Query from Rajesh Kane

I am staying in commercial cum residential premises (5 year old) in an otherwise peaceful residential area. There are 2 coaching classes that operate in the premises one of them came up about 15 months back. There is lot of noise pollution caused to the residents especially those staying above the coaching premises by the sound system. Apart from this there are lot of other nuisances caused by the students shouting after classes, parking on the both sides of road making difficult for vehicular traffic to move.

All the residents in the premises as well as those staying in surrounding areas are upset and helpless because the commercial premise owners don’t co-operate with any request. This also include the senior citizens, any patients who have to live with the pain. Can you advice as to what are the options available with residents to stop the menace.

I C Naik

If a group of citizens (not doing business ) are suffering inconvenience because of some other citizens are doing business in the same premises presumably not in an illegal manner, how can they be stopped when the Constitution of India guarantees freedom of doing business in accordance with law. So the suffering group of citizens must take recourse to law that is file a complaint to Police that the Tuition Classes are a nuisance to public as what they are doing is illegal including “No Parking”, “Noise above permissible decibel” flouting other norms/disciple imposed while giving permission to do business or profession as these are not carried out without such legal hindrances despite it is a fundamental right.  Police will make preliminary enquiries to see if it is a matter needed further investigation and may ask you to file an FIR.

In case you are taking about the Tuition Classes in Cooperative Society then what you need to check is whether the Committee has by its resolution allowed such classes and whether bye-laws also impose any conditions etc.

 

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