For a complaint or case of noise pollution, you will have to see if your case is legitimate. For example, the Court held in a case that playing the radio loudly1 is not a case of noise pollution, but only a trivial act.
The harm noise pollution causes have to be assessed based on whether the complaint is coming from a reasonable man with a legitimate complaint or from a person of ordinary temper2 and sense. Even though there are no guidelines on how this is assessed, the Court gets the final word in deciding this. For example, if you have filed frivolous cases, the judge may not take up the complaint. When you file your complaint, the authorities will look at whether the noise limits are exceeding and only if they are, will your complaint be heard.
- Noise Pollution (V), In re, (2005) 5 SCC 733.
- Section 95, Indian Penal Code, 1860.