Nuisance:
The term Nuisance is derived from Latin word ‘Nocere’ which means ‘to harm'.
Nuisance is defined as: 'That which annoys and disturbs one in possession of his
property, rendering its ordinary use or occupation physically uncomfortable to him.
(Black’s law Dictionary: 4th edition, 1951)
Nuisance refers to something that causes annoyance, inconvenience, or disturbance.
It can include excessive noise, odors, or other disturbances that disrupt the peace and
comfort of individuals.
Essentials of Nuisance:
1. Unlawful interference
2. Unreasonable use of one’s land
3. Violation of other’s Right
4. Damage or inconvenience
Nuisance is of two types:
1. Public Nuisance
2. Private Nuisance
Public Nuisance:
Public nuisance in torts refers to a legal concept where an individual’s actions or
omissions cause harm, annoyance, or inconvenience to the general public.
Examples can include pollution, excessive noise etc.
Illustration:
A factory emitting harmful pollutants into the air, causing health risks for the
nearby community. The pollution affects the public’s right to breathe clean air
and can have long-term consequences on their well-being. Such a case would be
considered a public nuisance as it impacts the health and safety of the general
public.
Private Nuisance:
A private nuisance is a nuisance that violates a private right not common to the
public or causes damage to one or a limited number of individuals
Example can include Loud music , Fumes .
Illustration:
If your neighbor constantly plays loud music late at night, preventing you from
getting a good night’s sleep. This disturbance directly affects your personal
enjoyment of your property and can be considered a private nuisance. It’s
important to address such issues with open communication and, if necessary,
seek legal remedies to resolve the situation.
Laws related to Public Nuisance in Pakistan:
Section 268 of Pakistan Penal Code 1860.
Any act or illegal omission which causes common injury, danger or annoyance to
the public or to the people in general.
Section 143 and 144 of CR.P.C. 1973:
Section 143
“Magistrate may prohibit repetition or continuance of public nuisance”
A District Magistrate or Sub-divisional Magistrate, or any other Executive
Magistrate empowered by the State Government or the District Magistrate in
this behalf, may order any person not to repeat or continue a public nuisance
Section 144
“Power to issue order in urgent cases of nuisance or apprehended danger”
Empowers district administration to issue orders in public interest that may place
a ban on an activity for a specific period of time.
Section 91 of Civil procedure Code 1908 provides a special remedy for public
Nuisance.
You may seek damages or compensation for the harm caused by the nuisance, as
well as an injunction to restrain the continuation of the nuisance.
Various sections of the C.P.C, such as Section 9 (jurisdiction of civil courts),
Section 38 (injunctions), and Section 39 (temporary injunctions), may be
relevant in a nuisance case.
Neighboring country laws:
In India;
Section 268 of I.P.C:
Any act or illegal omission which causes common injury, danger or annoyance to
the public or to the people in general.
Section 290 of I.P.C:
Whoever commits a public nuisance shall be punished with fine (min. 200 INR).
In English Law;
Part III of the Environmental Protection Act 1990:
Sets out 11 specific categories of nuisance for which a local authority will serve
and enforce to prevent the statutory nuisances .
Civil Law
The Attorney General in England can sue in respect of a public nuisance.
Case laws:
KHUSHI MUHAMMAD---Petitioner Versus ADDITIONAL SESSIONS JUDGE and
others---Respondents (P L D 2019 Lahore 751)
Summary of the petition:
Khushi Muhammad (petitioner) challenges orders passed by a Magistrate and an Additional
Sessions Judge related to an obstruction he allegedly created in a village.
Waris Ali (respondent) filed a complaint claiming Khushi blocked a water passage with clay and
a bund, causing waterlogging and potential disease spread.
Magistrate directed Khushi to remove the obstruction, but he didn’t comply.
Additional Sessions Judge upheld the Magistrate’s order, dismissing Khushi’s appeal.
Court found Khushi’s actions constituted an obstruction and the orders followed proper
procedure.
Khushi’s petition was dismissed.
Key points:
Khushi allegedly blocked a water passage, impacting public health (Public Nuisance).
He failed to comply with orders to remove the obstruction.
Court upheld the orders based on established procedures.
Ghulam Muhammad v. The State (PLD 2004 SC 633)
In this case, the Court was concerned with the issue of noise pollution.
The Court held that noise pollution is a form of public nuisance that can cause significant harm
to the health and well-being of individuals. The Court found that the respondent, a flour mill,
was emitting excessive noise that was causing nuisance to the residents of the surrounding
area. The Court ordered the respondent to take steps to reduce the noise pollution, and to
compensate the residents for the damages they had suffered.
Dawn Newspaper Article: 18 people dead due to pollution
Defenses in Nuisance:
1. Grant (Express & Implied):
Express Grant:
Occurs when the plaintiff directly agrees to or licenses the defendant’s activity, even if
it results in a nuisance. This can be a written agreement or verbal consent. For example,
a neighbor giving permission for a restaurant to operate near their home, even if it leads
to noise and odors.
Implied Grant:
Inferred from the surrounding circumstances and the nature of the relationship
between the parties. For example, living in an industrial area implies a certain level of
noise and disruption. However, the burden of proving an implied grant is on the
defendant.
2. Prescription:
Basically, the defense of "prescription" applies when a nuisance has existed for a long
time, typically 20 years. If the plaintiff and the community were aware of the nuisance
all along and didn't take action, it may be considered accepted. However, this defense
may not be available in all legal systems.
3. . Statutory Authority:
If the defendant’s activities causing the nuisance are authorized by a valid statute,
regulation, or permit, they may have a defense to a nuisance claim. This immunity arises
because the legislature has deemed the activity acceptable for public good.
4. Free consent:
The plaintiff voluntarily consented to the activity causing the nuisance.
5. Public benefit:
The defendant’s activity serves a significant public benefit, outweighing the private
nuisance to the plaintiff.
REMEDIES:
The following remedies are available for Private Nuisance:
Abatement:
Abatement means the removal of a nuisance by the injured party but it must be: a.
peaceful. B. without danger to life or limb. C. prior notice before entering to another’s
land or property.
Damages.
Injunction.