1. NUISANCE The word is derived from the French word ‘Nuire’ which means to hurt or to annoy or to cause inconvenience or damage. Nuisance is an unlawful interference with a person’s use or enjoyment of land or some right over or in connection with it –Winfield. Examples- acts interfering with comfort, health or safety of the person in the way of Noise, Vibration, Heat, Smoke, Smell, Fumes Water Gas, Electricity Excavation Disease producing germs Sewer Obstructions
2. Differences between Nuisance and Trespass Trespass is a direct interference with the plaintiff’s possession of land through some materials or tangible object. 1. In Trespass the interference is direct but in Nuisance it is consequential.- e.g. planting a tree on another land and planting tree on own land but its branches or root project into or over the land of other. 2. 3. 4. Interference with the possession of land of other person-Trespass but interference with a person’s use or enjoyment of land is Nuisance. In trespass, interference is always through some material or tangible object but Nuisance can be committed through tangible as well as intangible objects like vibration, gas, noise, smell or smoke. Trespass is actionable per se, but in an action for nuisance, special damage is required to be proved.
3. Types of Nuisance
1. Public Nuisance-also called general or common Nuisance.
2. Private Nuisance- also called Tort of Nuisance.
Public Nuisance Any act which causes any common injury danger or annoyance to the public or which must necessarily cause injury, danger or annoyance to persons who may have occasion to use any public right constitutes a Public Nuisance. It is crime u/s 268 IPC.
Examples 1. Obstructing public way by digging a trench.
2. Construction of structure on public way
3. Obstruction of air and light
4. Obstruction of views.
Essentials of Public Nuisance
1. Interference with the right of public in general and punishable
2. Person suffers special damage.
4. Ratlam Municipality v. Vardhichand AIR 1980 SC 1622- The SC confirmed and ordered to stop public nuisance within time bound-Justice VR Krishna Iyeralso appreciated the initiation taken by magistrate u/s 133 Cr. PC Soltou v. De Held (1851)2 Sim NS 133-Ringing of bell through out 24 hrs held public nuisance.
Campbell v. Paddington corporation(1911) KB 869- Obstruction of view of procession of King Edward VII by corporation held public nuisance
Land mortgage bank of India v. Ahmedbhoy and others (1883) ILR 8 Bom 35smoke and noise of cotton mill held public nuisance. Leanse v. Egerton (1943)1 KB 323-falling glass from window held public nuisance. Attorney General v. P.Y.A. Quarries (1957)1 All ER 894-Dust and vibration of quarries held public nuisance. Dr. Ram Raj Singh v. Babulal AIR 1982 All 285-Dust of brick grinding machine held public nuisance.
5. Ushaben v. Bhagyalaxmi Chitra Mandir AIR 1978 Guj 13-There were no direct or particular or substantial damage- No public nuisance. Bombay Hawker’s Union v. Bombay Municipality Corporation AIR 1985 SC 1206-All encroachment on footpath is public nuisance. South Calcutta Hawker’s Association v. Government of W.B AIR 1997 Cal 234-All encroachment on footpath is public nuisance. Wagon Mound Case No-1- (Overseas Tankship(UK) Ltd v. Morts Docks & Engg. Co. Ltd (1961) All ER 404(PC)- held no Nuisance. Wagon Mound Case No-2-Overseas Tankship(UK) Ltd v. Miller steamship Co.Pvt. Ltd (1961) All ER 404(PC) Held Nuisance
6. When Public Nuisance becomes actionable1. Plaintiff must show a particular or special damage- Not general damage. 2. Such injury must be direct and not a mere consequential injury. 3. The injury must be shown to be a substantive character. Private Nuisance also called Torts of Nuisance Essentials of Private Nuisance 1. Unreasonable interference 2. Interference with the use or enjoyment of land 3. Damage Hollywood silver fox farm Ltd v. Emmett(1936) All ER 825 breeding of vixen-fired gun with malice-Injunction issued. Radhey Shyam v. Gur Prasad AIR 1975 All. 86 permanent injunction granted against installation of floor mill on ground floor. Christie v. Davey(1893)1 Ch. 316irritation by Music teacher- malice-hammering wall-held nuisance.
7. R. v. Cross (1812)3 camp 224 Allowing private vehicle to stand on a highway for an unreasonably long time is nuisance. Ware v. Garston Haulage Co. Ltd (1914) KB 20 Lorry on highway- motorcyclist collided-nuisance. Barber v. Penley(1893)2 Ch 447 Big queues at defendant’s theater which went up to premises of the plaintiff-held nuisance. Dwyer v. Mansfield(1946)1 KB 437 Queues on highway to buy potatoes when there was scarcityheld nuisance. Zakinuddin(1887) All. 44 and Shaikh Amzad(1942) Pat.Cutting of cows by muslins in their own compound for religious purpose held no nuisance even though the compound was partly visible from a public road. Difference between Public nuisance and Private nuisance
8. Defences of Nuisance 1. Effectual Defences (a) Prescription (b) Statutory Authority (c) Consent of the plaintiff (d) Necessity (e) Act of God (f) Trifles 2. Ineffectual Defences (a) Nuisance due to acts of Others (b) Public Good (c) Reasonable care (d) Plaintiff coming to nuisance
9. Remedies for Tort of Nuisance 1. Abatement- Removal or put an end of nuisance 2. Damages- if special damage proved 3. Injunction- Temporary or Permanent Injunction.