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Up all night over dish washing next door,man moves HC

The Delhi High Court has asked an East Delhi housing society why it should not be hauled up for contempt of court since it reportedly failed to rein in the noise caused by washing of utensils in the open area of its community hall.

Written by Utkarsh Anand | New Delhi | Published: June 14, 2012 1:20:39 am

The Delhi High Court has asked an East Delhi housing society why it should not be hauled up for contempt of court since it reportedly failed to rein in the noise caused by washing of utensils in the open area of its community hall.

Ankur Mutreja,a lawyer who lives in a house next to the society and was riled by the noise,had filed the case.

In 2010,he filed a petition in a Sessions court,seeking a restraint order against the Aviation Employees Cooperative House Building Society in Gagan Vihar.

He told the judge that he and his family had sleepless nights whenever there was a function organised in the Gagan Vihar community hall.

After dinner as the guests returned home,he was forced to bear with the noise of private caterers washing utensils all through the night. Relentless knocking of utensils made it worse,he claimed.

Besides the commotion,the place where the dishes were washed was filthy because of the accumulation of leftover food and dirty water running down the adjacent footpath,Mutreja said. He claimed it was a serious health hazard and,hence,an the court should immediately intervene.

Noting that “the anxiety of the petitioner to stop the spread of diseases cannot be called unjustified,” Additional Sessions Judge Savita Rao in her December 2010 order told the society to ensure that if the dishes were washed in an open area of the community hall,all kinds of noise as well as collection of garbage and water on the adjacent footpath should be avoided.

“If the society cannot ensure such ramification then they shall get the utensils washed inside the building of community hall,” the court had ordered.

However,Mutreja recently approached the High Court and claimed that the Sessions court orders were being breached. He told Justice Vipin Sanghi that the members of the society have been blatantly violating the restraint orders.

Showing photographs to prove his point,Mutreja contended that the dishes were still being washed in the open area,making a lot of noise,garbage was still left unattended and water continued to flow on the footpath.

Justice Sanghi admitted Mutreja’s contempt petition and issued a notice to the secretary of the society,seeking his explanation on the alleged violations. The matter will now come up for hearing in October.

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