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Public Nuisance Essay

1880 Words8 Pages

Nuisance Generally when we trace the roots of modern environmental law we find that the roots lie in the common law relating to nuisance. Ordinarily, the term ̳nuisance‘ which has been derived from the French word nuire means ̳to injure, hurt or harm. Wharton‘s Law Lexicon defines it as ―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 is ―an unlawful interference with a person‘s use or enjoyment of land, or some right over, or in connection - with it‖.113 Thus, nuisance is acts interfering with the comfort, health or safety of the individuals. Any act which affects the environment particularly acts of fouling the water or water courses and poisoning the air, creating disturbances to the neighbours by producing excess sound etc. are considered to be act interfering with the peaceful living of the people and going against their health. All these acts are very well treated as nuisances and hence remedial measure were taken for controlling the same. Taking into consideration the relative aspects of nuisance it is broadly divided into two categories, i.e., public or private nuisance. Public nuisance is an act affecting the public at large or some considerable portion of them, public nuisance has been considered as an interference with the right of public general and thus punishable as an offence. Public

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