Is constructing a factory legal in local area
2 weeks ago
Hello . My name is kudrella Rohit from Kharagpur,West Bengal. Am 18 years old. Me and my family have Been living in kgp from 10 years . One of my locality member was running a Chanachur factory in his on our locality.which was good for a limit but now he constructed a large factory area just in front of our house . The chimney of the factory is just opposite to our balcony. If the factory starts the air pollution caused will enter through our balcony. Pir house is newly constructed and the factory's air can cause dirt and stairs in our walls damaging the paints and walls . Is it legal to construct a factory among the local area. Oir locality members are also supporting this to happen as he is feeding them up with alcohol acts. And we are being helpless. Can me and my family get justice with this?
A.Dear Client,
Factories are typically situated outside urban areas to mitigate pollution and commercial congestion. However, their operation can release various harmful gases into the atmosphere, impacting the living conditions of nearby residential areas. The fire department often deems factories operating in residential zones illegal due to safety concerns. In this situation, you can escalate the issue to authorities such as the District Magistrate, Pollution Control Department, Land Revenue Department, and Municipal Authorities for resolution. Additionally, filing a complaint against the responsible parties or landowner in court for public nuisance under sections 268 and 278 of the IPC, for endangering the health of residents nearby, can be pursued. It's essential to note that a nuisance affecting the public is not excused merely because it causes inconvenience or disadvantage to those around.
Factories are typically situated outside urban areas to mitigate pollution and commercial congestion. However, their operation can release various harmful gases into the atmosphere, impacting the living conditions of nearby residential areas. The fire department often deems factories operating in residential zones illegal due to safety concerns. In this situation, you can escalate the issue to authorities such as the District Magistrate, Pollution Control Department, Land Revenue Department, and Municipal Authorities for resolution. Additionally, filing a complaint against the responsible parties or landowner in court for public nuisance under sections 268 and 278 of the IPC, for endangering the health of residents nearby, can be pursued. It's essential to note that a nuisance affecting the public is not excused merely because it causes inconvenience or disadvantage to those around.
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A.Dear Client
Unless the person has taken all the approvals and licenses from the authorities running a factory in India is illegal. The owner should have taken all the permissions from the local authorities. You need to first lodge a complaint with them and they should stop the factory operation if the permissions are not taken.
If the permission is given then it is wrong as no factory can be allowed in a residential area and then you can file a case against it.
Unless the person has taken all the approvals and licenses from the authorities running a factory in India is illegal. The owner should have taken all the permissions from the local authorities. You need to first lodge a complaint with them and they should stop the factory operation if the permissions are not taken.
If the permission is given then it is wrong as no factory can be allowed in a residential area and then you can file a case against it.
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A.Dear Client,
Factories are mostly located outside the city to avoid pollution and commercial congestion. Various types of gases will be released into the atmosphere based on the factory and can harm the living conditions of the residential area. According to the fire department, factories operating in residential areas are illegal and they pose a safety risk. In the given scenario, you may bring the matter to the notice of DM/ADM, Pollution Control Deptt. Land Revenue Deptt, Municipal Authorities for a resolution in the matter. Apart from this, You may file a complaint against the concerned persons or landowner before the appropriate Court for public nuisance under section 268 of IPC and section 278 of IPC for making the atmosphere noxious to the health of the public in general dwelling in the nearby area. A common nuisance is not excused because it causes some inconvenience or disadvantage to the general public around. If required, reach out to an Advocate for guidance and steps.
Factories are mostly located outside the city to avoid pollution and commercial congestion. Various types of gases will be released into the atmosphere based on the factory and can harm the living conditions of the residential area. According to the fire department, factories operating in residential areas are illegal and they pose a safety risk. In the given scenario, you may bring the matter to the notice of DM/ADM, Pollution Control Deptt. Land Revenue Deptt, Municipal Authorities for a resolution in the matter. Apart from this, You may file a complaint against the concerned persons or landowner before the appropriate Court for public nuisance under section 268 of IPC and section 278 of IPC for making the atmosphere noxious to the health of the public in general dwelling in the nearby area. A common nuisance is not excused because it causes some inconvenience or disadvantage to the general public around. If required, reach out to an Advocate for guidance and steps.
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