Nuisance is a tort which means interference of someone’s land or property and enjoys their land and property unlawfully. It may be of any form like noise, vibrations, heat, smokes, fumes, water gas and electricity it may be of act that interfering with comfort, health or safety all are the examples of this. In nuisance special damages are also provided to the sufferer and in nuisance there is not necessary that interference is direct it may be consequential. The Nuisance is of two types the Public Nuisance and the Private Nuisance. The private nuisance is a civil wrong and public nuisance is a crime.
The Public nuisance is define as the interference of the public right it covers a wide variety of the crimes which happens in publically and it threaten the safety, health, welfare and morals to the community. The penalty that occurs over the defendant it may be to pay the fine or remove the nuisance which is happen because of him. The example for the public nuisance is digging the road for any construction work although these kinds of construction may be create problem to the peoples but no one is allow to bring a civil action until or unless he/she is not facing any special damage than the other persons. Public nuisance sometimes may effect on the public health like having an animal which is unwell and his disease may effect on the public health. Public nuisance also includes the fireworks on the streets, storing of any harmful gases which may effect on the public and selling the illegal liquor these all the things effects on the public safety and it all comes under the public nuisance.
On the other side Private nuisance is define as the interference in a person‘s land and enjoy in the property of that person and the person did not know about that. Not every interference is a nuisance only the interference which is unreasonable is considered as nuisance . For example If I watched the movie in which one of my favorite character is showing in such a way that it effect on my emotions than it is not considered as the nuisance as it just because hurting my emotions. The other examples of the nuisances are nuisance that interfering in the comfort and it also cause nuisance when a neighbor is having a vicious dog though his only motive is to threaten and has not actually occurred. Some times the Private nuisance is like it attracts the individual like a person having a pool on his property who has legal obligations to take reasonable precautions.
Sometimes the nuisance are in such a way that they are considered to be both public and private nuisance in certain circumstances for example Pollution in a air may be comes under both the public as well as private nuisance as it affects the whole of the community and it also affect the individual or create a nuisance so it is considered as the mixed nuisance.
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
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We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge