Nirmalya Roy Guest
Asked July 17, 2016

nuisance

  • 1 Answer
  • 205 Views

Hi Sir, I live at Kolkata. It's my own apartment at 2nd floor in a stand-alone building. The ground floor has a fast food center, which is creating nuisance for the last 11 plus years. The pungent smoke that emanates from the shop reaches our apartment and suffocates us. So far the shop operated from around 6 pm to 11 pm. Recently, they have stated making tanddori,tikka in the afternoon and emanates smokes of burnt chicken. All our request to the shop owner was of no result. It is getting difficult to live here. Please advice.

Answer 1

From the facts of the case, it is evident that you are facing some serious problems in living at your 2nd Floor of your apartment. Since you also own the apartment at 2nd Floor, you have every right to enjoy it and live in a healthy and pollution free environment.

Your remedy in the present case would be to first talk to the owner or contractor of the Apartment, narrating him the entire details of problems faced by you. Further, I would suggest you to go with the other occupants of the Apartment, since it would create a more positive and immediate effect. It is most likely that that the Fast Food centre opened at the ground floor is given on a contractual basis and the contractor or owner would listen to your demands.

In worst case, if your contractor or owner does not listen to your problems on a repeated basis then you may file a civil suit in the District Court of your local jurisdiction both against the contractor as well as the Fast Food centre’s owner, requesting the court to immediately stop the said shop as its creating a public nuisance towards the residents of the apartment and hence the said activities be immediately stopped.

Further, the court may also ask you as to why you have not complained from the last 11 years, since he has been operating from the same place for the last 11 years. You must convince the judge that the activities were not as disturbing as it has become now and hence it became imperative for us to approach the court.

This is a very simple case of public nuisance, covered under law of torts and hence you would get relief in the form of compensation from the contractor or owner of the building and/or with the immediate stoppage of the Fast Food shop from operating in the residential building.

From the facts of the case, it is evident that you are facing some serious problems in living at your 2nd Floor of your apartment. Since you also own the apartment at 2nd Floor, you have every right to enjoy it and live in a healthy and pollution free environment.

Your remedy in the present case would be to first talk to the owner or contractor of the Apartment, narrating him the entire details of problems faced by you. Further, I would suggest you to go with the other occupants of the Apartment, since it would create a more positive and immediate effect. It is most likely that that the Fast Food centre opened at the ground floor is given on a contractual basis and the contractor or owner would listen to your demands.

In worst case, if your contractor or owner does not listen to your problems on a repeated basis then you may file a civil suit in the District Court of your local jurisdiction both against the contractor as well as the Fast Food centre’s owner, requesting the court to immediately stop the said shop as its creating a public nuisance towards the residents of the apartment and hence the said activities be immediately stopped.

Further, the court may also ask you as to why you have not complained from the last 11 years, since he has been operating from the same place for the last 11 years. You must convince the judge that the activities were not as disturbing as it has become now and hence it became imperative for us to approach the court.

This is a very simple case of public nuisance, covered under law of torts and hence you would get relief in the form of compensation from the contractor or owner of the building and/or with the immediate stoppage of the Fast Food shop from operating in the residential building.

Agree Comment 0 Agrees about 1 year ago
Consult Now

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.

b433a604d59174713bd6aba3d95f3f9c
Need to talk to a lawyer?
Book a phone consultation with a top-rated lawyer on Lawfarm.

Call A lawyer