunction and damages under specific relief act. Tort law would also be applicable in your case. Exact legal opinion can only be given after ascertaining exact facts.
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Answer #2
900 votes
Immediate relief in such cases is hard to come by. Generally such factory owners are backed up political links through local politician who will make life difficult for anybody against their interests. It has to be seen whether it actually amounts to public nuisance so that a PIL can work. Meanwhile, a legal notice can be sent to the factory owner asking him to abstain from creating noise pollution.
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Answer #3
809 votes
Hi Firstly steel factory can not be set up in residential area...u can lodge a complaint in mcd and residential welfare society. ...and file a suit in the court. ..against the same. .as right to clean environment is a form of a fundamental right. .that is getting breached. ..
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Advocate Priyam Agarwal

Adv. Priyam Agarwal

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