3 Answers
Dear Client,
In case the second-floor tenants engage in goldsmith and manufacturing operations resulting in too much noise, vibration, and disturbance in a structure identified as a dwelling house, you can opt for more than filing a police report against such behavior. You can lodge a complaint in writing to the concerned municipal corporation asking for enforcement of the rules relating to building use and determining if such business operation is legally allowed in the building. You can also go to the concerned civil court to seek a permanent injunction to prevent such nuisance and lodge a complaint to the pollution/noise control authority if the noise levels exceed the permitted level. You can also save copies of your previous police complaint, along with pictures and videos.
I hope this helps and if you have any further issues do not hesitate to contact us.
Dear Sir,
The police are correct to the extent that they may not treat every noise-related complaint as a criminal offence requiring registration of an FIR. However, the police cannot simply refuse to act if the activities amount to a public nuisance, create a breach of peace, or violate applicable noise control laws. You may submit a detailed written complaint to the Officer-in-Charge of the police station and also to the higher police authorities, explaining the nature of the disturbance, the use of vibrating machinery, and the impact on your daily life and the studies of your children.
Since you have stated that the building is registered as a dwelling house under the relevant provisions of the municipal law and is approximately 100 years old, you should also approach the concerned Municipal Corporation. If the premises are being used for commercial manufacturing activities without the necessary permissions or in violation of the sanctioned use of the building, the municipal authorities may have the power to inspect the premises and take appropriate action. You should request an inspection and verify whether the occupants on the second floor possess the required licences and permissions for carrying on such activities.
Dear Client, your complaint is a distinct breach of both the KMC Act and the general law prohibiting nuisances. The police department incorrectly classifies your complaint as being a civil matter when it is plainly both.
Of paramount importance in your issue is that the property has been registered for use as a dwelling under section 416 of the KMC act, and the operation of your commercial goldsmith's business using vibrating machines and hammers in a property that is registered for use as a dwelling constitutes a clear violation of the KMC act.
File a formal written complaint with the Kolkata Municipal Corporation's Building Department and Health Department, specifically citing section 416 and requesting inspection and action against the unauthorized commercial use of a dwelling house. The KMC has power to seal, stop, and fine operators carrying on commercial or industrial activity in buildings registered for residential use.
Simultaneously, since the police said it is a civil matter, write a formal complaint to the Deputy Commissioner of Police of your area stating that the police station has refused to act on a noise pollution complaint that is a cognizable matter under the Noise Pollution (Regulation and Control) Rules, 2000 and under section 268 of the BNS which talks about public nuisance. The permissible noise level in residential areas is 55 dB during day and 45 dB at night under these rules, and industrial hammering equipment in a residential building almost certainly exceeds this.
Additionally, since the building is 100 years old, the vibration caused by the hammering and vibrating machines poses a structural risk to the building. I will advise you to file a complaint with the KMC's building department seeking structural inspection and emergency measures. Courts have taken very seriously cases where commercial operations in old residential buildings have caused structural damage.
I hope this helps, and if you have any further issues, do not hesitate to contact us.