Complaint Regarding 6 Illegal 4-Ton Commercial AC Outdoor Units

I am Rimo Chakraborty from Sheoraphuli, Hooghly, West Bengal.
I would like to complain that 6 commercial 4-ton AC outdoor units have been installed illegally directly in front of residential windows near my house. Due to this, extremely hot air continuously enters our rooms whenever the windows are opened, causing severe discomfort and inconvenience to me and nearby residents.Kindly arrange an inspection and shift the AC outdoor units to the rooftop or another suitable place as soon as possible.

Dear @rimo_chakraborty,

We completely understand how unbearable this situation is. Having six commercial 4-ton AC exhaust units blowing massive amounts of heat directly into your home is a severe health hazard and a clear violation of residential building codes and nuisance laws.

Please note that we are an independent citizen advocacy platform and do not have the authority to dispatch an inspector directly. However, you have strong legal grounds to force the commercial establishment to move these units. Since Sheoraphuli falls under the Baidyabati Municipality and the Serampore Sub-division, here are the exact steps you must take to get this resolved:

1. File a Written Complaint to Baidyabati Municipality

The installation of heavy commercial AC units in the mandatory side-open spaces between buildings violates municipal building rules.

  • Draft a formal letter addressed to the Chairman and the Building/Health Inspector of Baidyabati Municipality.
  • Attach clear photographs showing the proximity of the AC units to your windows.
  • Submit this physically at the municipal office and ensure you get a “Received” stamp on your copy. They have the authority to inspect the site and issue an immediate notice to the business owner to relocate the units to the rooftop.

2. Complain to the West Bengal Pollution Control Board (WBPCB)

Six 4-ton commercial units generate not only severe heat but also significant noise pollution.

  • You can lodge a formal grievance regarding “Thermal and Noise Pollution” via the official Paribesh App (by WBPCB) or their grievance portal online.
  • Commercial entities are bound by strict pollution control norms, and WBPCB can issue a show-cause notice or force them to install deflectors/relocate the units.

3. File a General Diary (GD) at the Local Police Station

Go to the Sheoraphuli Police Phari or Serampore Police Station and file a General Diary (GD) citing “Public Nuisance” under the Bharatiya Nyaya Sanhita (BNS). State clearly that the business owner is endangering the health and well-being of neighboring residents.

4. The Legal Route: Section 133 CrPC (Sub-Divisional Magistrate)

If the municipality delays action and the business owner refuses to budge, you can approach the court of the Executive Magistrate (SDO Office, Serampore). Under Section 133 of the CrPC, a magistrate has the power to pass an immediate conditional order to remove any unlawful obstruction or nuisance from a public or private space. A simple petition through a local advocate usually forces the commercial owner to comply within days to avoid heavy penalties.

Do not wait for the business owner to act voluntarily. Submit the municipal complaint as your very first step tomorrow, and keep a copy of your stamped letter safe!