NUISANCE

• Made BY:Simran,Vrinda,Tanishq.
 Definition
• The word ‘nuisance has been derived from the French word ‘nuire’ and
Latin word ‘nocare’ which means, to do hurt or to annoy.
• Ordinarily nuisance means disturbances.
• Stephen defined nuisance as, ‘to be anything done to the hurt or
annoyance of the lands, tenement or hereditaments of another, and not
amounting to a trespass’.
• Blackstone, ‘nuisance as some thing that worketh hurt, inconvenience
or damage’.
• Winfield, ‘ nuisance is incapable of exact definition but for the purpose of
law of tort, it may be described as unlawful interference with a person’s
use or enjoyment of land or of some right over, or in connection with it.’
• Salmond, ‘the wrong of nuisance consists in causing or allowing .
without lawful justification (but so as to common to trespass) the
escape of any deterious thing from his land or from elsewhere into
land in possession of the plaintiff eg. Water, smoke, smell, fumes, gas,
noise, heat, vibration, electricity, disease, germs, animals.
• Clark and Lindsell, ‘nuisance is an act or omission which is an
interference with disturbance of or annoyance to a person in the
exercise or enjoyment of –
a.Right belonging to him as a member of public when it is a public
nuisance, or
b.His ownership or occupation of land, or some easement, quasi
easement, or other right used or enjoyed in connection with land,
when it is private nuisance.’

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 Kinds of nuisance

1. Public nuisance
2. Private nuisance

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 1. Public nuisance
• Section 268 of Indian Penal Code define public nuisance as , ‘an act or
omission which causes any common injury or annoyance to the public
or to the people in general who dwell or occupy property in vicinity, or
which must necessarily cause injury, obstruction, danger, or annoyance
to persons who may have occasion to use any public right.

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 Essential ingredients for public nuisance
• A person must have done an act or an illegal omission.
• Such act or ommission
i. Must cause any common injury, danger or annoyance
to the public or
to the people in general who dwell or occupy property in the vicinity
ii. Must necessarily cause injury, obstruction, danger, or annoyance to
person who may have occasion to use any public right.

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• In public nuisance, a private person cannot bring action. But action .
may be possible under sec. 133 of Criminal Procedure Code.
Generally action is taken by State against person causing public
nuisance.
• A private person can take action against public nuisance if -
1. There must be specific damage.
2. Injury must be direct.
3. Injury must be substantial.

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 2. Private nuisance
• Underhill, ‘ a private nuisance is some unauthorized use of a
man’s own property causing damage to the property of another
or some unauthorized interference with the property or
proprietary right of another causing damage, but not amounting
to trespass.’

Dr. Khakare Vikas

 Kinds of private nuisance
• Generally speaking the wrong of private falls under two
classes
a) Damage to property
b) Physical discomfort

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 a. Damage to property
• In the case of damage to property any sensible injury
will be sufficient to support an action. Nuisances of
this class arise from manufacturing works, chains etc.
Ex. – smoke, fumes, gas, noise, water, filth, trees,
animals,

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 b. Physical discomfort
• In the case of physical discomfort the act complained of must be
1.in excess of the natural and ordinary course of enjoyment of
the property.
2.materially interfering with the ordinary comfort of human
existence.
Eg. Carrying any trade causing nuisance, obstruction of light,
pollution of air, noise, water, land.
• Discomfort should be such as an ordinary or an average person
in the locality and environment would not put up with or tolerate.
• For discomfort degree or intensity, duration, locality, and mode of
use of property is considered.

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 Difference between private and public nuisance
PRIVATE NUISANCE
1. It is infringement of right of a private
person.
2. The injury is caused to the individual.
3. In due course of time under certain
circumstances the private nuisance
may be legalized.
4. The injured person may bring an action.
5. Here plaintiff must prove interference
with his enjoyment of land
PUBLIC NUISANCE
1. It is infringement of public right.
2. It causes injury to every person of the
public.
3. The lapse of time cannot legalize public
nuisance.
4. A person may bring action only if he
sustain special injury.
5. It is actionable per se
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 who can be sued?

Plaintiff can institute suit against-

i.Any person is liable for a nuisance who either creates or causes it,
or continues its existence or allows it to continue or who authorises
its creation or continuance.
ii.Prima facie the occupier of premises is the person liable to third
parties for nuisance on or arising from the premises.

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 Remedies for nuisance
1. Abatement
2. Damages
3. Injunction
4. Criminal action under the provisions of Indian Penal
Code and Code of Criminal Procedure

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 Defences in cases of nuisance
1. Grant - It is a valid defence to an action for nuisance that the said
nuisance is under the terms of a grant.
2. Prescription - It is a special defence in cases of nuisance; if it is
used peaceably and openly enjoyed as an easement and as of right
without interruption and for 20 years. This is not useful in public
nuisance.
3. Statutory authority - If defendant has committed the act complained
under statutory authority and all precaution required under law are
complied; he is not liable.

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 Following are not defences
• That the plaintiff himself come to nuisance.
• In case of continuous nuisance, all possible care has been taken.
• Defendant merely making reasonable use or property.
• It would confer benefit to public at large.

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Dr. Khakare Vikas