Public Nuisance under the Law of Torts

Nuisance Meaning

The word "nuisance" comes from the French word "Nuire," which means to anger or hurt. It is when someone's right to use or enjoy their property is unjustly interfered with. This legal privilege may only be withdrawn for good cause.

Under the tort law, "nuisance tort" is the offence of violently interfering with another person's claim to this protection, in breach of the provided protection. In general, everyone has the right to make the most use and enjoyment of their property whether it be tangible, mobile, or immovable to the greatest extent that it can be.

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This Story also Contains

1. Nuisance Meaning
2. Kinds of Nuisance
3. Essentials of Nuisance
4. Defences in Nuisance
5. Difference between Public Nuisance and Private Nuisance
6. Nuisance Case Laws
7. Conclusion

Kinds of Nuisance

Nuisance tort means unauthorised interference with someone’s rights and property. There are two kinds of nuisance. They are-

Public Nuisance

A public nuisance is defined as inappropriate and illegal behaviour by the defendant that results in significant harm to the general public's rights and causes legal problems. It becomes substantial when the defendant's actions have a detrimental impact on a large number of individuals.

Therefore, acts that seriously endanger the general public's comfort, safety, convenience, or health as well as those that violate moral standards have historically been classified as public nuisances. According to Section 268 of the Indian Penal Code, a person commits a public nuisance when they do anything that endangers, injures, or commonly causes harm to the public. Any action that impedes the public's property rights or any other kind of right.

Essential of Public Nuisance-

The essential conditions to constitute an act of public nuisance are-

• Commission of an unlawful act

• Infringement in one person’s property rights

• Such behaviour cannot cause damage to people or property.

Punishment for Public nuisance-

Section 290 of the Indian Penal Code deals with the punishments for making a disturbance in public. According to the regulations, a fine of up to 200 rupees can be imposed on anyone found guilty of irritating the public.

Following the provisions of Section 291: "If the defendant continues to commit the nuisance after an injunction has been issued against him, he may face a fine, a term of imprisonment that may not exceed six months, or both."

Private Nuisance

A private nuisance is any unlawful interference that infringes on an individual's property rights. A nuisance is categorized as a private nuisance when it violates the rights of a specific person or group. A private nuisance differs from a public nuisance in that it is an act that directly impacts one or more individuals rather than the broader public. A civil lawsuit for damages, an injunction, or both, rather than an indictment, is the appropriate course of action in a private nuisance action.

Essential elements of Private nuisance-

The essential elements of private nuisance are-

• Interference with someone’s property unreasonably or unlawfully

• The interference should have caused legal damage or injury to the aggrieved party. The damages might be to the person or property

Types of private Nuisance-

Private nuisance violates the personal property rights of an individual and can be termed as private nuisance. There are two types of private nuisance. They are

1. Causing damage to a property

Private nuisance when it's committed with property is called damages to property. Any reasonable hurt will be sufficient to support an action in the event of property damage. This kind of nuisance might originate from factories, supply lines, etc.

2. Injury to body

Private nuisance when it's committed with the body is called the injury to a body. In this case, the damages or injury is caused against a human body causing harm. When it comes to bodily discomfort, the behaviour that is being complained of needs to go beyond what is considered a normal and natural way to enjoy the property, significantly interfering with everyday conveniences.

Essentials of Nuisance

Damages as compensation

The Court may order the defendant to give the aggrieved party a sum of money equal to the extent of the inconvenience the former experienced. These damages could consist of material as well as monetary recompense.

Injunction as a remedy

If the aggrieved party cannot be fairly compensated or granted material relief under the law, the court may order the defendant to cease the work that is causing the nuisance. Depending on the specifics of the case, an injunction may be permanent or temporary. A court's discretionary remedy, an injunction can be characterized as compelling a party to take action or prevent them from doing an action. It could come in the form of a final or temporary order.

Types of Injunction-

Temporary Injunction-

A temporary injunction is a court order that keeps the property in the same condition until the lawsuit is eventually resolved. Such an injunction is in effect until the matter is finally resolved or until further directives are given. Providing security, protection, and maintenance of the property is the primary goal of this. The primary objective of issuing this injunction is to protect a party's or the suit's property's interests pending the outcome of the lawsuit.

Perpetual injunction-

After the lawsuit, it is issued as a decree, and its consequences are permanent. When a perpetual injunction is granted by the ruling, the injunction litigation is finally resolved. The ultimate decision is made and given an order. This is a definite relief injunction, not an interim one. The Specific Relief Act, of 1963 defines the issuance of a permanent injunction under Section 37(2). The clause states that only a decree made after an investigation and hearing on the merits of the case may give a perpetual injunction. This means that the defendant is permanently barred from exercising his rights or from engaging in any other behaviour that would infringe upon the plaintiff's rights.

Prohibitory Injunction-

This kind of injunction forbids the third party from acting in any way; it is an order to refrain from acting. For instance, to forbid engaging in any construction activities, unlawful possession, or property sales. A prohibitive injunction, also known as a restrictive injunction, is granted under Section 38 of the Specific Relief Act, 1963 and forbids or refrains from allowing someone to carry out a particular act to stop the other person's rights from being violated.

Mandatory Injunction-

This kind of injunction is the fourth one. This kind of injunction gives any party an order to perform a certain conduct in a specific manner. Regarding the Mandatory Injunction, see Section 39 of the Special Relief Act of 1963. The provision addresses the granting of a mandatory injunction but does not provide a precise definition of one. According to this clause, the court has the authority to impose injunctions for the alleged infringement and can, at its discretion, compel the performance of certain acts to prevent the duty from being breached. When providing definitive remedy rather than temporary relief, such as in exceptional or model circumstances like saving lives, etc., the principle of mandatory injunction is applied.

Abatement as a remedy

This is equivalent to a summary trial, in which the plaintiff has the authority to eliminate the nuisance conduct on his own without going through the legal system. But this has to be legal and not illegal. Legal terminology uses the term "abatement" in some ways. Abatement is the term used to describe the elimination or reduction of something in property law. It frequently refers to the elimination or decrease of property taxes. A public nuisance may also be eliminated or reduced by abatement. For instance, a nuisance abatement action permits a city or county to enter private property and carry out the required repairs or demolish the building if it is abandoned and becomes a magnet for criminal activity.

Defences in Nuisance

Prescription Rights

According to Sections 15 of the Easements Act and Section 26 of the Limitations Act, if the Defendant has been continuously pursuing the same course of action against the same plaintiff for the previous 20 years, the Plaintiff is not entitled to seek measures for Nuisance against the Defendant, even if the actions appear to be contrary at first glance.

Statutory Rights

Even though the act falls within the purview of a statute or law that has authorized the action in a certain manner, the plaintiff is not permitted to prosecute the defendant for nuisance. Statutory authority might be either absolute or conditional.

Difference between Public Nuisance and Private Nuisance

Nuisance Case Laws

Shaikh Ismail Habib v. Nirchanda

In this instance, the defendant had donated a part of his own house to charitable causes, allowing neighbours to use it for free for any purpose relating to poojas, marriage celebrations, or other rituals. Discordant instruments were performed for extended periods throughout ceremonies, and there was a lot of noise created because of this particular charity site. It was difficult for the residents in this typical residential area to go out of their everyday activities as usual.

The plaintiff was entitled to an injunction that forbade the defendant from disturbing her while she slept, as the high court found that the defendant's acts constituted a nuisance. Charitable giving is not acceptable as a defence in these circumstances.

Mal Chiranji Lal v. L.L Prasad

The plaintiff's house is next to the defendant's electric flour mill in the Bazar Locality in Mussoorie. The plaintiff claimed that his family and he were unable to dwell in their house due to the excessive noise and vibration caused by this. They claimed that this is making them feel uncomfortable and unconvinced.

The case that was brought before the Allahabad High Court addressed the two arguments combined and concluded that each property owner has the right to use their property as they see fit, however, there may be restrictions on their capacity to use it for incidental or beneficial purposes.

Therefore, the plaintiff has the right to live comfortably in his own home; if the defendant is creating noise and vibration that significantly disturbs the plaintiff, this is a nuisance. The appeal was denied by the court, which declared Mill to be a major question and a nuisance.

Conclusion

A public nuisance is characterized as improper and unlawful behaviour on the part of the defendant that seriously violates the rights of the general public and gives rise to legal issues. When the defendant's activities negatively affect a significant number of people, it becomes important. In public nuisance, the whole society faces annoyance or infringement of personal rights.