1 Answer
Dear Client,
Your case is in a very strong position legally. You have submitted a complaint of a fundamental rights violation with supporting evidence in the form of reports from NHRC and also because the Supreme Court held in Noise Pollution (V) (In Re) (2005) 5 SCC 733 that there is a right to live in an environment that is free of noise pollution in the Constitution under Article 21, there is a fundamental right to live free from noise pollution.
The NBW being issued for six consecutive terms is a very serious development for the defendant (the welding shop owner).NBWs are issued when there is repeated absence of the accused despite summons and bailable warrants, signalling wilful evasion of the legal process. If an individual against whom an NBW has been issued fails to comply, they could face legal consequences like arrest, property attachment, or contempt of court. Six unexecuted NBWs will likely lead the court to declare the accused a Proclaimed Offender under Section 84 BNSS, after which attachment of property becomes the court's next coercive step.
The probable conclusion in your favour is physical arrest of the shop owner, imposition of directions to shut or relocate the welding shop, and possible compensation under the Noise Pollution (Regulation and Control) Rules, 2000. Press your advocate to seek a contempt application alongside the existing proceedings to accelerate the outcome decisively.
I hope this helps, and if you have any further issues, do not hesitate to contact us