I live In a shared house with 4 families each with equal stake. We all are doing business in that same house, but one of the family member is currently doing a business, which is causing a lot of air pollution and we are unable to live and this also risks our lives. Is there a way we can legally force him to stop his activity at a place where people live?
Dear Client, As per your query, there are avenues where you can take legal action against that individual member of your family for air pollution inside your shared house. Under the Air (Prevention and Control of Pollution) Act, 1981, you could appeal to the State Pollution Control Board where environmental clearance is not available to the commercial activity; Section 21 and Section 43 are attracted with penalty. You can also file a criminal complaint using Section 133 of the Code of Criminal Procedure, 1973. A private nuisance suit may be filed under the civil law and an injunction with damages claimed. Moreover, under the municipal laws of the place, you are also vested with the right to file a complaint against such a construction which violates residential zoning regulations. For serious environmental damage, you can approach the National Green Tribunal under the National Green Tribunal Act, 2010 or to file a suit for injunction as a co-owner to protect your property rights. Feel free to book an appointment for a detailed discussion on the issue.
