PRIVATE NUISANCE
A private nuisance is such a continuous infringement of a natural right of property as good in process of time give the wrongdoer and is meant or prescriptive right to do an act which was originally tortious. Thus, if a man beats a house so closed to mine that his roof overhangs mine and the water flows off his roof upon mine, this is nuisance, for which action will lie.
Similarly, a neighbor carries on a noisy or offensive trade or if any one injuriously interference with water course, market ferry or life. Ordinarily an individual has no right to sue in case of public nuisance unless some special damage is sustained by him. Annoyance caused by infringement of natural rights are called private nuisance.
To constitute private nuisance or tort of nuisance, the following essentials are required to prove by the plaintiff-
Interference may cause damage to the property of the plaintiff or may cause personal discomfort to the plaintiff in the enjoyment of the property. But every interference is not a nuisance. To constitute nuisance, the interference should be unreasonable. If the interference is reasonable, no action can be brought. Every person must prevent a noise, vibration, smell etc. So that the members of the society can enjoy their own right. A balance has to maintained between the rights of the occupier to do what he likes with his own and the rights of his neighbor not to be interfered with. It is for the court to decide what act amounts to unreasonable interference, and it varies according to different localities. Act unreasonable activity cannot be excused on the ground that reasonable care had been taken to prevent it from becoming a nuisance.
In Radhey Shyam Vs. Gur Prasad: a suit for permanent injunction was filed to restrain the defendant from installing and running a floor mill in their premises. It was alleaged that running of mail would lose their peace and their health would also be adversely affected. The running of mail would seriously interfere with the physical comfort of the plaintiff and as such it amounted to nuisance. Hence, court passed an order of permanent injunction against the defendant.
