Tuition nuisance
jayesh
(Querist) 14 March 2013
This query is : Resolved
The bldg in which i stay is grd+4 storeys
My next door neighbour who stays on 1st floor gives grp tuts to students everyday for abt 5 to 6 hrs.
when the students enter her house, the chairs /stools bang against the common wall of our flats several times therby startling me as my seating area is close to the common wall.
at times this nuisance goes on upto 2 hrs thereby hindering my work. I wud like to knw as to whether my neighbour can give tuts without taking the NOC from me(neighbour) and also the society ?
Devajyoti Barman
(Expert) 15 March 2013
For giving tuition one need not take NOC from others. Normal noise is common.
However if the noises re deafening of if it created nuisance you may take help of civic authorities.
prabhakar singh
(Expert) 15 March 2013
If It is so it may be called to be PRIVATE Nuisance which is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation. A private nuisance is a civil wrong; it is the unreasonable, unwarranted, or unlawful use of one's property in a manner that substantially interferes with the enjoyment or use of another individual's property, without an actual Trespass or physical invasion to the land.Examples of nuisances interfering with the comfort, convenience, or health of an occupant are foul odors, noxious gases, smoke, dust, loud noises, excessive light, or high temperatures. Moreover, a nuisance may also disturb an occupant's mental tranquility, such as a neighbor who keeps a vicious dog, even though an injury is only threatened and has not actually occurred.
To restrain such a private nuisance a suit of injunction may lie in civil court.
ajay sethi
(Expert) 15 March 2013
yes he can use his house for tutions . dosent need society approval . the neighbour is staying in said flat hence he can use it for tutions
Vijyant Nigam (09807349001)
(Expert) 16 March 2013
NOC is not needed.
first discuss the problem with the neighbor. if problem persists, raise the same before the society authorities. Conduct meeting.
if everything fails then give a legal notice which would be followed by a civil suit.
