Can a factory run in a residential area? Where should i complain?


My neighbour runs a garment factory which involves the use of industrial iron which is a source of noise and vibrations to my home. I reside in Shrinivaspuri, South Delhi. Several requests and quarrels with owner of factory to shift it somewhere else have not yielded any result.

 

He claims to have a licence of this factory but from my little knowledge, Supreme Court has directed MCD to shift all industrial units to shift from residential areas, so how could he have obtained a licence?

 

My queries are 1.Can any type of factory run in a residential area? 2.What legal action / complaints can be taken by me?

 

Answer


When it comes to Units that are permitted to run in residential area: Reference can be made to the Master Plan for Delhi, 2021 which states that household industrial units with a maximum of 5 workers are allowed to run in residential areas subject to the condition that no polluting industrial unit shall be permitted as a house hold industry. As specified by you that the unit is creating noise pollution, it cannot run in a residential area.

 

We believe that the option available to you is to register a complaint for noise pollution before the Pollution Control Board or register a complaint for noise pollution and public nuisance in the nearest Police Station and immediate action shall be taken.

 

Public Nuisance has been defined under Section 268 of the IPC:

 

"A person is guilty of a public nuisance who does not 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."

 

Click here to find the best lawyer for your specific requirement in your city.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular R.T.I Lawyers

Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
19 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience
Advocate Anil Kumar Singh
Brahmaputra Enclave, Ranchi
8 years Experience
Advocate Saket Bisaani
Gavipuram Extension, Bangalore
6 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the R.T.I Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.


Related Articles


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Similar questions

I have complained against patwari through cpgram grievance system ( central government) of my village, which comes in Sangrur, Punjab. It is r…

Read More

respected sir, When I wanted to file online first appeal then the response was pleas file first appeal to CPIO IMD in physical mode. (kindly see the a…

Read More

I am from Hindu family .I want to know that whole property and land details of my father and grandfather both lives in Bihar and I live in Delhi. Plea…

Read More

I would like to file RTI to get following information of a government employee (central government employee): 1. Salary slips including all the allowa…

Read More

Talk to a lawyer for your legal issue