Filing A Noise Complaint

If you’re disturbed by any noise causing annoyance, discomfort, or harm, you have the option to lodge a complaint with the relevant authorities. Additionally, you can register a complaint if you’re aware that the noise level exceeds the standards by 10 dB(A) in any area or if there’s nighttime noise pollution between 10:00 pm and 6:00 am.
Police:
To address noise pollution, you can register a complaint at the nearest police station, dial 100, or submit an online complaint via your State’s police complaint portal. Action can be taken by the officer in charge of the police station, police commissioner, or any officer (not below the rank of Deputy Superintendent of Police). This may involve seizing equipment, halting the use of microphones or loudspeakers, and obtaining a written order from the Pollution Control Board to restrict the noise.
Central and State Pollution Control Board:
The Central Pollution Control Board (CPCB) assists the Ministry of Environment and Forests in implementing the Environment (Protection) Act, 1986. It aims to maintain water cleanliness and prevent water pollution while improving air quality by preventing air and noise pollution. Although CPCB offices are limited to a few states, each state has its State Pollution Control Board (SPCB). You
can also approach SPCB offices to file a complaint. These authorities can issue written orders to prevent, prohibit, control, or regulate various sources of noise pollution.
Courts:
You can seek recourse against noise pollution by approaching the nearest District Magistrate (Court) with legal representation. The Court has the authority to temporarily halt or remove noise pollution nuisances and may issue temporary injunctions, orders for noise removal or regulation, and permanent directives to mitigate noise pollution.
National Green Tribunal (NGT):
The NGT is a specialized judicial body where environmental cases, including noise pollution cases, can be filed. It aims to provide effective remedies for environmental protection and conservation. NGT orders are legally binding, and compensation can be granted to affected parties. The NGT operates in five zones across India, with its Principal Bench in Delhi. Any person seeking relief or compensation for environmental damage or pollution can approach the NGT. Decisions of the NGT are binding, and appeals can be made to the Supreme Court within 90 days if dissatisfied with the decision. Legal representation is advised when approaching the Court or filing appeals.

First, try to resolve the issue with the person using the loudspeaker. If this does not help then the following legal provisions could be applied to the situation.
1. Loudspeakers cannot be used at nighttime (10 p.m. to 6 a.m.) except without permission from the authority specified by the state government. When any of the provisions of the Rules are being violated, a complaint can be filed with the authority decided by the State Pollution Control Board. If the sound is beyond 55db or, these activities continue beyond 10 pm, you can complain under Noise Pollution (Regulation and Control) Rules 2000.
2. Noise pollution is also addressed in criminal law through Section 268 of the IPC which deals with public nuisance. A complaint can be filed against such nuisance, if it causes annoyance to the public, under Section 290 of the IPC.

If kisi awaaz se aap pareshaan hain jo takleef ya nuksan ka karan bana rahi hai, aapko neeche diye gaye adhikariyon ko iska report karne ka vikalp hai. Aapko bata diya jata hai ki agar kisi kshetra mein shor ka star 10 dB(A) se adhik hai ya fir 10:00 pm se 6:00 am tak raat mein shor ka pradooshan ho raha hai, to aapko iska report karna chahiye.
Police:
Aap najdiki police thane mein shikayat darj kar sakte hain, 100 ko dial kar sakte hain, ya apne rajya ke police shikayat portal ke madhyam se online shikayat darj karke shor pradooshan ka samadhan karva sakte hain. Police thane ke adhikari, police aayukta, ya koi adhikari (DSP pad se neeche na ho) aise karvahi le sakte hain jaise ki saman ka kabza karna, microphones ya loudspeakers ka upyog rokna, aur pradooshan niyantran board se shor ko rokne ke liye likhit aadesh prapt karna.
Aap rajya pradushan niyantran board (SPCB) ke daftar bhi ja sakte hain shikayat darj karne ke liye. Ye adhikariyon ko likhit aadesh jari karne ki shakti pradan karte hain taaki ye shor ko rokne, pratibandhit karne, niyantrit karne, ya niyamit karne mein saksham ho saken:
1. Vokal ya vadya sangeet
2. Aavaz ko utpann karne wale sanket, dhwani, ghanti, shehnai, loudspeakers, prachaar pranaliyan, shankh, nirmaan upkaran, upkaran, ya upakaran dwara utpann dhvani
3. Dhwani utpann karne wale patakho ke fatne se aane wali dhwaniyan.
4. Vyaaparik kriya ya vyapar se utpann shor, jaise ke bartan nirman adi.
Aur adhik jankari ke liye, is resource par refer karein: https://www.hspcb.org.in/NoisePolAct

An important thing to note here is the timing during which the loudspeaker operates.

1. If it is only being used during the afternoons then the mosque is not partaking in any illegal activities as long as they are not going over the sound limits prescribed under the Noise Pollution(Regulation and Control) Rules 2000 and have obtained written permission from the authorities. The mosque cannot exceed 55dB during the daytime(6am to 10pm) if you are living within a residential area. These limits will differ in industrial, commercial, or silent zones. If the mosque does exceed these limits then you can file a complaint with the local authorities.
2. If the mosque continues to use the speaker at night as well (10pm to 6am), regardless of the noise level, you have grounds to complaint against the same. Furthermore you can file a suit under S.268 of the Indian Penal Code for public nuisance. Alternatively, you can also approach a lawyer and ask them to file a civil suit under section 91, CPC, in order to get an injunction for causing a public nuisance as excessive noise constitiutes the same.
3. I am attaching the link of this website. You can check and obtain the contact details of your local authorities from here and proceed accordingly.

1) The Noise Pollution (Regulation and Control) Rules, 2000 deal with noise pollution in residential and other areas. In residential areas, the limits are 55 dB(A) in the daytime and 45 dB(A) in the nighttime. When any of the provisions of the Rules are being violated, a complaint can be filed with the authority decided by the State Pollution Control Board – usually the local authorities like the municipal corporation at the first instance.
2) In the present case, since construction activities are happening late at night, it gives rise to a cause of action for you to file a complaint with the concerned authority for violations of the above Rules.
3) To find the relevant authority, check the list available on the CPCB website titled “Authority List for Implementation of Noise Rules” <https://cpcb.nic.in/displaypdf.php?id=Tm9pc2UtU3RhbmRhcmRzL0F1dGhvcml0eUxpc3QucGRm>.
4) Moreover, the Central Pollution Control Board (CPCB) has designated the District Magistrate, along with the Police Commissioner and other officers not below the rank of Deputy Superintendent of Police, to ensure compliance with the Noise Pollution Rules, 2000.
5) Noise pollution is also addressed in criminal law through Section 290 of the Bharatiya Nyaya (Second) Sanhita, 2023 which deals with public nuisance.
6) You can also file a civil suit by approaching the nearest District Court to complain about the noise pollution, where the Court can temporarily stop/remove the nuisance through injunctions or orders.
7) In addition to the above remedies, you can file a complaint in the District Consumer Disputes Redressal Forum if the construction work is being carried out by a builder or developer which is causing a disturbance to the residents in surrounding areas.

1. The relief that you can get depends on the area/zone you are living in. Noise Pollution (Regulation and Control) Rule, 2000 divides all areas into four zones – Industrial, commercial, residential, and silence zone. Each zone has a specific range of sound measured in dB(A), that can be allowed during the day and night (10:00 pm to 6:00 am). If the noise in your area exceeds the given standard you can file a complaint regarding the same with the relevant authority. The Noise standards are as follows as measured in dB(A):(day/night) Industrial Area – 75/70; Commercial Area – 65/55; Residential Area – 55/45; Silence Zone – 50/40
2. In your specific case, the Central Pollution Control Board provides that you can file a complaint to the Police Commissioner or any other officer not below the rank of the Deputy Superintendent of Police. You can also complain by dialing 100 for any Noise pollution related complaint
3. You may also file a complaint of public nuisance under Sec. 268 of IPC at the nearest police station.

Assuming that it is a residential area,a complaint of Public Nuisance can be filed under Section 270 of the BNS if other residents are also facing similar issues.The Noise Pollution (Regulation and Control) Rules, 2000 prohibits loud equipment noises during night time under 5A.(3) and a complaint under the same can be filed.You can also refer to your local municipal laws applicable.

In India, noise pollution is governed by laws such as the Noise Pollution (Regulation and Control) Rules, 2000, which set limits on permissible noise levels in different zones and during different times of the day.
Here’s what you can do:
1. Speak with the Temple Authorities: Approach the management of the temples and explain the issue politely. They might not be aware of the extent of the disturbance caused by the loudspeakers. Often, they are willing to cooperate and adjust the volume or timing of their activities to minimize inconvenience to residents.
2. Contact Local Authorities: If the issue persists despite your efforts to resolve it directly with the temple authorities, you can reach out to your local municipal corporation or residents’ welfare association (RWA). They may have guidelines or procedures in place for addressing noise complaints within residential areas.
3. File a Complaint: if the noise exceeds the permissible levels i.e. 10 dB(A) or occurs during prohibited hours (between 10:00 pm and 6:00 am), you can take action, file a complaint with the district magistrate.

In India, noise pollution is regulated under the Environment (Protection) Act, 1986, and the Noise Pollution (Regulation and Control) Rules, 2000. According to these regulations, the offence you’re describing falls under noise pollution.
Offence: The construction activity causing excessive noise after 10 pm in Gurgaon, Sector 51, Orchid Towers, violates noise pollution regulations.
Remedy under Indian law:
Filing a Complaint: You can file a complaint with the local authorities, such as the Municipal Corporation or the Pollution Control Board. Provide details of the disturbance, including the location, time, and nature of the noise.
Enforcement Action: Upon receiving the complaint, the authorities can take enforcement action against the individuals or entities responsible for the noise violation. This may include issuing warnings, imposing fines, or even stopping the construction activity during prohibited hours.
Legal Recourse: If the issue persists despite complaints, legal action can be pursued through the courts. Residents affected by the noise pollution can seek legal remedies for the nuisance caused.
Engagement with Builders/Contractors: Engaging with the builders or contractors responsible for the construction activity can sometimes lead to a resolution. They may be willing to adjust their schedule to minimize disturbance to the residents.
Community Awareness and Action: Residents can also organize themselves to raise awareness about the issue and collectively advocate for a resolution. This could involve petitioning local authorities, holding meetings, or even engaging with media if necessary.
It’s important to document instances of noise pollution, gather support from fellow residents, and persistently follow up with the relevant authorities until the issue is addressed satisfactorily.

Yes, you can proceed with legal action against them if such noise is persistently occurring and exceeding the noise standards by 10 dB(A). You may complain to the nearest police station in this case or call 100 or file an online complaint as per your State’s police complaint portal or you may notify State or Central Pollution Control Board of the same. In case of continuous or persistent nuisance, you may also approach the District Magistrate by the help of a lawyer to complain about the same.
You can lodge a complaint with the local police and file a complaint u/s 144(2) CrPC before the Executive Magistrate and get ex parte order restraining the opposite party from causing any nuisance and breach of peace. This order is effective for 60 days. This complaint can be filed under sections 268 and 290 of Indian Penal Code, 1860

1. Under the Noise Pollution (Regulation and Control) Rules 2000, activities that produce excessive noise require prior approval from the authorities and must not exceed 55dB( this is the permissible limit in a residential area during daytime). If the workshop is causing noise levels above this limit (10dB or more over the limit), you have the right to take action. Rule 7 allows you to make a complaint to the authority.

2. In Himachal Pradesh, the relevant authority for addressing noise pollution is any Police Officer not below the rank of Superintendent of Police of the given jurisdiction. You can file a complaint with the police if the noise levels are going over the permissible limits. Himachal Pradesh also has an online app SHOR NAHIN that allows you to file online complaints.

3. Additionally, noise pollution is also addressed in criminal law under Section 268 of the Indian Penal Code (IPC), which deals with public nuisance. If the noise from the workshop is causing annoyance to the public, you can file a complaint under Sections 268 and 290 of the IPC. If someone’s actions or omissions are causing disturbance or annoyance to the public, it could be considered a public nuisance under this law.

4. You’re recommended to take official record of the noise levels and any interactions with the workshop owner. You may also want to seek mediation to resolve the issue peacefully. However, if the problem continues, you have the right to seek legal assistance to enforce your rights under the law.

Gathering evidence is crucial to your case –

Noise Readings: While your phone’s readings are a helpful starting point, consider getting a certified noise meter reading.
Document Everything: Maintain a record of the noise issue. Note down dates, times, and duration of the noise along with any police complaints made (mentioning complaint reference numbers).

1) The Noise Pollution (Regulation and Control) Rules 2000 deal with noise pollution in residential and other areas. In residential areas, the limits are 55 db(A) in the daytime and 45 db(A) in the nighttime. When any of the provisions of the Rules are being violated, a complaint can be filed with the authority decided by the State Pollution Control Board.
2) The state specific list of authorities is available on the website of the Central Pollution Control Board (CPCB under the “Authority List for Implementation of Noise Rules”). For Karnataka, authority refers to all Police officers not below the rank of Superintendent of Police of the given jurisdiction.
3) Noise pollution is also addressed in criminal law through Section 268 of the IPC which deals with public nuisance. A complaint can be filed against such nuisance, if it causes the annoyance to the public, under Section 290 of the IPC.
4) In the present case, since the pump function 24/7 and exceeds the set limit (should exceed limit by 10dB or more), you can complain to the relevant authority. To find the relevant authority, check the list available on CPCB website titled “Authority List for Implementation of Noise Rules”. For example, if you are a resident of Karnataka, then you can complain to any Police Officer of the area, whose rank is either Superintendent of Police or above.

In India, the offence of causing noise pollution is governed by the Environment (Protection) Act, 1986, and the Noise Pollution (Regulation and Control) Rules, 2000. According to these laws:

Offence:
Violation of Noise Standards: Creating noise levels beyond the permissible limits specified in the Noise Pollution Rules, particularly during the night hours (10 PM to 6 AM), constitutes an offence.

Disregard of Local Regulations: Many cities and municipalities have their own regulations regarding noise levels, and violating these regulations also amounts to an offence.

Public Nuisance: Continuous noise disturbance causing inconvenience and affecting the mental health of residents can also be considered a public nuisance under common law principles.

To address noise pollution issues, affected individuals or communities can initiate several actions. Firstly, they can file a complaint with local authorities like the Municipal Corporation or Pollution Control Board, detailing the problem. If these authorities don’t respond adequately despite repeated complaints, legal recourse is an option. This can involve filing a Public Interest Litigation (PIL) in the High Court or approaching the National Green Tribunal (NGT) for relief. In cases of significant mental distress or health problems due to noise pollution, affected parties can seek compensation through legal channels. Additionally, mediation or arbitration may offer a route to resolving the matter amicably with the assistance of a neutral third party.

1) The Noise Pollution (Regulation and Control) Rules 2000 deal with noise pollution in residential and other areas. In residential areas, the limits are 55 db(A) in the daytime and 45 db(A) in the nighttime. When any of the Rules are being violated, a complaint can be filed with the authority decided by the State Pollution Control Board. 2) In the present case, since the pump function 24/7 and exceeds the set limit (should exceed limit by 10dB or more), you can complain to the relevant authority. To find the relevant authority, check the list available on CPCB website titled “Authority List for Implementation of Noise Rules” <https://cpcb.nic.in/displaypdf.php?id=Tm9pc2UtU3RhbmRhcmRzL0F1dGhvcml0eUxpc3QucGRm)>. For example, if you are a resident of Karnataka, then you can complain to any Police Officer of the area, whose rank is either Superintendent of Police or above. 3) Noise pollution is covered in criminal law through Section 268 of the IPC which deals with public nuisance. A complaint can be filed against such nuisance, if it causes the annoyance to the public, under Section 290 of the IPC. 4)

If you live in a housing society, the first step would be to approach the Residential Welfare Society (RWA) of your housing society, which can help in mediating discussions with your neighbour regarding the noise. If such discussions do not work, go through the by-laws and rules of the society – many societies have specific rules regarding noise levels and quiet hours after a certain time. Based on this, you can issue a complaint against the neighbour highlighting the instances of noise pollution and specific disturbance caused.
If these steps are not fruitful, legal action may be taken.
1) Under the Noise Pollution (Regulation and Control) Rules 2000, activities that involve a lot of noise cannot be done with prior approval from the authorities and even then it cannot exceed levels of 55dB. In the case of residential areas, the permissible limits are 55 dB during the day and 45 dB at night. 2)Loudspeakers cannot be used at nighttime (10 p.m. to 6 a.m.) except without permission from the authority specified by the state government. 3) When any of the provisions of the Rules are being violated, a complaint can be filed with the authority decided by the State Pollution Control Board (SPCB). The state-specific list of authorities is available on the website of the Central Pollution Control Board (CPCB under the “Authority List for Implementation of Noise Rules”) < https://cpcb.nic.in/displaypdf.php?id=Tm9pc2UtU3RhbmRhcmRzL0F1dGhvcml0eUxpc3QucGRm)> . For Karnataka, authority refers to all Police officers, not below the rank of Superintendent of Police of the given jurisdiction.
4) Noise pollution is also addressed in criminal law through Section 268 of the IPC which deals with public nuisance. A complaint can be filed against such nuisance, if it causes the annoyance to the public, under Section 290 of the IPC.
5) You can also approach the nearest District Court to complain about the noise pollution, where the Court has the power to temporarily stop/remove the nuisance through injunctions or orders.