A school is within residential area and is causing nuisance in the form of loud noises, the applicant wishes to seek legal remedy against the school.
As per your query, a school in a residential area is a perfect valid law. It depends on what type of inconvenience is being caused to you. Depending on the inconvenience, you have an option to file a suit before the civil court as law of torts provides for such inconvenience being caused to private or public as whole. However, this must not be unreasonable.
If the school is causing severe traffic jam or certain activities are being conducted such as loud noises or pollution then this amounts to Nuisance under law of torts. We all have the right to peaceful enjoyment. This tort of nuisance arises where there is an unreasonable or undue interference in oneÕs peaceful enjoyment of something by another.
Thus, for this, one must file for injunction, if it has not already done in the past. Order XXXIX | Rule 1, 2, 2A, 3| Code of Civil Procedure, 1908 can be filed to sought temporary injunctions. A suit for damages could also be filed.
The law of nuisance is an uncodified law, so one can’t determine the outcome of filing a case. Nonetheless, if the school is causing severe inconvenience, then it advisable to go for this legal remedy i.e. filing for nuisance which is also given by Indian Penal Code, 1860 under Section 268.
Reference: Section 268
Indian Penal Code, 1860
Section 268 of the Indian Penal Code, defines it as Òan act or illegal omission which causes any common injury, danger or annoyance, 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.Ó
Order XXXIX, Rules 1, 2, 2A, 3
Code of Civil Procedure, 1908