Nuisance - Definition - Law Dictionary Home Dictionary Definition nuisance

Definition :

Nuisance [fr. nuire, Fr., to hurt], something noxious of offensive. Any unauthorised act which, without direct physical interference, materially impairs the use and enjoyment by another of his property, or prejudicially affects his health, comfort, or convenience, is a nuisance.

Nuisance may be distinguished from negligence in that nuisance is an act or omission causing injury, the injury itself giving rise to an action for damages, while a person suffering from damage due to negligence must prove that the damage was caused by some want of care, according to its degree which was required in the particular circumstances of the case. Actions against persons or public undertakings for damage under statutory powers are generally founded on negligence. Where the actual method of exercising the power creating a nuisance is indicated by the statute negligence in the authorised method may be actionable. The onus appears to be on a defendant pleading that the nuisance was inevitable and compulsory by statute to show that the highest degree of care was used to prevent in nuisance when conforming with the statute (see Manchester Corporation v. Farnsworth, 1930 AC 171), but see (English) Railway Fires Act, 1905 (5 Edw. 7, c. 11), as to fires on agricultural land or to crops caused by sparks from an engine; if the power is permissive only, due care must be exercised not to infringe the rights of other people; while statutory powers which are without prejudice to such rights may give rise to an action for damages without any proof of negligence. See Halsb. L.E., title 'Nuisance.'

Nuisance is of two kinds: (1) public; (2) private. If a nuisance affects the property or the health comfort, or convenience of the general public, or of all persons who happen to come within its operation, it is a public nuisance. If, however, it affects the health, comfort, or convenience of only one or two persons, it is a private--not a public--nuisance, and affords ground only for an action of tort. But that which is either in its nature or its consequences an injury or a damage to all persons who come within the sphere of its operation is a public nuisance, though it may be so in a greater degree to some than it is to other (Odgers on the Common Law, p. 230).

A public nuisance may give rise to proceedings of different kinds:-

(1) It may give ground for an indictment by a private individual, or a criminal information at the suit of the Attorney-General.

(2) It may give ground for a civil action, called an information, by the Attorney-General, either of his own motion or at the instance of some person aggrieved, called 'the relator,' who must obtain the sanction of the Attorney-General before writ.

(3) It may also give rise to an action at the suit of some private individual who is specially injured by it beyond the rest of the public, for a public nuisance may be a tort as well as a crime (Odgers on the Common Law, ubi sup.).

In the case of a private nuisance the usual remedy is an action in the Chancery Division for an injunction and damages. As to what acts will amount to a nuisance, see Waller v. Selfe, (1851) 4 De G&S 322; Soltau v. De Held, (1851) 2 Sim NS 142. And see ABATEMENT.

'Any premises as to be a nuisance or injurious to health,' 'any animal so kept,' 'any chimney (not being the chimney of a private dwelling-house) sending forth black smoke in such quantity as to be a nuisance,' and other nuisances described in s. 91 of the (English) Public Health Act, 1875, reproduced and extended by the Public Health Act, 1936, ss. 91-100--s. 101 (Smoke), s. 107 (Offensive Trades), s. 108 (Fried Fish), may be dealt with summarily under that Act by complaint before justices of the peace by a local authority, who are bound to inspect their district to detect nuisances, to serve notices requiring abatement, and to make complaint to justices on the notices not being complied with. As to the metropolis, see Public Health (London) Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 50), Parts IV. and V. See NOISE; SMOKE; INJUNCTION.

The fact that nuisance existed when the plaintiff after came is no a defence to an action for nuisance, Elliotson v. Feethan, (1835) s Bing NC 134. And no prescriptive rights can be acquired for a nuisance.

It includes any act, omission, place, animal or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep, or which is or maybe dangerous to life or injurious to health or property. [The Cantonments Act, 1924, s. 2 (xxii)]

Nuisance ordinarily means that which annoys or hurts or that which is offensive, Durga Prasad v. State, AIR 1962 Raj 92.

As understood in law is broadly divided into two classes - public nuisance and private nuisance. Public nuisance consists of some acts or omissions which result in violation of rights which one enjoys in common with other members of the public. Private nuisance on the other hand is one which interfere with a person's use and enjoyment of immovable property or some right in respect of it, Rafat Ali v. Sugni Bai, AIR 1999 SC 283 (285): (1999) 1 SCC 133. [A.P. Buildings (Lease, Rent and Eviction) Control Act (15 of 1960) s. 10(2)]

The nuisance is the concomitant act resulting in danger to the life or property due to likely collapse etc. The object and purpose behind s. 133 of the Code is essentially to prevent public nuisance and involves a sense of urgency in the sense that if the Magistrate fails to take recourse immediately irreparable damage would be done to the public, State of Madhya Pradesh v. Kedia Leather & Liquor Ltd., (2003) 7 SCC 389 (393). (Criminal Procedure Code, 1973, s. 133)