Response

running a flour mill in residential area is illegal as it creates nuisance to the public. To run a mill you need to get licence from Municipality, Electricity dept etc. First ascertain whether the mill owner had obtained any license from Muncipality. If you didn’t get any responce then apply under RTI Act and get information. Based on the information you have to proceed legally.

A public nuisance created in a public setting or on public land, or affecting the communityÕs morals, safety, or health, is considered to be a state offence. Public nuisances include activities such as obstructing a public road, polluting air and water, operating a prostitution house and keeping explosives.

any unlawful obstruction or a nuisance should be removed from any public place or from any place used by the public; or

conduct of any trade or occupation, or the keeping of any goods, is injurious to the health or physical comfort of the community, such trade or occupation should be prohibited or regulated or should be removed or the keeping be regulated;
construction of any building, disposal of any substance which is likely to occasion conflict or explosion, should be prevented or stopped;

that any building, tent or structure, in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by and therefore repair or support of such building, tent or structure, or the removal of support of such tree, is necessary;

that any tank, well adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public;
any dangerous animal should be, confined or otherwise disposed of.

such Magistrate may make an order requiring the person causing such obstruction or nuisance/ carrying on such trade or occupation or keeping any such goods owning, possessing or controlling such building, tent, structure, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order as:

remove such obstruction or nuisance;
desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods, or to regulate the keeping thereof in such manner as may be directed;
to prevent or stop the construction of such building, remove, repair or support such building, tent or structure, or to remove or support;
fence such tank, well or excavation;

destroy, confine or dispose of such dangerous animal in the manner provided by law.

Reference: Section 268 in The Indian Penal Code
268. Public nuisance.ÑA person is guilty of a public nuisance who does any 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. A common nuisance is not excused on the ground that it causes some convenience or advantage.

202100369-20210043-12475

LAWAYZ-2023-354