I am army officer(doctor) posted in Pune staying in Govt allotted accommodation.Recently 03 months back a nursing Officer has shifted in the flat just below my flat..since then we r constantly being annoyed due to the bad smell of frying fish..as well as the cigarette smoke that usually enters our house through their balcony and other windows.... We are a Brahmin family who doesn't even consume eggs forget abt flesh or meat....Every time they cook they turn on their exhaust fan, as a result, the stinky fish fried smoke enters my kitchen and dining hall ..this has become so regular due to which at times you don't even feel like having your own lunch/dinner as the smell remains in-house for an hour or more.... also at odd hours including late nights or early morning at 0500 h, you get to smell Cigarette smoke in the bedrooms as the gentleman living in the lower flat is smoking and the air current blows that smoke into the rooms where my 92 yr grandmother sleeps as well in the room my mother along with my 07 yr old daughter sleep..just imagine the plight of the old granny and my daughter when they complain about this.i have approached the neighbours abt this issue....I was given the reply that we are hardcore nov veg eating people...I said I my fine with your eating habits but at the same time the neighbours like me should not be affected adversely with smell and pollution form ur house hold...we r also humans.they said they'll see what best they can do, but nothing happened...I cant change my allotted house and nobody would listen to me being in Armed Forces on such issues...kindly help as this has become a regular nuisance beyond my control....regards.Maj Anuj Vashisht, Pune
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Lawyers are available now to answer your questions.
1) you cannot stop your neighbour from cooking fish in his house
2) further you cannot stop your neighbour from smoking in his house
3)neighbour is entitled to switch on exhaust fan while cooking
4)your only option is to raise grievance on this issue with your superiors and seek change of allotted house
1.Nothing can be done for foul smell if that is coming out of consumption of food or tobacco.
2. There is way ot remove nuisance as per section 133 of crpc.However the nuisance you have mentioned does not fallin that category.
3. I regret that you will have to adjust this atmosphere till the neighbour move away or you shifts to some other location.
I agree with what all u said..but are there any laws restricting people from hurting your religious sentiments, also can I go to any civil authority or court, where I can file a formal complaint. Somebody's entitlement should not become a problem for my family, that too on a regular basis. there has to be something in writing. Please guide..also on such a basis nobody would allow me to opt for a new accommodation, as they'll also ask whether anything is available in law books.please help regards
I regret that I have nothing new to offer except what I have stated already.
There is no law that prohibits flat allottee from cooking fish in his house
Law cannot prohibit person from smoking in his residence
Had he been smoking in public place you could have objected to it
1. You should initially complaint to your CO.
2. If your CO also does not come to your rescue then as a last legal measure you may file a suit for mandatory injunction against your neighbour in the civil court to seek binding directions from the court to him to devise a mechanism which would ensure that the foul smell generated by cooking does not enter your property.
You state that you serving in the Armed forces, so you should have become familiar with the food habits of the Armed forces mess. They serve both non-veg and veg foods in the same dining table which cannot be objected by anyone.
Moreover you cannot restrict someone cooking their choice food in their house nor can restrict their private habits just because you canot stand the smell.
You should consider that they also have rights to do anything within the four walls of their house.
Until and unless they do not intentionally disturb you or invade your privacy you may not be able to raise an objection or a voice of concern on such petty things.
Legally your complaint on this petty issue is not maintainable, because your intended action is nothing but it is against the rights of your neighbor who is also an authorized occupant of the government quarters.
You have no other option than to tolerate and bear with such petty disturbances or else to look for some other place where no such disturbance may occur.