Query of Neeta Mehta

Neeta Mehta

I live in Mumbai. We are senior citizens. Our society has a small open space, which is used by members for recreation purpose.
Lately few members have started playing badminton there till 11 pm, which is creating nuisance to us as it is right under our window.
They have managed to put in writing that members can play badminton till 11pm with full lights.

When we objected,  and suggested that time limit be made till 10.30, nobody listened to us. Is there any law which gives any time limit to make noise in society premises?

We have come across that loudspeaker are made shut at 10 pm.

Please give clarification on above matter.

I C Naik

Dear Neeta

For playing games in the Society Property there is one enabling Bye Law No 168

“The meeting of the General Body of the Society may, after taking into consideration the location of the building or buildings of the Society and their surroundings and the open space available for playing games by the Members of the Society and their children, allow such games to be played during such hours as may be fixed by the meeting of the General Body of the Society and subject to such restrictions, charges and penalties as it may impose.

Please ask for a copy of the copy of the minutes of the meeting about such approval.

  1. File RTI application at the nearest Police Station to inform you in writing
  2. if there are any restrictions on steer lights with in he Compound and intensity thereof.
  3. If there any special code for protection to Senior Citizens against nuisance.
  4. Please ask for Rules on permissible maximum decibels of  noise in c housing societies
  5. You also write your feelings to the Hon. Secretary about following Bye Law No 48:
  6. No Member shall do or suffer anything to be done in his fiat which may cause nuisance, annoyance or inconvenience to any of the Members of the Society or carry on practices which may be repugnant to the general decency or morals of the Members of the Society.

Not to do anything causing inconvenience, to other Members.

  1. It shall be competent for the Committee either sou-moto or on receipt of the complaint from any Member, to take steps to stop all such practices referred to in the bye-law No. 47(a) forthwith.

If nothing is done nu the Hon. Secretary you can under Bye Law No 174 file a complaint to the Police as provided under Sub-Para e reading as under:

Bye Law No 174 If the Member/Members are not satisfied by the decision of the Committee, or does not receive any communication from the committee within 15 days, the complainant Member may approach below mentioned Competent Authority.

  1. Matters pertaining to :-
  2. Nuisance carried by the Unauthorised user of the Flat / Shop / Parking slot / Open space in the Society, by the Members, builder, occupants or any other persons,
  3. Threatening / Assault by or to the Members of the Society and official body.

iii. Any other like matters which fall within jurisdiction of the Police.

 

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