Noise nuisance complaint

2013 MLD 1776 PESHAWAR-HIGH-COURT Judicial Precedent

Ss.133 & 561-ANoise nuisance complaintMill running adjacent to a house allegedly causing noise nuisance

Petitioner filed a complaint to the concerned Chief Justice of the High Court to the effect that a steel boxes manufacturing mill was running adjacent to his house, which was causing noise nuisance and had made his life miserable, and that said business was running illegally and without obtaining a "No Objection Certificate"

Complaint was forwarded to Judicial Magistrate., who after recording statement of complainant and perusing the record and police report dismissed the complaint

Revision filed by complainant against order of Judicial Magistrate was also dismissed by the Revisional Court

Validity

Record showed that building where business in question was being run was owned by brother of the complainant

Civil litigation was pending between complainant and his said brother

Approved map/site plan for the construction of the building in question had been obtained after fulfilling all the legal formalities

Report of concerned Town Officer (Regulation) showed that building in question fell in a commercial area

Inquiry report of police revealed that building was fully covered and there was no apprehension of nuisance to public and locality, and that complaint was baseless

Except the complainant no one from public at large had come forward to depose that business in question was injurious to their health and was causing nuisance

Both courts below had rightly dismissed the complaint in such circumstances

Quashment petition was dismissed accordingly.