★ Meaning : –

• The term nuisance French word ‘ Nuire ‘ which means to hurt.

• Winfield says that nuisance as a tort means unlawful interference with a person’s use or enjoyment of his land or some right over or in connection
• https://highlawgroup.in/index.php/2024/04/22/definition-of-tort-meaning-of-tort-nature-of-tort-nature-and-definition/

 ( 1 ) Public Nuisance: –

It can be defined as an unreasonable interference with the right to the general public.

For example, digging a public road, stopping a public way, etc. is a public nuisance.

Public nuisance is a crime while private nuisance is a civil wrong.

 It does not create a cause of action for a civil suit but in the following cases can be a civil suit: –

( a ) If special or particular damage or injury.

( b ) Such special or particular damage must be direct and not merely consequential.

( c ) The injury must be substantial.

In Case: – Dr Ram Raj Singh v Babulala AIR 1982.

In this case, Dr. Ram Baj Singh was the plaintiff and he had not suffered any injury from the operation of the grinding machine, so he sought relief. His lawyers claimed that the judicial terms were not understood correctly. The plaintiff in the second appeal sought a permanent injunction to restrain the defendant from operating the machine.

The plaintiff was also a practicing doctor who had set up a consultation office. There was also a road between the consultation room and the machine. The main contention of the plaintiff was that the machine was generating dirt, causing pollution, and was also entering his clinic. As a result, the plaintiff suffered physical and economic loss.

it was also claim in this case that the established the machine without obtaining permission or a license from the Municipal board.

( 2 ) Private Nuisance: –

if the nuisance causes injury and damage to an individual or group of individuals. it’s calleds a privante nuisence

 Following are elements of private nuisance.

 (a) Unreasonable interference.

(b) Such unreasonable interference is with the use of enjoyment of land or

https://www.toppr.com/guides/legal-aptitude/law-of-torts/-as-a-tort/