NUISANCE
Under Law or Torts
nuisance
1. INTRODUCTION OF NUISANCE
2. MEANING OF NUISANCE
3. KINDS OF NUISANCE
4. ESSENTIALS OF NUISANCE
5. DEFENCES OF NUISANCE
nuisance
Introduction of Nuisance :-
The word “Nuisance” has been derived from the
French word “nuire” which means “To cause harm, or
to hurt, or to annoy”. The Latin word for nuisance is
“nocere” which means “to cause harm”.
nuisance
Meaning of Nuisance :-
Nuisance is a Tort means an unlawful
interference with a person’s use or enjoyment of land,
or some right over, or in connection with it. Acts
interfering with comfort, health or safety are the
example of it.
E.g- Noise, Vibrations, heat, smoke, smell, water,
gas, electricity, disease producing germs.
nuisance
Kinds of Nuisance :- Nuisance is of two kinds-
1. Public or Common Nuisance
2. Private or tort of Nuisance
nuisance
Public or Common Nuisance
Public Nuisance is interference with the right of public
in general and is punishable as an offence. Obstructing a
public way by digging a trench or constructing structures on it
are examples of public nuisance. Although such obstruction
may cause inconvenience to many persons but none can be
allowed to bring a civil action for that, otherwise there may be
hundreds of actions for a single act of public nuisance. To
avoid multiplicity of suits, the law makes public nuisance only
an offence punishable under criminal law.
nuisance
Private or Tort of Nuisance
A Private Nuisance is an activity or condition that
interferes with the use and enjoyment of neighbouring
privately lands, without, however constituting an actual
invasion of the property.
nuisance
In certain cases, when any person suffers some
special or particular damage, different from what is inflicted
upon public as a whole, a civil right of action is available to
the person injured. What is otherwise a public nuisance,
also becomes a private nuisance so far as the person
suffering special damage is concerned.
nuisance
Case Law- Dr. Ram Raj Singh Vs. Babulal
The defendant created a brick grinding machine
adjoining the premises of the plaintiff, who was a medical
practitioner. The brick grinding machine generated dust,
which polluted the atmosphere. The dust entered the
consulting chamber of the plaintiff and caused physical
inconvenience to him and patients.
nuisance
Unregulated putting up of posters/banner on private
property, even if on one’s own property is held to be a public
nuisance.
nuisance
Essentials of Private Nuisance :- To constitute the
tort of nuisance, the following essentials are required
to be proved -
1. Unreasonable interference.
2. Interference with the use of enjoyment of land.
3. Damage.
nuisance
Unreasonable interference
Interference may cause damage to the plaintiff’s
property or may cause personal discomfort to the
Plaintiff in the enjoyment of property. Every
interference is not a nuisance. To constitute nuisance,
the interference should be unreasonable. Every person
must put up with some noise, some vibrations, some
smell, etc.
nuisance
Case Law- Heath Vs. Mayor of Brighton
The Court refused to grant injunction in favour
of the incumbent and trustees of a Brighton Church to
restrain “a buzzer noise” from the defendant’s power-
station. It was found in this case that the noise did not
cause annoyance to any other person but the
incumbent, nor was the noise such as could distract
the attention of ordinary persons attending the church.
nuisance
Interference with the use or enjoyment of land
Interference may cause either :
1. Injury to the property itself,
2. Injury with the comfort or health of occupants of
certain property.
nuisance
Case Law- St. Helen’s Smelting Co. Tipping
Fumes from the defendant company’s works
damaged plaintiff’s trees and shrubs. Such damage
beings an injury to property, it was held that the
defendants were liable.
nuisance
Damage
Unlike trespass, which is actionable per se,
actual damage is required to be proved in an action for
nuisance.
nuisance
Defences of Nuisance :-
1. Effectual Defence (Valid Defences).
a. Prescriptive right to commit nuisance.
b. Statutory Authority.
2. Ineffectual Defences.
a. Nuisance due to acts of other.
b. Public Good.
