INTRODUCTION

Nuisance is one of the most interesting topic in Law of Torts. It plays a vital role in understanding the difference between civil and criminal wrongs. Nuisance can be either public or private, that is, in public nuisance, the wrong which is committed effects a large number of people whereas on the other hand, in a private nuisance case, wrong is committed against an individual or a against a small number of individuals but it is the plaintiff who must prove that it was the defendant’s act that unreasonably interfered with the right to use or enjoyment of plaintiff’s land and this caused the plaintiff substantial amount of harm. It is to be noted that nuisance is very wide in scope and it is still developing day-by-day.

While nuisance laws in England differs from those laws which are followed in India, the main aim of these laws remains the same, that is, to provide Justice. In is to be taken into consideration, that Nuisance differs from negligence and trespass (discussed in the series). In simple words, Nuisance can be regarded as a tort attracting strict liability. In this series, we have taken into consideration several publications, articles and numerous series, and after studying them briefly, we have tried to present the bone marrow in as lucid language as possible (credits are given to the rightful owners).

The purpose of introducing nuisance in Law of Torts is to let the common public know about their rights, how to cope with problems caused by others, what are the remedies provided by the law etc. In this research work we have discussed how a minute problem gets converted to such an extent that it affects the entire community (or a great number of people). We have tried to present some of the landmark cases and we have also inserted number of examples. So, without wasting further time, let’s get started.

• WHAT IS NUISANCE?

Nuisance[1] is an established law tort. It can be described as disturbance, injuring a person’s right to enjoyment of property by performing some improper actions. If a person starts a stone cutting factory on his land, which is situated in the centre of the city due to which the neighbouring land owners start facing problems such as vibration, noise, creating pollution by blowing sand off, will amount to nuisance. Other means by which nuisance can take place includes smell, smoke, fumes, noise, vibrations, heat, water, gas, electricity, spreading disease producing germs or creating health hazards for neighbours.

• DIFFERENCE BETWEEN NUISANCE AND TRESPASS:

By looking at the above definition a prudent person may think that nuisance and trespass are one and the same thing. But that is not the case as nuisance differs from trespass in numerous ways. Let’s discuss some of them below-

[1] Derived from French word “Nuire” which literally means to annoy.

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