Nuisance: A Tort
Article By: Dhanya Sharma
The word Nuisance means to “hurt or to annoy”. The word nuisance is derived from the word “nuire”.The Act Nuisance is an injury to the right of a person in a possession of a property to undisturbed enjoyment of it and result from a improper use by another person in his property .Ordinarily, nuisance meane disturbances or unlawfull interference with person’s use or enjoyment of Land or of some right over of any sort of connection with it.
Ex-) Acts interfering in comfort o health or safety of person in the way of Noise, vibration, heat smoke, smell, fumes’water, Gas, Electricity, Excavation, Disease producing germs, sewer obstructions etc.”
According to Clark and Lindsell: “Nuisance is an act or omissionwhich is an interference with disturbance of or annoyance to a person in exercise of enjoyment
For an act to be a Nuisance it should have the following essentials:
WRONGFUL ACT : For an act to constitute nuisance, it should be an unlawful interference with a person or his property.
ACTUAL DAMAGE OR LOSS – Inconvenience or annoyance Caused to another which the “law considers as substantial material as opposed to Sentivity or delicacy..
It was held that hurt to religious feeling was not actionable wrong.
Types of Nuisance :
Public Nuisance : A public nuisance is an act affecting the public at large or some considerable portion of it, Act which interfere with the health, safety, comfort and convenience of public.which tends to degrade public orals have always been considered a public nuisance.
Under Section 3 (48) of the General Clauses Act, 1897, the words mean a public nuisance defined by the Indian Penal Code.
Example : Suppose someone has blocked the highway, due to which public are unable to use that facility it becomes a public nuisance when it affects the public at large .
Damages for Public nuisance:
If any person is injured due act of any person in the nature of the public nuisance that he/she can sue the person for damages as a public nuisance.The plaintiff in a nuisance Case can recover damages for harms suffered. The creater of nuisance will be Liable for compensatory damages covering the value lost due to the nuisance and reductions in property.
Case: Soltan v. De held (1851)-
De Helds was the priest of a church. Throughout the day the bell of the church was ringingand producing sounds, which affects the people living in the vincinity of the church. The Plaintiff was the most affected person, since his house was near the church The court in this case decided that it was a type of Public Nuisance and plaintiff was entitled to injection.
Requirements of valid claim for public nuisance :
Sec 268 in The Indian Penal Code
A person is guilty of public nuisance who does any act or is guilty of an illegal omission which causes any common injury ,dangers or anoyance to the public or to people in general who dwell of occupy property in vicinity or which must necessarily cause.
Private Nuisance : A nuisance interface is an activity or condition that interferes with the use and enjoyment of neighbouring privately owned Londs, without, however, contituting and actual invasion of the property.Private nuisance occurs whenever someone prevents or disturbs your use or enjoyment of your property.
Example, if ur neighbour let his dogs bark all night preventing you from sleeping, thats a private nuisance .
Case: D . Ramnatha vs Razack
The case was that plaintiff. enjoying light and air from window and ventilator form upstairs of building for about 50 years. Therefore, he acquired easement, rights. The defendant construction which he wants to do of two story will completely shut up there windows and there will be no light or air to pass to property of plaintiff. It was held that defendant is not allowed to obstruct the air and light coming through the windows hence court instated the suit of permanent injuction permanently prohibiting the defendant from shutting out the windows and ventilators situated in the plaintiff property .
Conclusion :
This case mentioned above is based on the society where nuisance has been decided. Cases concerned to fort has not come in sudden it has been evolved with the passage of time and in there case law of fort precedent plays a very important role while deciding cases pending.
Requirements of valid claim for private nuisance :
Private nuisance, broady, take three forms namely encroachment on the land of neighbour, direct physical injury to the land and interference with enjoyment of land by neighbour.
