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DRAFT COMPLAINT FOR LODGING FIR FOR NOISE POLLUTION DUE TO USE OF CONSTRUCTION MACHINERIES

To
The Officer in Charge

(name & address of the Police Station)

 
Sir,
 

I        Request to lodge FIR regarding noise pollution due to construction work by use of construction machines not fitted with silencer/s and exceeding maximum permissible dB levels and noisy loading/unloading, even during night hours at plot bearing C. S. No. ------------ situated at --------------------------------------------------------------------------------------------------- (city & pincode) ----------------------------------------------------------.

II       (use this only if applicable) Developer appointed by ---------------------------------------, (name, full address & name of the responsible person or chief executive of the Contractor carrying out the construction work).

Sir,

1.       I, Mr./Mrs./Ms. (name), (age), resident of (address), hereby make the following complaint regarding captioned matter u/s 154 of the I.P.C., with the request to register F.I.R. without delay.

2.          Under the Noise Pollution (Regulation and Control) Rules, 2000, there is restriction on machineries used, decibel levels of which create noise beyond the level specified in NP (R & C) Rules or rather the noise made by such machinery/s beyond the clearly specified decibel levels in the Noise Pollution (Regulation and Control) Rules, 2000.

3.          During the past .......................................................(write number of days with      date) I have myself witnessed this blatant violation of law. There are many other persons who are witness to these infringements.

4.       (use this in case decibel readings have been taken)

          It is also submitted that decibel readings by the instrument bearing the brand           name (write details of the brand of the instrument) for the ambient sound was taken around the places where construction machinery was used and the following results were obtained.

            5.       In view of the facts stated above, the following offences have been committed:

                    a)  Violation of Rule 5 and 6 of the Noise Pollution (Regulation and Control) Rules, 2000 read with section 15 of the Environment Protection Act, 1986.

                     b)   Since the violation of a Rule issued under the Environment Protection Act has been made punishable under section 12 of the Environment Protection Act, 1986,           & that the Noise Pollution (Regulation and Control) Rules 2000 have been made under the said Act, therefore, an offence under this statutory Act has been committed.

            6.       It is further submitted that the punishment provided under section 15 of the           Environment Protection Act is 5 years of imprisonment. Under Schedule I (II) of the Code of Criminal Procedure, in a law, other than the Indian Penal Code, if the punishment provided is three years or more, it gets classified as a non-bailable and a cognizable offence. That being so, action accordingly be taken.

REQUEST: For the reasons cited in the foregoing, the offences committed by the accused persons are cognizable and non-bailable. As such, offences under section 15 of the Environment Protection Act, 1986 r/w Rule 5 and 6 of the Noise Pollution (Regulation and Control) Rules, 2000, r/with Sch I(II) of the Cr.P.C. be registered at once and the FIR filed accordingly.

A copy of the FIR filed in the matter be given to me.

Yours truly,

 
sd/-                  

(Name)

Date, time, and address: