Can any type of industrial factory run in a residential area,if not then what are the legal actions taken against the illegal action.?

Response

Under residential: No such industry is permitted to operate. It is only cottage industries like coir, knitting etc without using heavy machines for the work. Therefore, if your area is classified in residential or mixed residential, then the industry can be evicted.

We believe that the option available to you is to register a complaint for noise pollution before the Pollution Control Board or register a complaint for noise pollution and public nuisance in the nearest Police Station and immediate action shall be taken.

Public Nuisance has been defined under Section 268 of the IPC:

“A person is guilty of a public nuisance who does not act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.”

rked over the menace of unauthorised industrial units running in residential areas here, the NGT had earlier directed the centre and the Delhi government to close all such units immediately. The green panel had directed the Delhi government to ensure implementation of a 2004 Supreme Court verdict, ordering the closure of industrial units in non-conforming areas and had ordered discom BSES and Delhi Jal Board, to immediately cut electricity and water supply to such units.

ndustrial activities in residential area is prohibited as per law even society permits to carry the same and further no authority can granted the permission to carry such type of work from residential area.

For removing unauthorized work , which creating nuisance to the public ,you should ::

1.. File complaint to Pollution Control Board of your city

2. File Police complaint for Public Nuisance of your area or to the SDM.

3.You can file a suit in the court to get restrained order against the illegal work of furniture

3. File Writ petition in Court, if all the authority fails to stop the nuisance or pollution

You should start from any one from the above to stop the said activities.

As you are residing in Saudi Arabia , even though you can lodge complaint against the same from there as well or through any person residing in your home town.

Reference: Public Nuisance has been defined under Section 268 of the IPC:

“A person is guilty of a public nuisance who does not act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.”

202100256-20210007-2101

LAWAYZ-2023-311

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