Legal Question in Environmental Law in India

Noise pollution residential

I am a resident of Mumbai and my apartment on 2nd floor is undergoing refurbishment for the past 8 months (which invloves refitting of tiles, wall painiting and carpentry work).

Recently we have started doing the ''carpentry work'' which involves building of beds, wardrobes from scratch. The cutting of ply and installing the furniture is being done in our flat itself. Our immediate downstairs neighbour(on the 1st floor) is having issues with this work being carried out - complaining of ''excess noise''. The carpentry work is being carried out for a month now between 11am to 7pm with a break between 2pm to 4pm (so that neighbours can have a sound sleep if they want to). This was agreed between the neighbours before the start of the work. The work is hope to get finished within a month or so.

Can you please provide any legal aspects on this work and any noise regulations which applies to such a situation?

Thank you in advance.


Asked on 3/11/06, 7:37 am

1 Answer from Attorneys
Mahesh Gupta Medico-legal Advocates and Consultants

Re: Noise pollution residential

Legal aspects can be in relation to actual or potential litigation against you.

ACTUAL LITIGATION�None, so not applicable.

POTENTIAL LITIGATION�Unlikely, but discussed below:

Somebody files a police complaint against you�Police will ask him to forget about it and won�t know what to do. At the most, they may ask you and the complainant to discuss and compromise.

***

Somebody files a case in civil court seeking injunction [stay] against you�Unlikely that anybody will pay a lawyer for doing so, especially when the chances of the case being decided against you are bleak.

Dr.. M C Gupta,

M.D., LL.M.

Advocate

[email protected]

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Answered on 3/11/06, 8:39 am


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