Unregistered Local Chemical Factory - Lodge a Complaint against violation of Law of Noise Pollution & Air Pollution.
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Complaint by: JEETU RATHORE on January 24, 2014, 4:57 pm in Law and Civil Rights

To,
The Commissioner of Industries,
Department of Industries,
Plot No.-419, Udyog Sadan, FIE,
Patparganj, New Delhi-110092.

Copy to:

The Deputy Commissioner (FL) (North),
Factory Licensing Department, Municipal Corporation of Delhi,
14th Floor, Civic Centre, Minto Road,
Delhi-110002.

The Assistant Commissioner of Police,
Office of the ACP,
Thana Keshav Puram,
Keshav Puram,
New Delhi-110035.



Subject: Lodge a Complaint against violation of Law of Noise Pollution (Regulation & Control) Rules, 2000 & Air Pollution (Hazardous Chemical Causes CANCER).

Dear Sir,

I, [Jeetu Rathore], [24], resident of [Deva Ram Park, Tri Nagar, Delhi-110035] Which is residential area and my society name is “Deva Ram Park Residents Welfare Association (Regd.)” hereby make the following complaint under section 154 of the Cr.P.C. with a request to lodge a Complaint, without delay.

Under the Noise Pollution (Regulation and Control) Rules, 2000, there is a ban on [Type of Violation-Silver Cutting and Silver Construction by Hammer]. Despite the clear-cut provisions of this rule, [Name of Noise Source-Hammer] is generating obnoxious noise by [Mention purpose-Silver Cutting and Silver Construction to make Silver Utensils] which is a blatant violation of law in the residential area.

Despite the clear cut violation of provisions of this rule, Mr. Subhase (Owner of factory), 48, resident of the same locality is generating obnoxious noise throughout day and night adjacent to my house by running their illegal workshop of welding, silver cutting, silver construction etc. and many more and causing disturbance in my neighbourhood which is blatant violation of government law. He is not only creating noise pollution but also creating air pollution in the surroundings by using hazardous chemical which produces smoke during the welding work (WHICH CAUSES CANCER) creates problems as well.

During the past [4 Year’s] I have witnessed this violation of law because of lack of knowledge how to deal and complaint against them. There are many others who are witness to these infringements.

However I have also verbally requested Mr. Subhase (Owner of the Factory) to stop all this many a times. But he seems to be reluctant in this metter and nothing has been done in this regard by Mr. Subhase. Also his labour boys (deployed by Mr. Subhase) have done obnoxious noise by group hammering. It has become a routine practice of the factory owner. The factory owner Mr. Subhase uses rude and abusive language if we discuss the issue with him and threatened us.

He also said that “Ye to aise hi chalega, ye band nahi hoga”. I am doing higher studies, but due to high noise I am unable to concentrate on my studies. We are unable to do any work at home and it’s a big headache for us. I and my mother have been got down in disease of Blood Pressure owing to this obnoxious noise of hammer which is produced by this factory. We lost our freedom due to this excruciating sound. This factory is ruining our peace of mind and people’s right to rest. I would not be complaining if it was a one off day, but this factory is relentless in its operations with total disregard to public and legal obligations.

[Readings-85 dB (A) Leq]. It is also submitted that decibel readings by the instrument bearing the brand name [Details of the brand of the instrument-Normal Hammer but it is so effective to generate obnoxious noise] for the ambient sound was taken around the places where the noise level was prominent and the following results were obtained.

1. Date, time and precise spot of taking reading: 16/Jan/2014, 11:30 AM at House No.-1091 (In front of my house), Street No.-70, Deva Ram Park, Tri Nagar, Delhi-110035.(This is a Factory Spot which is also a residential house and Factory Owner Name is Mr. Subhase who is operating factory in his residential house)

2. Decibel value of sound measured: 85 dB (A) Leq.

In view of the facts stated above the offences against the Noise Pollution (Regulation and Control) Rules, 2000 read with section 15 of the Environment Protection Act, 1986 have been committed.

For the reasons cited above, the offences committed by the accused persons are cognizable and non bailable in terms of Schedule I (II) Cr.P.C. As such, offences under section 15 of the Environment Protection Act, 1986 r/w Rule 5 and 6 of the Noise Pollution (Regulation and Control) Rules, 2000, may be registered at once and the Complaint filed accordingly.

Please seal this factory (as per Noise Pollution (Regulation and Control) Rules, 2000 and Air Pollution Act) as soon as possible because this factory is relentless in its operations with total disregard to public and legal obligations.

A copy of the Complaint filed in the matter may kindly be given to me.

Yours faithfully,

Respective Citizen of your area,

Jeetu Rathore,
(Contact No. – ********75)
House No.-1062, Street No. - 70,
Deva Ram Park,
Tri Nagar, New Delhi-110035.


(Signature of the Plaintiff)


Factory Owner (Name & Address) :-
Mr. Subhase
House No.-1091 (In front of my house), Street No. - 70,
Deva Ram Park,
Tri Nagar, New Delhi-110035.
(Blatant violation of law of Noise Pollution (Regulation & Control) Rules, 2000 [Obnoxious Noise] in residential area by this Factory)


Encl.:-
1. Photos & Videos of this running factory in front of my house in CD (Compact Disk) Format.

Complainant's Goal: Please seal this factory as soon as possible (Because this causes CANCER).
Complaint Location: IndiaDelhiNorth West Delhi
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2.
Thu, 12 Feb 2015  NEER NAGAR SOCIETY

we are seeking your help on one illegal iron fabrication Factory Shakti Engineering in 28, Neer Nagar Bicholi Mardana road, Near Blue Water Park Indore. This Colony is pure residential and this factory is operating illegally and spreading huge noise pollution in the neighbor. There are 6-8 workers in this factory and you can understand their nature of job whole day they Beat the iron rods and use heavy machine to grind the irons and when all workers do this job you can imagine the level of pollution and nuisance they are producing in neighbor. Whole day we have to bear this nuisance our old age parents who stay at home they need some rest at day time even they are sick even for our kids it is not possible to sit at home it impacts their studies as well. We were frustrated with our life where you cant even sit at your home peacefully for a minute. Also We want to highlight one main point here that they use whole 30 x 50 plot area under they keep their machines and factory runs on main road.. Please help we are being killed by this factory every moment. Several complaint around 25 families made to Pollution control board indore but no action is taken yet merely forwarding the complaint to nagar nigam indore. Sir as per law it is offence to spread noise and air pollution in residential area please help and take action .

Attached :- signed letters of Neer Nagar Rahwasi Sang and Residents
Photographs of factory.

Neer Nagar Rahwasi Sang and Residents
Neer Nagar Bicholi Mardana road,
Near Blue Water Park Indore Madhya Pradesh
neernagarsociety@gmail.com

1.
Mon, 27 Jan 2014   Message By Complainant JEETU RATHORE

Lodge a Complaint against violation of Law of Noise Pollution (Regulation & Control) Rules, 2000, and

The Air (Prevention and Control of Pollution) Act, 1981 (Hazardous Chemical Causes CANCER).

Order dated 07.05.2004 passed by Hon'ble Supreme Court in the matter regarding "Shifting of Industries from non-confirming/ residential areas" which causes violation of MPD-2021