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Neelakandan.N (NA)     13 October 2010

Accumulation of waste near my house

Dear all,

   I have been living near by Ford showroom for the past  7 yrs. The water and oil waste which got accumulated in the water service section is oozing out inside my  house's compound wall. The waste comprises of dirt, water and oil. It has become very smelly and toxic and we are not able to tolerate the smell any more. I have requested the showroom manager to take action many times but in vain.

My intention is that the showroom  which is an iso 9001 co. need to regret for this action and compensate for the damage happended to the compund wall and the nuisance caused.

Please suggest me the procedures involved legally to make it happen.

 

regards,

Neelakandan.



Learning

 2 Replies

Suchitra. S (Advocate)     13 October 2010

Sir, I advise you to send a legal notice to that showroom owner and then file a case under S.133 of CrPC for creating nuisance. In the mean while, you can file an injunction suit against them for immediate relief also. You please contact a lawyer and they will help you out. 

1 Like

(Guest)

 

Dear Neelakandan.N

yes,send legal notice and if not remove file case of nuisance under sec.133 of crpc

Go to wbcseoa.org/wbcseoa/PPT/Part-3.ppt    you find usefull info.

The object and purpose behind Section 133 of the Code is essentially

to  prevent  public  nuisance  and  involves  a  sense  of  urgency  in  the  sense  that  if  the

Magistrate fails to take recourse immediately irreparable damage would  be done to the

public. It applies to a condition of the nuisance at the time when the order is passed and it

is not intended to apply to future likelihood or what may happen at some later point of

time. It does not deal with all potential nuisance, and on the other hand applied when the

nuisance is in existence.—State of  M.P. vs. Kedia Leather & Liquor Ltd.  & Ors.,  2003

CrLJ 4335 (SC) = AIR 2003 SC 3236 = 2003 (7) SCC 389 (SC) = 2003 (7) JT 370 (SC)

= 2003 (6) Scale 736 (SC).


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