The article is written by Lakshmi Sharma, from,vinoba Bhave University, University law college hazaribagh ( jharkhand)
Introduction:
Nuisance can be defined as any act or omission that causes interference with the rights of the property owner or the occupier of the property. It is an act that causes damage or injury to a person’s property, health, comfort, or well-being. Nuisance can take many forms, such as noise pollution, air pollution, water pollution, and other environmental hazards.
The law against nuisance is an important part of civil law that deals with the protection of the rights of property owners and occupiers. This law provides remedies to the victims of nuisance and also punishes the offenders.
Civil Law against Nuisance:
Under civil law, nuisance is a tort, which means a civil wrong. It is a common law tort, which means that the law against nuisance is based on judicial decisions rather than on statutory law. The law against nuisance provides for both private and public nuisance.
Private Nuisance:
Private nuisance is an act that interferes with the use and enjoyment of a person’s property. It is a tort that can be committed by any person who causes a nuisance to another person’s property. Private nuisance can take many forms, such as noise pollution, vibrations, and smells.
Case Laws:
Sturges v Bridgman [1879] 11 Ch. D. 852 – In this case, the defendant had been operating a noisy business for many years, and the plaintiff had recently moved into a neighboring property. The court held that the defendant’s activity was a private nuisance, and the plaintiff was entitled to an injunction to stop the noise.
Halsey v Esso Petroleum Co. Ltd. [1961] 1 QB 246 – In this case, the defendant had constructed a petrol station on its land, which caused gasoline fumes to be released into the air. The court held that the defendant’s activity was a private nuisance, and the plaintiff was entitled to an injunction to stop the fumes.
Section and Reference:
Section 268 of the Indian Penal Code (IPC) defines public nuisance. It states that “a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.”
Public Nuisance:
Public nuisance is an act that interferes with the use and enjoyment of public property or the rights of the public. It is a criminal offence under the Indian Penal Code (IPC) and is punishable by law.
Case Laws:
Municipal Corporation of Delhi v Gurnam Kaur [1989] 1 SCC 101 – In this case, the defendant had built a structure that obstructed a public road, causing inconvenience to the public. The court held that the defendant’s activity was a public nuisance, and the defendant was ordered to remove the structure.
M.C. Mehta v Union of India (1986) 1 SCC 731 – In this case, the Supreme Court of India issued several orders to stop industrial pollution in the city of Delhi, which was causing harm to the public. The court held that the pollution was a public nuisance, and the government was ordered to take appropriate measures to stop the pollution.
Conclusion:
The law against nuisance is an important part of civil law that protects the rights of property owners and the public. Private nuisance and public nuisance are both torts that are punishable by law. Private nuisance can be remedied by an injunction, while public nuisance is a criminal offence that is punishable by law. The case laws mentioned above provide examples of how the law against nuisance is applied in real-life situations. It is
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