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Can a factory run in a residential area? Where should I file a complaint against an illegal factory


08-Jul-2024 (In R.T.I Law)
My neighbor runs a garment factory, which involves the use of an industrial iron that creates noise and vibrations in my home. I reside in Shrinivaspuri, South Delhi. Despite several requests and quarrels with the factory owner to shift it elsewhere, no action has been taken. He claims to have a license for this factory, but from my limited knowledge, the Supreme Court has directed the MCD to shift all industrial units out of residential areas. How could he have obtained a license? My queries are: Can any type of factory run in a residential area? What legal action or complaints can I take against this illegal factory in a residential area?
Answers (1)

Answer #1
125 votes

In India, factories are generally not allowed to operate in residential areas due to concerns like noise, pollution, and safety risks. Zoning laws usually restrict such activities to designated industrial zones. If a factory is functioning illegally in your neighborhood, you can file a complaint with the local municipal authority, the police, or the Pollution Control Board to take appropriate action.

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.

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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.

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

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"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."

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