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Commercial activity in residential area

(Querist) 10 March 2014 This query is : Resolved 
hi,
i'm from Jaipur we have JDA Jaipur development authority,Nagar nigam
commercial activity Of iron bars and construction material is going on in residential area.It has created lot of havoc for the people in the society with its day and night activities as well as misbehavior of lower class have disturbed the residential surroundings. They create a lot of nuisance in the society and working on a large scale by which there is so much of rush of trucks and commercial vehicle in the society for the purpose of loading and unloading of iron bars is causing problems and pollution in residential society. This all activities are disturbing the day to day life of us as well as become very unsafe for children.
When we talk to them about their misconduct of doing commercial activity, they used abusive language to us and also replied that they have good connections which will look the matter and will help us in their best possible manner.i have problem of mi-grain.so all the time i have headache due to there activity.

i'm individual common man can u please tell me to whom i will complain so it will be stopped
thanks in advance
P. Venu (Expert) 10 March 2014
The details reveal construction, not commercial, activities.
Dr J C Vashista (Expert) 10 March 2014
Engage/contact a local lawyer and file a suit against public nuisance.
malipeddi jaggarao (Expert) 10 March 2014
If it is construction activity and they obtained necessary permissions, one has to bear the temporary nuisance.
Digging of bore-well during night time will mar the sleep of neighbours, but it can not be done during the day time. Like-wise in a society, you will have bear tolerable nuisances. If you go on complaining for everything there is no end and you will end up with following up of such complaints.
Devajyoti Barman (Expert) 10 March 2014
Yes, you have to bear till the construction is over. For your discomfort construction works can not be stopped.
Rajendra K Goyal (Expert) 10 March 2014
Agree with the experts.
aarti (Querist) 10 March 2014
they put gowdam of tmt irons bar...
daily truck come and unload the iron bars...and then he supplies all over....
its gowdam they put.
its not construction they made office of tmt iron rods
ajay sethi (Expert) 10 March 2014
they cannot carry on work at night . generally ,muncipal corporation lay down timings when work can be carried on . make an application to corporation as to permission granted for construction activity and terms and conditions laid down . if no reply received file writ petition in HC
P. Venu (Expert) 10 March 2014
It appears you are living in an ivory tower and are averse to the hassles of life.

The apartment you are presently staying has been constructed by the 'low class' in the same manner.

Perhaps, you can have better understanding if you can spare time visit the living conditions of the construction workers whom you have sought to despise as 'Low Class'
Biswanath Roy (Expert) 10 March 2014
Submit a mass petition before your area BIDHYAK and Chairman of the Municipality.
R.K Nanda (Expert) 10 March 2014
agree with experts.
aarti (Querist) 10 March 2014
sir my PROBLEM is our neighbors open gowdam of tmt bars { sariya } so they trade from there.so in night they have big truck coming.....and in day time they supply it .....they open gowdam cum office

Hi, We are staying in Jaipur. There was vacant land adjacent to my house. Few weeks back, owner of vacant land has started business activity of iron bars (Sariya) in the vacant area. its a gowdam of sariya [ tmt bars ].The noise created by loading and unloading of heavy iron bars during day as well as night hours is very disturbing and irritating. The family members are complaining of headache and elderly people are not able to take any rest during day. The noise is not subsidizing even after closing Windows. Whom we can approach and what can be done in this case? Is such a disturbing and noisy activity allowed in a residential area? The ruling authorities of my city are Jaipur Development Authority, and Nagar Nigam. Please let us know how we can approach this issue. Thank you for your help.
he is very approachable person and said us "do whaterver u want, i'll not stop this"
kindly help me
Sudhir Kumar, Advocate (Expert) 10 March 2014
contact municipality
Devajyoti Barman (Expert) 10 March 2014
You can file complaint with Pollution Control department. Sound pollution is also a social menace.
Biswanath Roy (Expert) 10 March 2014
Good opinion from Learned Mr. Devajyoti Barman. But submit a mass complaint at least 10 in numbers to Pollution Control Board. If they do not give any relief file a Writ petition under Article 226 of the Constitution of India in the High Court for redress.
Raj Kumar Makkad (Expert) 10 March 2014
You shall have to bear such construction activities till it gets completed. The process of construction is same is whole world.

You have no legal issue.
aarti (Querist) 11 March 2014
mr. raj kumar sir,
its not construction....they put GOWDAM OF TMT BARS {sariya}
they trade from our neighbor.....big trucks comes in night unloaded tmt bars..
then morning he supplies in tractors,pickups etc.
Biswanath Roy (Expert) 11 March 2014
Some experts dealt with the query in a cavalier manner that is why they understood it as new construction works going on while the problem created by the godown of TMT Bars and its loading and unloading
T. Kalaiselvan, Advocate (Expert) 11 March 2014
If commercial activities are being carried out in the area meant for residential purpose, you can file an injunctions suit against the erring traders seeking direction of the court to restrain them from carrying out such activities besides making a written complaint to authorities namely: Municipal commissioner, Pollution control Board etc.
aarti (Querist) 11 March 2014
@Biswanath Roy yes u understand the problem sir.
i went to police also.give my complain to munispal corporation and jaipur development authority
but no action taken yet
Biswanath Roy (Expert) 11 March 2014
The complaint as alleged of does not come under the Police Act. Whereas, it comes under the Municipal Act and Pollution Control Board.
malipeddi jaggarao (Expert) 12 March 2014
Mass representation to Pollution Board and if no relief comes in reasonable period, Writ petition as suggested by experts is the remedy.
Dr J C Vashista (Expert) 12 March 2014
I stand by my opinion.
aarti (Querist) 14 March 2014
hi T. Kalaiselvan,
i think u r right, i give written application to all municipal, as well as JDA . and in police also no action taken yet
cuuld u plz tell me process to injunctions suit against the erring traders
so that i'll follow it.

thanks


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