- TYPES OF NUSIANCE:
Nuisance can be mainly divided into two parts, namely –
- Private Nuisance and,
- Public Nuisance
Let’s understand their meanings:
- PRIVATE NUISANCE:
Private nuisance is an obtrusion with a person’s use of land. According to the law, those who own a land or property with legal means possess the rights to use the land or property in just and lawful manner without any interference from other persons. The use or enjoyment of land or property can be hampered in numerous ways, that is, by the means of some sound, vibrations, smell, foul odours excessive lights, etc. Let’s understand this by an illustration –
- Assume a doctor “A”. “A” live in a populous locality and has a clinic situated above his house. He treats and examines the patients there. All was going good till suddenly “B” (A’s neighbour) decided to open a flour mill. B’s property was adjoining A’s property. On his own property B used to ground wheat, millet and other grains. This caused great inconvenience to A, as his patients were breathing in the flour dust and the continuous amount of sound generated from the mill used to make them feel uneasy.
The above case of doctor “A” defines how private nuisance can hamper someone’s right to enjoy their land or property in a reasonable manner.
Here is another example of private nuisance-
- “P” has planted various types of poisonous trees and plants on his property. These trees and plants overgrew and began hanging on the property of “Q”. Even after Q’s constant remainders, P does not pay heed and leaves the branches as it is. One fine morning Q’s cattle nibbles on the juicy looking leaves of the poisonous trees and as a result it dies. Here P will be held liable for doing private nuisance to Q.
Some of the recent private nuisance cases –
- Sri Chandu Khamaru Vs. Smt. Nayan Malik & Ors. (September 02, 2011)[1]
- Kuldip Singh V. Subhash Chander Jain (2000)[2]
- PUBLIC NUISANCE:
Public nuisance can be termed as “Crime”, whereas private nuisance can be termed as a “Civil Wrong”. The reason behind this is simple. In public nuisance, the rights of greater number of people are violated. This can be done in many ways, as digging a large pit in the centre of a market place without any authority, constructing structures at public property without permission, hindrance of view, air, light, etc. But here also it is to be noted that each and every individual cannot bring a suit against such act, as hundreds of civil actions may be filed. To avoid this uncertainty, public nuisance cases are delt under the purview of criminal offences. To understand this better, let’s take a look at an example below:
- ‘Kounts Kustoms” is an automobile modification company. It is a very reputed company, which receives car modification orders throughout the whole country. There is only one problem: parking space. The company deals with such huge numbers of cars that they aren’t left with any further space to park the cars. So, to overcome this problem, they started stacking up the cars along the road (a public road) which is in the front of their company. At the starting it wasn’t a really big deal but by the passing of time, Kounts kustoms started to occupy more space, which resulted in road blockages at literally every other minute of the day. Fed up with this cumbersome day-to-day long traffic lanes, the neighbours decided to file a suit against the company.
Thus, we can see how blocking public passages can create problems for the general public.
Let’s take into consideration another example:
- Club Wolf is a 5-star dance and party resort which is located in a posh society. It provides the customers with drinks and bass boosted DJ system. The club is active 24*7. During its starting days, Club Wolf used to keep the sound in control, but to show off the quality of its bass boosted DJ, it began playing music on a very loud volume, which caused vibration of windows and panes of the neighbours. So, it can be ascertained that Club Wolf has caused public nuisance by disturbing the society members. Therefore, Club Wolf will be liable for creating public nuisance.
Some of the recent Public Nuisance cases –
- Mariamma V. C P Thomas (2003)[3]
Smt. Sudhanarayan V. Prem Phutela (2002)[4]
[1] Sri Chandu Khamaru V. Smt. Nayan Malik & Ors, 7572 of 2011, (Del. 2011)
[2] Kuldip Singh V. Subhash Chander Jain, AIR 2000 SC 1410 (Del. 2000)
[3] Mariamma V. C P Thomas, 1941 of 2002, (Ker. 2003)
[4] Smt. Sudhanarayan V. Prem Phutela, 263 of 2000, (Raj.2002)
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