NUISANCE

• Winfield- It means an unreasonalbe interference with a

person’s use or enjoyment of land, or of some right over,
or in connection with it.
• Society is not for a single person.
• Everyone thinks that he should use his land in a manner
in which he likes, and on the other hand, his neighbor
wants that he should have a quiet enjoyment of his land.
• Law of Nuisance attempts to preserve a balance between
these conflicting interests.
• Law of nuisance is law of neighbour
• What is permissible and what is not?- depends
upon the facts and circumstances
• Difference between Nuisance and Trespass:
Indirect Interference V Direct Interference
Interference with the use or enjoyment V
Interference with Possession
Interference by tangible and intangible both V
Interference by tangible object only
Damage has to be proved V Actionable per se
Note: In both cases, possession has to be
proved.
 KINDS OF NUISANCE
• Public Nuisance- a Crime
• Private Nuisance- A tort
• Public Nuisance- It is interference with the right
of public in general and is therefore punishable
as an offence under section 268, IPC
• Can bring an action of tort in Public Nuisance if
able to prove that he has suffered some special
damage. It means damage caused to a party in
contradiction to the damage caused to the
public at large.
 RAM RAJ SINGH V BABULAL
• The defendant created a brick grinding
machine adjoining the premises of the
plaintiff, who was a medical practioner.
• The machine poulluted the atmosphere with
the dust.
• The dust also entered the chamber of the
plaintiff and caused incovenience to him and
the patients.
• It was held to be a special damage and action
for tort was permitted
 CAMPBELL v PADDINGTON
• The building of the plaintiff was located at a
place from where the funeral procession of
king Edward VII would be visible.
• The plaintiff accepted certain payments to
occupy seats in her building.
• Before the date of the procession, the
defenadnt corporation constrcuted a stand in
front of the building and thus the plaintiff was
deprived of the view and suffererd the loss.
• Held as special damage.
 ESSENTIAL ELEMENTS
• Unlawful/Unreasonable Interference
• Indirect Interference
• An Interface with the use or enjoyment of land
• Damage
 UNREASONALBE INTERFERENCE
• Every Interference is not a nuisance
• It must be Unreasonale
• How to determine the unreasonableness:
A. The condcut of the defendant in the light of all
circumstances
B. The locality
C. Sensitivity of the plaintiff: Plaintiff’s nature or Nature
of business
Strudges v Bridgman: What would be a nuisance at one
place may not be nusiance at another place. For the
purpose of nuisance, it has to be seen as to ‘what is
reasonable according to the ordinary usages of
mankind living in the society.
 INDIRECT INTERFERENCE
a. St. Helen’s Smelting Co. V Tipping: allowing
smoke fumes to drift into the neighbour land
b. Bliss V Hall: allowing unpleasant stenches to
invade adjoining land.
c. Halsey V Esso Petroleum: distrubing
neighbour’s sleep by noise and vibration
d. Batcha Goundan V M.Kannan: Overhanging
branches into neighbour’s land
e. Davey V Harrow Corp: Roots of tree caused
cracks in neighbour building
 Interference with use or enjoyment of land
- property,

Proof of damage