Legal Question in Environmental Law in India

Re: Noise pollution

This is fit case for nuisance.

Section 91 of the Code of Civil Procedure, 1908 regulates the public nuisance, which is reproduced below:---

91. Public nuisances and other wrongful acts affecting the public.

2[(1) in the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted,-

(a) by the Advocate General, or

(b) with the leave of the Court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act.]

(2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions.

1. Subs. by Act No. 104 of 1976, sec. 30 for the former heading (w.e.f. 1-2-1977).

2. Subs. by Act No. 104 of 1976, sec. 30 for sub-section (1) (w.e.f. 1-2-1977).

Consult local lawyer before taking decision.

Re: Noise pollution

You may consider making appropriate representations to the following authorities making a request to inspect the premises and stop nuisance :

(a) the local municipal authorities

(b) the State Pollution Control Board;

(c) The Chairman, Central Pollution Control Board, East Arjun Nagar, New Delhi.

(d) The Union Minister of Environment, Government of India, CGO Complex, New Delhi.

(e) The Local Police.

If you do not get adequate response within thirty days of making the representations, you may file a criminal/civil case in the local courts of your area.