Remedies for Private Nuisance

Nuisance:
           The word Nuisance is derived from the French word 'Nuire' and the Latin word 'Nocere' which means to hurt or to annoy. Nuisance is an injury to the right of a person in possession of the property to undisturbed enjoyment of it and results from an improper use by another person of his own property. Nuisance is different from Trespass because it is regarded as an injury to some right accessory to possession but no to possession itself.

There are two types of Nuisance Public Nuisance and Private nuisance.

       Public Nuisance is Criminal Offense. Private Nuisance means unlawful interference with another's use and employment of property or some right over or in connection with the property.

(See in Detail.....What is Nuisance and what are Kinds of Nuisance?) 



Remedies for  Private Nuisanse 

1) Abetment

2) Damages

3) Injunction

1) Abetment:

          Abetment means the removal of a nuisance by the party injured without recourse to legal proceedings. The removal must be peaceable, without danger to life or limb, and if it is necessary to enter another's land or property, after notice to remove the same. Nuisance by an act of commission may be abated without notice to the person who committed it, but not nuisance from omission (except that of cutting the branches of a tree overhanging a person property but without entering upon the land of another person). But, if a speedy remedy is required and it is unsafe to wait, nuisance by omission can be abated without notice. The abatement of a nuisance by a private individual is a remedy which the law does not favor. Under the Indian Easements Act, the dominant owner cannot himself abate a wrongful obstruction of an easement. A private individual cannot abate a public nuisance unless it causes him some special and peculiar harm. Local bodies, like a municipality, have generally statutory powers to abate a public nuisance and when they unreasonably refuse to exercise their power of abatement, a petition under Art. 226 of the Constitution can be filed for directing them to exercise the statutory power of removing a public nuisance.

2) Damages:

     The measure of damages is the diminution in the saleable value of property in consequence of nuisance

3) Injunction: 

       In order to obtain in injunction it must be shown that the injury complained of as a present or impending is such as by reason of its gravity or its permanent character, or both, can not   be adequately compensated in damage The injury must be either irreparable or continues .an injunction to prevent an apprehended or future nuisances will generally not be granted unless the threat be imminent or likely to cause such damage as would be irreparable once it is allowed to occur .kuldip Singh v. Subhash Chandra Jain ,(2000).another category of further nuisance may be when the likely act the defendant is inherently dangerous or injurious such as digging a ditch across a highway or in the vicinity of a children's school or opening a shop dealing with highly inflammable products in the midst of a residential locality.


See also...

Difference between Public Nuisance and Private Nuisance