Private Nuisance and Public Nuisance

Introduction
Nuisance, in legal parlance, refers to the unlawful interference with a person’s
use or enjoyment of land, or some right over or in connection with it. It is a
civil wrong under the law of torts, but it may also constitute a criminal offence
in certain cases, especially when it affects the public at large.The law recognises
two main forms of nuisance: private nuisance and public nuisance. Although both
involve interference, they differ in their scope, nature of injury, and remedies
available.

Part I – Private Nuisance

Meaning and Definition
Private nuisance is a civil wrong consisting of an unlawful interference with a
person’s use or enjoyment of land or of some right over or in connection with it.
Unlike public nuisance, it affects a specific individual or a determinate number of
persons rather than the public at large.

Definition by Winfield: “Private nuisance is the unlawful interference with

another’s enjoyment of land, or some right over, or in connection with it.”
The interference must be both substantial and unreasonable.
Essential Elements of Private Nuisance
1. Unlawful InterferenceThe interference must be unlawful in the sense
that it is unreasonable or beyond what is tolerable in society. Lawful acts done
reasonably and without negligence may not constitute nuisance.

1. Interference with Use or Enjoyment of LandThe plaintiff must have an

interest in the land — typically as owner or tenant — and must show that the
interference directly affects the use, enjoyment, or comfort of the property.

1. DamageIn private nuisance, proof of damage is essential. The plaintiff

must show substantial injury to comfort, health, or property.

Types of Private Nuisance

1. Physical Damage to Property – e.g., smoke or fumes causing
deterioration of walls or crops.
2. Interference with Comfort or Health – e.g., loud noises, bad odours,
excessive dust.
3. Interference with Easementary Rights – e.g., blocking light or air to a
neighbour’s property.

Defences to Private Nuisance

• Prescription – If the defendant has been carrying out the activity
openly, peaceably, and as of right for at least 20 years, they may acquire the
right to continue.
• Statutory Authority – Acts done under the authority of law may be
immune from nuisance claims.
• Consent of Plaintiff – If the plaintiff consented to the act, the
defendant may be absolved.
• Act of God – Natural causes beyond human control.

Case Laws on Private Nuisance

1. Sturges v. Bridgman (1879) 11 Ch D 852
A doctor built a consulting room in his garden near the defendant’s confectionery
shop, where noisy machinery had been operating for years. The court held that
despite the defendant’s long use, the nuisance became actionable only when it began
to affect the doctor. The case highlighted that “what is a nuisance in one locality
may not be so in another.”
2. Halsey v. Esso Petroleum Co. Ltd. [1961] 2 All ER 145
The defendant’s oil depot emitted oily smuts, acid smuts, and smells, damaging the
plaintiff’s property and affecting comfort. The court awarded damages, holding that
both physical damage and interference with enjoyment of property amounted to
private nuisance.

Remedies for Private Nuisance

1. Damages – Monetary compensation for loss or injury.
2. Injunction – Court order restraining the defendant from continuing the
nuisance.
3. Abatement – Self-help remedy allowing the plaintiff to remove the
nuisance (subject to certain conditions).

Part II – Public Nuisance

Meaning and Definition
Public nuisance is an act or omission which causes common injury, danger, or
annoyance to the public or the people in general who dwell or occupy property in
the vicinity. It is an offence under Section 268 of the Indian Penal Code, 1860,
and can also give rise to civil action if it causes special damage to an
individual.

Definition (IPC Section 268):“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.”

Essential Elements of Public Nuisance

1. Act or Illegal Omission – The nuisance must arise from a positive act
or a failure to act when there is a duty to do so.
2. Affecting the Public at Large – The interference must affect an
indeterminate number of people, not just an individual.
3. Common Injury or Danger – The act must cause injury, danger, or
annoyance to the general public.
4. Special Damage for Civil Action – An individual can bring a civil
action only if they suffer damage different in kind from that suffered by the
general public.

Examples of Public Nuisance

• Obstructing a public road or pathway.
• Polluting a river used by the public.
• Carrying on trade emitting noxious fumes affecting the locality.
• Loud music affecting entire neighbourhood.

Case Laws on Public Nuisance

1. Attorney-General v. PYA Quarries Ltd. [1957] 2 QB 169
The defendant operated a quarry that generated dust, noise, and vibrations
affecting a large number of residents. The court held that it was a public nuisance
because the inconvenience was so widespread as to affect the public at large.
2. Solatu v. Deheld (1955) 1 WLR 424
A defendant obstructed a highway with building materials. The court held this was a
public nuisance as it impeded the public’s right of passage.
3. Municipal Council, Ratlam v. Vardhichand AIR 1980 SC 1622
The Supreme Court of India directed the Ratlam Municipality to take measures to
abate open drainage that was causing stench and health hazards to the public. The
court emphasised the duty of statutory bodies to prevent public nuisance.
4. Ramlal v. Mustafabad Oil & Oil Ginning Factory AIR 1968 P&H 399
The defendant’s factory emitted excessive smoke affecting an entire locality. The
court held it to be public nuisance and restrained the operation until measures to
reduce smoke were taken.

Defences to Public Nuisance

• Statutory Authority – Activities authorised by law may not be
actionable.
• Prescription – Rarely applies because public rights cannot be lost by
long usage by a wrongdoer.
• Act of God – Natural causes beyond control.

Remedies for Public Nuisance

1. Criminal Proceedings – Under IPC Sections 268–294 and CrPC Sections
133–144.
2. Civil Action by an Individual – Only if they suffer special damage.
3. Injunctions – To restrain continuation of nuisance.
4. Abatement – Removal of obstruction or nuisance.

Conclusion
The distinction between private and public nuisance lies primarily in the scope of
injury. While private nuisance protects individual property rights and enjoyment of
land, public nuisance safeguards the general public’s right to health, safety, and
convenience. Courts have consistently balanced competing interests, recognising the
need for tolerance in a civilised society while ensuring that unlawful
interferences do not go unchecked. In both cases, remedies exist to stop the
nuisance and compensate those harmed, but the threshold for proof and the nature of
proceedings differ significantly.