BY : NEHA YADAV
The word nuisance has been derived from the French word ‘nuire’ which means, to hurt or to annoy or damage. Nuisance is a tort which means interfering unlawfully with someone’s personal use or enjoyment of land or someone’s right or any connection if that person is having on it. According to Winfield-nuisance is an unlawful interference with a person’s use or enjoyment of land or some right over or in connection with it. In simple words nuisance means an injury to the right of a person’s possession of his property to undisturbed enjoyment of it and result from an improper usage by another individual.
There are mainly two essential elements of nuisance needed to be present which are as:
- Wrongful act by the defendant
- Loss or damage or inconvenience caused to the plaintiff
Unless these two points are not present in any act, they can not be termed as nuisance.
Generally, nuisance is confused with the term trespass. In case of nuisance interference is direct but in case of trespass interference is consequential. For example, when a tree has been planted in other’s land than it amounts to trespass but when a tree which is planted in our land but its branches extendover the others land it will amount to nuisance.
READ ALSO: PROPOSAL OR OFFER INDIAN CONTRACT ACT,1872 .
KINDS OF NUISANCE:
- Property –
In case of a nuisance with respect to the property, any sensible injury to the property will enough to support an action for the damages.
2. Physical discomfort-
In case of nuisance with respect to the physical discomfort there are two essential conditions required:
- In excess of the natural and ordinary course of enjoyment of the property.
- Interfering with the ordinary conduct of human existence.
There are mainly two kinds of defences available which are as follows:
- Prescription-A right to do an act which would otherwise be a private nuisance, may be acquired by prescription that is by lapse of certain period of time.
- Statutory authority- act carried out by the statutory authority, they can not be claim private nuisance. For example, digging the road by statutory authority which causes inconvenience to public cannot be considered as nuisance
REMEDIES FOR NUISANCE
There are three kinds of remedies which are available in the case of a nuisance which are as follows:
Injunction is a judicial order restraining a person from doing or continuing an act which might affects the rights of others. It may be in form of temporary injunction granted for a specific period of time or may be permanent injunction.
Damages means compensation for the loss suffered by aggrieved party. It is decided by the statute and its main aim is not only to compensate the individual but to make the defendant realise his mistake and deter him from committing the same offence in future.
Abatement means the removal of a nuisance by the party who has suffered, without any kind of legal proceeding. For example, cutting down of overhanging branches.
In this case plaintiff argued before the court for permanent restraining the film Jai Santoshi Maa as it was affecting the religious sentiments. The court held that hurt to religious feelings were not actionable wrong and the plaintiff were not succeeded.
Fumes from defendant factory damaged the plaintiff’s tree. The court held that damage to tree being an injury to property gave rise to a cause of action.
It was held that the continuous ringing of the bell of a catholic church which is in a public way, accounts to public nuisance.
The defendant was awarded an injunction to stop the grinding mill which causes inconveniences to the plaintiff and to his family.