LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Monu Subramaniam   15 June 2022

regarding noise pollution through DJ

how i file a case against my neighbour who is making noise through DJ he is making noise daily even after 10 pm


Learning

 4 Replies

Pradipta Nath (Advocate)     16 June 2022

Serve him a legal notice. Thereafter complain against him in the nearest PS. After 7-8 days of the police complaint, if police don't register case, initiate section 107 case personally against the neighbour.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     16 June 2022

  1. A polite request to inform him about the inconvenience he is causing to you with DJ playing
  2. If no positive result, issue a Legal Notice through a Lawyer advising him that suitable action shall be taken.
  3. Still, no positive result, involve the local community elders to ensure that the person behaves properly.
  4. Finally, go to the nearest Police Station and request to file an FIR giving full details of the nature of the nuisance caused with details of the person, address, etc. Normally, once Police come and warn such behavior abates and he shall behave in a disciplined manner.

P. Venu (Advocate)     16 June 2022

You can, but try to sort out the things amicably.

Sravika Reddy Kohir   17 June 2022

Hello Monu Subramaniam, I acknowledge your question. Here in the most effective way to deal this is complaining to the police regarding the nuisance being caused by the neighbours to police if the same does not result in any good, you can further file a complaint against him for the offence of public nuisance under the section 268 of IPC before the competent Magistrate. IPC defines public nuisance as “an act or illegal omission which causes any common injury, danger or annoyance, 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. The main ingredient here as to is the annoyance or discomfort that is caused by other party and it is higher than the ordinary tolerance level. The punishment for the same is given under the section 290 of the Code.

The following are the similar precedent cases where injunction was granted as a relief for the act of nuisance.

(i)               Palmar v. Loder, (1962) CLY 2233

(ii)              Solatu v. De Held (1851) 2 Sim NS 133

I hope I have answered your question.

Have a good day.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register