Noise and sound pollution
amrit
(Querist) 08 June 2013
This query is : Resolved
Respected Experts, I purchased a flat two months back, which is a corner upper ground floor flat. As the flat is on the opposite side of the road, therefore, there is a 25 Ft. empty space left by the builder between boundry wall and the flats facing the boundry wall and the balconies of these flats face this empty space or green belt for only fresh air inlet-outlet. but now the president of the society has ordered two 125 KVA gen sets installed on this empty space. which are within 20 ft from my bedrooms and 15 ft from balcony. the exhausts are facing my bedrooms. the president of the society says that this land is common land and can be utilised for public purposes, whereas, i think the place falls under limited common land as per the punjab property and apartment rules 1995. even otherwise, the gen sets are used for street lighting and other public utilities and are on when there is power cut, as such, i can't sleep in my own house due to noise and it is also hazardous due to air pollution with diesel combustion.
please suggest what legal options I have. I have reported the matter to SDM, MC, Pollution control board, Forest dept for illegally cutting of trees from this space etc. but I know there shall be no action on complaints as usual because this is punjab.
hence, I want to move to the Hon'ble High Court, but prior to that I want to be fully armed with the legal provisions and know my legal rights. please guide me.
thanks,
samra
Raj Kumar Makkad
(Expert) 08 June 2013
If you are so hopeless then what is the use to get advice from us?
Section 133 of criminal procedure is an effective tool but you already have thought that nothing shall materialize then you yourself think the only remedy and apply it.
amrit
(Querist) 08 June 2013
No sir, i did not say that i am hopeless, but the govt. departments are hopeless since one month. I dont want to prefer Section 133 CrPC. i want to move to Hon'ble High Court. But I want to be fully armed about the legal provisions in this regard.
Raj Kumar Makkad
(Expert) 08 June 2013
Under which provision, you want to knock the doors of high court?
amrit
(Querist) 09 June 2013
Mandamus, if possible for seeking stay on the operation of gen sets from 20 ft from my bedrooms. as the whole process shall take time and I cant be subjected to inhale toxic gases and live sleepless night till then.
what are the provisions of pollution control in ths regard. please guide me,
Rajendra K Goyal
(Expert) 09 June 2013
For stay you should approach local court having the jurisdiction in the area.
amrit
(Querist) 09 June 2013
what legal points should I raise???????
prabhakar singh
(Expert) 09 June 2013
Mandamus, if possible for seeking stay?
Would not lie against CHS unless you represent before Assistant/deputy/Registrar
and get denied of relief and make all of them party in the writ.
A civil suit can never be a remedy by a member of CHS against CHS as the same would
be found barred by law if due diligence is done before opening any door uncalled for.
amrit
(Querist) 10 June 2013
Then what should be my next step respected Prabhakar sir, and where should i represent first?. kindly also clarify if CHS is cooperative housing society or anything else.
V R SHROFF
(Expert) 10 June 2013
CHS = cooperative housing society nothing else.
amrit
(Querist) 11 June 2013
respected sirs,
i already know that i must approach SDM's Court first and bla-bla. I think i failed to make my point or request clear, hence i am trying to make my reuest once again,
what i am asking for is legal provisions and the points which can be raised in the petition. kindly suggest me that thing iff possible, i already have enough experience to know where should i go first.
hope i shall be helped with legal points regarding noise and sound pollution.
with regards,
samra
amrit
(Querist) 02 July 2013
and what about moving consumer court, after all i have purchased a certain thing with certain terms and conditions, and also paid Govt. hefty taxes, still paying Rs, 1000/- pm to societ as maintennace,but what for? certainly not for intalling disel gen sets at the very doors step of My bedrooms. kindly giude me through
Raj Kumar Makkad
(Expert) 02 July 2013
Move to cooperative court instead of consumer fora.
ajay sethi
(Expert) 02 July 2013
you have to move the cooperative court as flat is in a cooperative society .you want reliefs against the society .contact a local lawyer
prabhakar singh
(Expert) 02 July 2013
You can not move to CONSUMER FORA.
You are member of CHS(cooperative housing society)and law requires you to move to
Assistant/deputy/Registrar cooperative societies to settle disputes between a member and a cooperative housing society.
When you lose there only then think of a writ in HIGH COURT.
You are member and not consumer of the CHS.
Sudhir Kumar, Advocate
(Expert) 02 July 2013
CHS is a cooperative body and not a Govt body.
BUT
the Govt deptts are not taking action on complaint (whom you are not approaching considering them to be hopeless) are within writ jurisdiction.
You have not even reported to local thana.
amrit
(Querist) 03 July 2013
thanks a lot sirs, I have already reported the matter to all concerned departments. the forest dept says, it cant interfere the lend being in co-operative society. The pollution dept neither answered my complaint nor application under RTI, the MC reply to RTI is awaited and the complaint went unheard. The deputy commisioner and SDM did not pay any heed to my complaints as is usual in punjab. ya I have not reported the matter to Police.
Sudhir Kumar, Advocate
(Expert) 03 July 2013
then do not report to the police.
This forum cannot help in this case.
If you have not even reported to thana then how do you expect the High Court to entertain the Writ Petition against Police.
In punjabi it is said "tobbey da paani minsee jao"
Raj Kumar Makkad
(Expert) 03 July 2013
THEN finally you g to high court in the writ.
amrit
(Querist) 04 July 2013
But sudhir Kumar Ji, what cause of action lies with the police. it is a civil case not criminal, as per my knowledge, hence I didnt report the matter to the police. I may be wrong, but I have reported the matter to every concerned department including Forset department against cutting off of trees for installing gen sets at my backyard by the society. therefore kindly guide me how and what should I report to the police. However, I have decided to go to the Co-operative Court first instead of High Court Now, can I move the SDM's Court u/s 133 IPC simultaneaously????Kindly guide.
with regards,
amrit
(Querist) 04 July 2013
it is a very long process, I was hoping to find out some shorter route and in the meantime was reporting the matter to all concerned authorities and filing applications under RTI Act. in order to obtain rules regarding the apartments, common and limited common land and installation of gen sets in residential colony. dont you respected experts think that pollution department has a cause of action in this and can be dragged into court for letting the violations committed and taking no action as per rules, when the matter stands reported and can be verified.
V R SHROFF
(Expert) 04 July 2013
Advised a lot. Now start with it.
Move Registrar/ co-op court/
Sudhir Kumar, Advocate
(Expert) 04 July 2013
you want a shorter route. You also know about S/133 Cr PC. Law does not have any shorter route than this one.
prabhakar singh
(Expert) 04 July 2013
Lagta hai ki janabe ali ko kisse maen samazhne ki aaadat hai.
mere birth village k pass ek gaon hai jiska naam salahabad hai.
main bachpan se hi bada inquisitive thaa.
maine apne baba ji se poocha iska naam salahabad kyon pada.
vo bole yeha ek bar aag lagi thi tab saara gaon salah karta rah gaya ki aag kaise buzhayee jai.Koowan khoda jaye ya talab se paani laya jaye vagairah vagairah, natijan gaon jal kar bhasm hogaya.
Uske bad jo doosare log base tab unhone uska naam salahabad rakhdiya .
Theek hai ya kuch aur.
Raj Kumar Makkad
(Expert) 04 July 2013
Ye slahabad mhashye shayad hi samjh payain uprokt gambhir slah ko.......
amrit
(Querist) 04 July 2013
I have got reply from the president of my society, wherein he says that they are authorised to install gen sets where they as per the Hon'ble Supreme Court Ruling, provided by the Manufacturer. i fail to understand, what court order can allow two 125 KVA gen sets to be installed at the very fresh air inlet outlet of a flat just 15 ft away from the bedrooms of the said flat.
kindly enlighten me if anyone knows anything about it, your comments are invaluable in the preparation of petition.
