Indian Concept of Nuisance

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Like major other fields in civil jurisprudence, India borrowed the concept of nuisance from Common Law. Before the conceptualization of the Code of Civil Procedure in 1908, the liabilities incurred in the offence of nuisance emanated from the common law interpretation of ‘civil wrongs' that imposed a tortious liability on the wrong-doer. This tortious liability was a capable ground for claiming damages for the injury caused due to the prevalence of the cause of nuisance for a considerable span of time. Therefore, the concept of nuisance is not statutorily developed in the Indian civil jurisprudence. However, through a spate of adjudication on the same, as well as elaborated criminal interpretation of nuisance as well as its application in tort law has given it a definite dimension. There is no universally accepted definition on nuisance. In fact the term ‘nuisance' is incapable of an exact definition. But its concept is well understood. There must be interference with the use or enjoyment of land, or some right over or in connection with it, causing damage to the plaintiff. Halsbury defines it as an injury to the right of a person in possession of property to undisturbed enjoyment of it and results from an improper use by another of his own property. According to Blackstone, it is something that “worketh hurt, inconvenience or damage”.The act must result into both danger and injury to cause an actionable nuisance. Acts which seriously interfere with the health, safety, comfort or convenience of the public generally or which tend to degrade public morals have always been considered public nuisances and wrongful acts affecting public. Speaking generally, such acts arise from callous disregard of other people's welfare and interest. Nuisance can be broadly classified into two categories: private nuisance and public nuisance. Private nuisance: Nuisance in its
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