Legal Question in Environmental Law in India

Noise Pollution Residential Construction

We are residents in Mumbai. My house is being renovated. We are re-tiling as well as breaking some walls as they were weak. The 1st floor neighbour says he is disturbed by the noise. He is demanding that we do not work on Sunday and Mon-Sat we give the workers 1 pm to 3pm off. Else he threatens to call the police.

Do the police have any authority over this? Can we be taken to court? How serious is this threat?


Asked on 8/17/08, 3:55 am

2 Answers from Attorneys
Mahesh Gupta Medico-legal Advocates and Consultants

Re: Noise Pollution Residential Construction

A person can be taken to court in 2 ways--

1. Criminal action [Usually by way of police complaint]--You do not seem to have committed any violation that would attract Indian penal Code. [It is presumed that the renovation has permission from the municipal authorities as necessary].

2. Civil action--There does not appear to be violation of any civil law or any of your neighbour's constitutional rights. If at all your neighbour wants to bring civil action, whether likely to succeed or not, he will have to spend, maybe, Rs. 10,000 as lawyer's fees before the case is filed in the court.

SUMMARY-- There is unlikely to be any legal action against you.

M C Gupta

Advocate

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Answered on 8/17/08, 5:06 am
Nasir Butt Nasir Law Associates

Re: Noise Pollution Residential Construction

Seemingly no civil or criminal case is made out against you as per facts given.

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Answered on 11/06/08, 8:39 am


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