Complaint To Sho

COMPLAINT TO SHO
XYZ society
ABC city,
June 20, 2020
The SHO
The ABC Police Station
Subject - Complaint regarding nuisance created by neighbors.
Sir,
I kindly oblige you to draw your attention in our gist. I am writing this letter to
my agony and annoyance over the problem of nuisance created by the child of
Mr. A by playing drums daily and loudly around 5 PM and is continuously playing
since few years. It is one of the causes of noise pollution too. I have asked Mr. A
several times to ask his child not to create nuisance and stop playing drums as my
children are not being able to study. My other neighbors have also complained
about this incident to Mr. A as they are suffering from heart related ailments.
Despite of several requests and responses, Mr. A is not stopping his child from
playing drums. I request you to kindly look into the matter and we will be waiting
for your actions as reply.
Thanking You,
Yours truly,
Mr. B
NOTICE REGARDING NUISANCE
Mr. B
XYZ Society,
Date- June 20, 2020
Mr. A
XYZ Society,
Re: Noise Complaint
Dear Mr. A,
I am writing formally to request you to kindly pay head to our concern. I am letting
you know that noise from your property has causing me a problem. In fact I asked you several
times to ask your son not to create nuisance and stop playing drums as my Children are not being
able to study. Despite of my several requests and responses, nuisance has not been stopped yet. I
kindly demand you for immediate stoppage of such activities. I would like to elaborate the legal
aspects of noise pollution and bring notice to you:
The enjoyment of life and its attainment and fulfillment guaranteed under Article 21 of The
Constitution of India embraces the protection and preservation of nature’s gift without which
life cannot be enjoyed. The slow poisoning by the polluted atmosphere caused by environmental
pollution and spoliation should also be regarded as amounting to violation of Article 21 of the
Constitution. Also Article 51 A (g) and Article 48 A talks about protection and improvement of
environment.
Under Section 268 of The Indian Penal Code,1860 People by any offensive means corrupt the
air or by any means cause loud and continuous noise – and thereby cause injury and annoyance
to those dwelling in the neighborhood in respect of their health or comfort and convenience or
living are liable to prosecution for causing public nuisance. Noise nuisance can also be
punishable under the provisions of Section 290 of the code which prescribes a punishment which
may extend to two hundred rupees for those cases of nuisance not specifically covered under the
code.
Provisions under Section 133 of the Criminal Procedure Code 1973, the magistrate has the
power to make conditional order requiring the person causing nuisance including that of noise to
remove such nuisance.
Provisions under Section 91 of The Civil Procedure Code provides that in case of public
nuisance or other wrongful act affecting or likely to affect, the public, a suit for a declaration and
injunction or for such other relief as may be appropriate may be instituted.
Noise pollution is actionable if it amounts to nuisance, and then Action for the Tort of
“Nuisance” can lie. Now it has been completely established by scientific research that excessive
noise can cause physical and mental injury, directly affecting the health of a person. So excessive
noise can be treated as a form of assault and battery in the law of tort and action for that must be
upheld by the courts.
Noise pollution can result in the violation of the rights of the child which is not only a human
right violation, but also a violation of the Convention on the Rights of the Child, 1989 since
India is a party to it.
The most important legislation relating to the protection of environment in India is the
Environment (Protection) Act, 1986. Even though noise pollution is not directly defined as an
item of environment pollution, Section 6(b) read with Sections 2(b) & 2(c) clarifies that noise
is an environmental pollutant' The same was included in the Air (Prevention and Control of
Pollution) Act, 1981 by way of amendment in 1987, by including noise also in the definition of
the term "air pollutant" in Section 2(a). The Pollution Control Board is empowered to control to
noise pollution.
The Police act, 1861 also deals with noise pollution and punishment thereof.
The provision of Section 6 (ii) of The Noise Pollution (Regulation and Control) Rules 2000
states that “Whoever in any place covered under the silence zone/area i.e. beats a drum or tom-
tom or blows a horn either musical or pressure, or trumpets or beats or sounds any instrument
shall be liable for penalty under such Act.
I would like you to go through these legal consequences which you might face in future if such
nuisance has not been stopped. So, it is kindly advisable to you to Please do what you can to
help. I would appreciate your co-operation.
Yours truly,
Mr. B
NOTICE UNDER SECTION 133 OF THE CRIMINAL PROCEDURE
CODE, 1973
REGD A/D / U.P.C

To, Dated: June 20,2020
Mr. A,
XYZ Society,
SUB-LEGAL NOTICE UNDER SECTION 133 OF THE CRIMINAL PROCEDURE CODE,

1973.
Dear Sir,
Under the instructions from and on behalf of my client Mr. B, XYZ Society, I serve you with the
following notice-
1. That my client is residing in the same society as yours and he is your immediate
neighbor.
2. That my client is facing the problem of nuisance created by your child by playing drums
daily and loudly at 5 PM and is continuously playing since few years.
3. That my client has asked several times to ask your child not to create nuisance and stop
playing drums.
4. That my client’s children are not being able to study due to the nuisance created by your
child.
5. That my client told that other neighbors also complained about this incident to you as
they are suffering from heart ailments and other such ailments.
6. Despite of several requests and responses, your child is not stopping from playing drums.
Now through this legal notice, I hereby call upon you to stop creating nuisance by playing
drums, failing which my client shall be constrained to take legal action against you by way of
civil as well as criminal proceedings at your risk as to cost and consequences resulting therefrom.
Yours Sincerely,
Advocate
Copy kept in my office for future reference and use.

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COMPLAINT TO SHO

June 20, 2020

The ABC Police Station

Subject - Complaint regarding nuisance created by neighbors.

Date- June 20, 2020

Re: Noise Complaint

REGD A/D / U.P.C

SUB-LEGAL NOTICE UNDER SECTION 133 OF THE CRIMINAL PROCEDURE CODE,

Copy kept in my office for future reference and use.

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