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Noise nuisance in shop premises

(Querist) 11 March 2012 This query is : Resolved 
Dear Sir,

There are couple of shops in our buidling premises which make noise throughout the day, some times late evenings and also on weekends. We as well as the shop owners are registered owners of our flats and shops respectively. The shop owners have flatly refused to stop the noise making workshops. We are in the midst of society formation the society should be registered with the co-operative body of maharashtra goverment within a month or two. Our query is which is the correct forum to lodge the complaint against the noisy workshops below our residential flats? also what are the norms regarding noise guidelines for residential zones. Pls advise. Regards.
V R SHROFF (Expert) 11 March 2012
wait till management is handed over to Society, Then pass resolution and take action.
mahendrakumar (Expert) 12 March 2012
there are central govt guidelines regarding noise pollution exceeding certain decibel levels etc.

make a complaint to the nearest police station.
adv. rajeev ( rajoo ) (Expert) 12 March 2012
I agree with mahendrakumar. You can also file a suit for injunction.
Raj Kumar Makkad (Expert) 12 March 2012
One your management is formed, you may move to SDM under section 13 criminal procedure code to get the noise pollution stopped.
V R SHROFF (Expert) 12 March 2012
Even Municipal corpn declare it residential area, closing workshop.
Nouise being nuisance, Municipal & Court, both have right to stop.
An individual can also move.

If Regd Soc, it can move faster , smoothly,
Deepak Nair (Expert) 12 March 2012
Agree with Shroff Sir.
dev kapoor (Expert) 12 March 2012
Hi
S.133 Cr.P.C. speaks about removing 'nuisance from a public place.The language '(a) That any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel, which is or may be lawfully used by the public' are of vital importance,therefore this being a private premises , I am afraid,section 133 cr.p.c has no application.I say so with due respect to the opinion expressed by the concerned expert.However provision of " Pollution Control Act" are applicable in addition to the guidelines referred to by mr.mahendrakumar.


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