PUBLIC NUISANCE

                   A nuisance becomes a public nuisance if it materially affects the reasonable comforts and convenience of the class of subject the locality.  It usually involves annoyance or danger to a fairly large section of the public in the vicinity.  In public nuisance rights common to all subject are infringed.  Such rights are not connected with possession or title to any immovable property, it need not be proved that all the members of the class have been affected.  To abate a public nuisance a suit has to be filed u/s 91 of Civil Procedure Code.

                   A public or common nuisance is an act which interferes with enjoyment of a right which all members of the community are entitled to, such as rights to fresh air, travel on the highways not to be exposed to danger to health from infectious diseases, unwholesome food etc.  A public nuisance is actionable as a tort and can be punished as a crime.

                   Section 28 of Indian Penal Code provides a person is guilty of a public nuisance, who does ay act, or its guilty of an illegal omission, which causes any common injury, danger or annoyance to public or to the public in general who dwell or occupying property in the vicinity, or which must necessarily cause injury, obstruction, danger, annoyance to person who may have occasion to use any public right.

In Dr. Ram Raj Singh Vs. Babulal case the defendant erected a brick grinding machine adjoining the premises of the plaintiff, who was a medical practitioner.  The brick grinding machine generated dust, which polluted the atmosphere.  The dust entered the consulting chamber of the plaintiff and caused physical inconvenience to him and patients, and their red coating on clothes, caused by the dust, could be apparently visible.  It was held that special damages to the plaintiff had been proved and a permanent injunction was issued against the defendant restraining him from running his brick-grinding machine there.