Growing up in an urban society always thought it to be way better than rural life thinking that all the necessary commodities are nearby. Moreover, the concept of people minding their own business also somewhere influenced me to not really look back at rural life again. Although slowly I did realize that people in an urban society did more than minding their own business was involved in public nuisance. For example, creating pollution by bursting crackers or even digging a trench and obstructing public way etc. They usually do not still now understand the concept of living together and in harmony by not being so selfish.

The word “nuisance” is derived from the French word “nuire”, which means “to do hurt, or to annoy”. Nuisance is an unlawful interference with a person’s use or enjoyment of land, or of some right over, or in connection with it. Nuisance is an injury to the right of a person in possession of a property to undisturbed enjoyment of it and result from an improper use by another person in his property.[1] Nuisance is an act that arises from unlawful and unreasonable use of a person’s own property that is working an obstruction or injury to the right of other person who is common public and producing such annoyance to the public and causing inconvenience and discomfort resulting in damage or injury to the rights or the property of a person.[2] Broadly speaking there are two kinds of nuisance one public nuisance and second is private nuisance but public nuisance is well considered to be a criminal offence as it harms or tends to damage public life.

Therefore as it is considered to be a criminal offence the provisions of the Indian Penal Code justifies action and remedies for any person committing the so crime under the due act section 268, says “Public nuisance.—A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage.”

 Further Section 290 in The Indian Penal Code Says, Punishment for public nuisance in cases not otherwise pro­vided for.—Whoever commits a public nuisance in any case not otherwise punishable by this Code, shall be punished with fine which may extend to two hundred rupees.

This study concludes that the general rule is that a person may use his land or personal property in any manner he sees fit. However, this rule is subject to limitation. The owner must use his property in a reasonable manner. A nuisance arises whenever a person uses his property to cause material injury or annoyance to a reasonable neighbor. Odors, dust, smoke, other airborne pollutants, water pollutants and hazardous substances have all been held to be nuisance .Under both private and public nuisance law, the plaintiff must prove that the defendant‟s activity unreasonably interfered with the use or enjoyment of a protected interest and caused the plaintiff substantial harm. The trier of fact determines whether an activity is unreasonable by balancing the social utility of the activities against the harm they create. Private nuisance actions to gain compensation and force polluters to discontinue interference with their physical private property as well as with their comfort and enjoyment of their property. Public nuisance law protects from interference a “right common to the general public.” Plaintiffs may bring a public nuisance action if there are damages,  interference, or inconvenience to the public. A state may assert a public nuisance action as an exercise of its police powers the typical situation. A private citizen may bring a public nuisance action only if he or she can show that he or she has suffered from a harm that can be distinguished from that suffered by the members of the general public.

 

[1] https://advocateaamirhasanworldpress.wordpress.com/2016/07/02/section-133-of-crpc-removal-of-public-nuisance/

[2] https://acadpubl.eu/hub/2018-120-5/2/199.pdf