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Article Published in the Express Magazine Dated
July 08, 2001
General Attorney : Rajiv K. Luthra
There is a mandir in our vicinity which has a
hall that is rented out almost every night by the
mandir authorities as a Banquet hall for wedding
and other social gatherings. It is very difficult
to sleep because of the loud music. Despite our
repeated requests, the mandir authorities haven't
stopped this. What else can we do?
Amita Mehta, Delhi
Noise pollution has deleterious effect on human
health and psychological well being of people.
Therefore, the Noise Pollution (Regulation &
Control) Rules, 2000, have defined the limit of
noise levels in various areas/ zones. The ambient
noise standard in the residential area has been
fixed to 55 dB (A) and 45 dB (A) during day and
night respectively. If the level of noise exceeds
the prescribed limit by 10 dB (A), you are
entitled to file a complaint against the
violators.
Such a complaint can be made either to the
District Magistrate or Commissioner of Police or
any Officer specifically designated to maintain
noise levels in your area. After due
investigation, the authority may issue a written
order directing either the prevention,
prohibition, control or regulation of such noise
pollution. Noise as nuisance is also an actionable
claim under the Law of Torts. You also have the
option of filing a civil suit for preventive
reliefs of injunction, restraining the Mandir
authorities from causing nuisance. However, this
is subject to the discretion of the Court.
Noise nuisance can also be punishable under the
Indian Penal Code. Where noise creates a public
nuisance it can also be punishable under the Penal
Code with a nominal fine of Rs. 200/-.
Our child was born on November 1, 1999 and we
got the birth duly registered. Recently we
discovered that the birth was registered as
January 11, 1999. How can we get it changed?
Neha Aggarwal, Delhi
You must report the same with the authorities
immediately. In case of a clerical error the
Registrar or any other person authorized on that
behalf by the Commissioner of the Municipal
Corporation, may correct the entry by drawing a
line through the original and by writing the new
entry above it. The correction shall be initialed
and dated. A clerical error may arise due to a
mistake by the officer at the time of recording
the date; that being different from the one filled
in the Form submitted.
However, as it appears in your case, the discovery
has been made beyond a period of one year after
the registration and under such circumstances, the
correction can be made only after receiving the
sanction from the Commissioner. If the discrepancy
has arisen due to error of fact or substance, you
may have to give a declaration on oath setting
forth the true date of your child’s birth. This
has to be made before a Magistrate by two credible
persons, who have knowledge of the case, and the
oath has to be certified by such Magistrate to
have been made in his presence. The Registrar may
correct the error in the register by inserting an
entry in the margin, without any alteration of the
original entry.
I have recently been hit by a car and suffered
several physical injuries. I wish to file a claim
for compensation. Is it true that such a complaint
is not to be filed in an ordinary court?
Tyagi, Chandigarh
If your question is understood correctly then your
reference to an "ordinary court" is directed to a
civil court. The Motor Vehicles Act, 1994,
expressly bars the jurisdiction of civil courts to
entertain claims which can be adjudicated upon by
the Motor Accidents Claims Tribunal. According to
the Act, the jurisdiction to adjudicate upon
claims for compensation involving the death, or
bodily injury to persons arising out of the use of
motor vehicles or damages to any property of a
third party so arising or both, lies with the
Claims Tribunal.
Further, the Act provides that every application
claiming compensation shall be made, at the option
of the claimant, either to the Claims Tribunal
having jurisdiction over the area in which the
accident occurred or to the Claims Tribunal within
which the local limits of whose jurisdiction the
defendant resides.
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