Nuisance from neighbouring shop

Rakhi Jadav (Querist) 24 April 2019 This query is : Resolved
My neighbouring shop is creating noise and air pollution. He is a carpenter. Because of his work lots of wooden particles spreads in air. Which goes in my eyes and nose. His work creates lots of noise because of it I couldn't communicate with my client. He is a tenant. This is residential complex. I complained to secretary of Co operative Housing Society. They are not taking any strong action against. His leave and license agreement is void because it is with previous owner who has sold his shop. I complained to owner. He is also informing because he wants rent. I complained to police. Police said that we can't do anything in this matter. He suggested to go to municipal corporation. I don't understand what to do. Is this matter comes under section 226 IPC and section 133cr pc. Please suggest. Thanks

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Guest (Expert) 25 April 2019
everything lawyers cant settle and with 3.2 crores cases pending and years taken in case people abuse system.please note every solution is not with lawyer. Because system is not functioning the way its should .Police directly wont do anything. No power The Local authority Municipal Corp or development authority as case may be,can only take action.they have a police cell for this purpose. Population is one more cause .No place to do business. Can see rehdis everywhere on main road footpaths. In most housing societies as you named encroachments are numerous since it is again vote politics, caste equations .Biharis uttarakhandis Punjabi and so on. result nothing happens only things go for bad to worse. In fact society has no powers. Unless in emergency for security of buildings. Society management people cant be given role of district administration.So you have to work out the things with planning and then go for action.s 133 Cr C can be made out .Even you concerned District magistrate (collector )can order closure on simple complaint.So have a try

Dr J C Vashista (Expert) 25 April 2019
Move in a complaint case with local police station to be followed by lodging a court complaint u/s 200 Cr PC, impleading the municipal authorities, society and landlord through a local prudent lawyer.

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P. Venu (Expert) 25 April 2019
If there is sufficient cause, you have the option of initiating a civil action. The society management as well the landlord could be the additional defendants.

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