NUISANCE - Lecture - Law - Dr. Sridhar, Lecture notes of Labour Law

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Nuisance

Winfield

• (^) Nuisance is an unlawful interference with a person’s use or enjoyment of land, or some right over it, or in connection with it. Acts interfering with health, comfort or safety
• (^) Public Nuisance is common nuisance-crime Section 268 of Indian Penal Code.
• (^) Private Nuisance is tort

Dr Ram Raj Singh v Babulal

• (^) Brick grading machine adjoining a clinic of a Doctor. Spl damage of red dust, discomfort and pollution to him & patients
• (^) Injunction granted.
• (^) Campbell v Paddington Corpn: 1911. Def built a stand to provide view of Funeral of Edward VII. Pl used to sell chairs from balcony. Entitled to recover damages.

Public and Private

• (^) Public N is a crime interferes with rights of people in general, while private nuisance is a civil wrong interfering with rights of an individual.
• (^) Public Nuisance is a Punishable offence, but civil action lies for person who suffered special damage, which is particular and substantial.

Unreasonable Interference

• (^) Hollywood Silver Fox farm v Emmett. Breading silver foxes, which are extremely sensitive and nervous during breading season. Pl fired a gun as near as possible, foxes killed young ones or miscarriage caused. Injunction and damages granted.
• (^) Continuous ringing of phone to harass, liable, held in Stockes v Bridges.

Interference with use or

enjoyment or property

• (^) Injury to the property itself- eg overhanging of branches, right to support of land or buildings, interference with right to light or air (Easements Act s 15, Limitation Act s 25- peaceful enjoyment as of right, without interruption for 20 yrs)
• (^) Injury to the comfort or health of occupants

Trespass and Nuisance

• (^) T- is through some material or tangible objects, N can be committed through the medium of intangible objects like vibrations, gas, noise, smell, smoke or electricity.
• (^) T is actionable per se, N is actionable only on proof of special damage.

Defences

• (^) Prescriptive Right to Commit a Nuisance, a right to do an act which would otherwise be a private nuisance may be acquired by prescription- easement, if peacefully and openly enjoyed without interruption for 20 years.
• (^) Statutory Authority: Act done under the authority of a statute.Railways not liable for sparks or deterioration in value of land etc.

Environment Law

• (^) Out of principle of public nuisance and occupier’s liability, the environmental jurisprudence evolved.
• (^) Municipal Council, Ratlam v Vardhichand AIR 1980 SC 1622 Magistrate ordered MC to draft a plan within six months to remove nuisance as residents are tormented by stench and stink of open drains and slum under s 133 of CrPC, duty to abate the public nuisance can be enforced Art 38 IPC S 188 and S 123 of Municipalities Act.

Ratlam Municipality case

• (^) High Court reversed Magistrate’s order but the Supreme Court confirmed it. Broader principles of access to justice under A 38
• (^) Environment Protection Act 1986 and Absolute Liability Principle along with several judgments in Mehta cases Supreme Court scripted new environment jurisprudence.