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How to deal with noisy neighbours legally?

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    Arshita Anand
    Twitter

Rule 5 of the Air (Prevention and Control of Pollution) Act, 1981 states that no loudspeakers or public addressing systems shall be used during the night hours, i.e., 10 p.m. to 6 a.m. If anyone crosses these standards, in accordance with Rule 7 of the Noise Pollution (Regulation and Control) Rules, 2000, you may approach the appropriate authority and request them to take appropriate action. If the authority is satisfied by the report submitted by the police, they shall look into the issue.

You can lodge a complaint under section 8 of the Noise Pollution (Regulation and Control) Rules, 2000 with the local police station to prevent such neighbour from playing loud music beyond standard limit of 45 DB(A) at odd hours of night. If police does not restrain them and/or confiscate the music system, and initiate a proceeding before the DM, then you can lodge a complaint with the SP/DC and thereafter approach HC by way of WP on police inaction. HC will give a direction on the police to register a complaint and take file a proceeding before the DM.

Alternatively you can lodge a complaint with the local police and file a complaint u/s 144(2) CrPC before the Executive Magistrate and get ex parte order restraining the opposite party from causing any nuisance and breach of peace. This order is effective for 60 days.