Dairies Problem in Locality

I am a resident of Ghaziabad. There are couple of dairies operational in our locality. All efforts at different levels have not resulted in anything positive. Individual as well as collected approach to Municipal Commissioner as well as to Higher officials in GDA have not resulted in anything. Some suggestions have come up to file a PIL with High Court. Is that the only way of getting to solve this Problem? more  

View all 25 comments Below 25 comments
Yes a high court order is must if you have a valid and reasonable case more  
You must file complaint with NGT Delhi. more  
To understand your case properly from reputed and experienced Lawyers, post your question on www.myadvo.in | where you will get Free Legal Advice. more  
Dairy on a plot means cows & buffaloes& excreta. Govt. is spending tons of money to prevent Mosquito breeding,sending a person from home to home to check stagnated water, there is campaign on media. Only a deaf and dumb person does not know about dangers of living along with mosquitoes. Please make an appeal to authorities citing threat to health of All citizens living in vicinity of this dairy.May be this will work in favor of you and everyone. Take help of local media also. more  
Yes I agree with Mr.Puthucode Anantharaman sir. There is no license required for starting a dairy. If the party is obtaining subsidy under NABARD scheme, he has to form a Company. He has to follow certain procedures like selection, breeding, feeding, waste management, housing and cattle health care if he opts for running a modern sustainable dairy farm. And if he fails the matter of public nuisance can be reported to NABARD If he is not doing so, the public /members of the locality jointly can approach the Dairy owner to shift his operations to any village. If it didn't work then they should get a memorandum describing all the difficulties substantiated with relevant test reports and submit it to the Municipal Corporation and Health Officer. RTI wont work as these small entrepreneurs are not under the purview. Dist. Health Officer can help in this regard The word “nuisance” is derived from the French word “nuire”, which means “to do hurt, or to annoy”. The concept of nuisance is one that arises most commonly in a man’s daily life and the decision regarding the same has to be delivered on a case to case base ensuring that neither the aggrieved plaintiff goes back uncompensated nor the defendant is punished unnecessarily. Indian Courts in the matters of nuisance have borrowed quite intensively from the English principles as well as from the decisions of the common law system along with creating their own precedents. According to Salmond, “the wrong of nuisance consists in causing or allowing without lawful justification the escape of any deleterious thing from his land or from elsewhere into land in possession of the plaintiff, e.g. water, smoke, fumes, gas, noise, heat, vibration, electricity, disease, germs, animals”. So there are remedies under the Indian Law... Under Section 3 (48) of the General Clauses Act, 1897, the words mean a public nuisance defined by the Indian Penal Code. Section 268 of the Indian Penal Code, defines it as “an act or illegal omission which causes any common injury, danger or annoyance, to the people in general who dwell, or occupy property, in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.” Simply speaking, public nuisance is an act affecting the public at large, or some considerable portion of it; and it must interfere with rights which members of the community might otherwise enjoy. more  
Post a Comment

Related Posts

    • RWA Maintenance

      Hi, Would like to know is there are any court order or Law which gives flexibility for Owner/Tenant to pay the maintenance amount as per his/her convenience. Initially the m...

      By Anonymous Circle member
      /
    • Legal Position - Responsibilty of the Builder to hand over the common Assets

      We have come across a situation where our builder of a group housing of Villas and flats numbering 411 has put a condition thru some of his supporters In the RWA that he will transfer the common as...

      By LOGANATHAN KOTHANDARAMAN
      /
    • Disconnection of EB connection - to those Tenets whose license is cancelled by local body an

      Is there any judgement regarding disconnection of EB connection of a tenent whose license is cancelled by local body or panchayat and in a building which is colloapsed. Misuse of eb connection a co...

      By Ramachandran Sridhar Alias Krishnan
      /
    • THE DAUGHTER IN LAW MENACE

      The Government through the legal system has empowered women backed by commissions and other SPVs specifically created for the purpose.However law alone can not empower women and empowered women mus...

      By Prasanta Misra
      /
    • Genuine Lawyers and fake

      An Advocate ( I dont want to name) has sent me a notice submitting some false information regarding the ownership of the property from his client and threatening that he will take legal action aga...

      By Ramachandran Sridharakrishnan
      /
    • Registering a Business

      Hi, Am a working professional in a pvt ltd company. My query is while working in the company can i register a business in my name. Is there any act/law which prohibits. Thanks for your t...

      By Anonymous Circle member
      /
    • Transfer of property by gift deed

      Can a mother, having five children, gift deed her property to a particular child without informing to the other children or getting consent of the other children?

      By Amitava Dutta
      /
    • Judiciary must deliver fast & correct judgement

      As soon as a person is arrested on filing of FIR by police, & produced before Magistrates court dealing with Criminal case, the accused applies for bail & also obtains Stay before sessi...

      By Bahadur Sanjana
      /
    • Legal advice to file a complaint

      Dear Members, I have to file a legal complaint against HDFC Bank at New Delhi for my pending refund of 60 thousand since Jan 2019. I have communicated enough on emails and on the phone however...

      By Sumit Bajaj
      /
    • Settlement of claim

      Can any Circle member guide to get back the amount of one's father held up in a bank(SBI) after latters death without any nomination.

      By Koiredla Chandrarao
      /
    • 4 crore personnel loan

      We have total 4 crore personnel loan out of 5 crore loan. One of my partner cheated us in Mining business. He mis utilized entire fund and project fake orders he created. We are.in...

      By Anonymous Circle member
      /
Share
Enter your email and mobile number and we will send you the instructions

Note - The email can sometime gets delivered to the spam folder, so the instruction will be send to your mobile as well

All My Circles
Invite to
(Maximum 500 email ids allowed.)