If someone throws garbage infront of your house what will you do?

 

If someone throws garbage infront of your house what will you do?

1. Nuisance is anything that annoys or troubles 

2. According to section 268 ipc, a person is guilty of public nuisance who does any act which causes common injury danger or annoyence to the public or to the people in general who dwell or occupy property in the vicinity or which much necessarily cause injury, obstructions, danger, or annoyance to persons who may have occasion to use any public right

3. Nuisance is of two kinds public and private. Keeping a gaming house in the colony or running a brothel is an example of public nuisance. The branches of a tree hanging over the house of another is an example of private nuisance. A private nuisance affects some particular individual. 

4. Spreading infection, adulteration of food or milk, falling the water of any public reservoir, making atmosphere noxious to health are examples of public nuisance

Action under 34 police act, 

1. If anybody commits any of the following offences which causes obstructions, inconvenience, annoyance, risk, danger or damage of the residents or passengers shall on conviction before a magistrate with a fine and also imprisonment for 8 days 

2. Police officer is empowered to  take that person into the custody without any warrant if he is guilty of 

1. Slaughtering of cattle's

2. Furious riding

3. Cruelty to animals

4. Obstructing passenger

5. Exposing goods for sell

6. Throwing dirt/stones/building materials/ rubbish into the streets

7. Being drunk or riotos 

8. Indecent exposure of person

9. Neglect to protect dangerous places

Under section 133 crpc, 

1. DM or SDM or any other magistrate is in power to take action on the police report in following situation

1. Unlawful obstructions or nuisance to any public place or to any way or river or channel lawfully use by the public 

2. Conduct of any trade or occupation, injurious to any health or physical comfort of the community

3. Construction of any building or the disposal of any substance which may cause explosion or conflagration

4. A building, tent or structure or a tree likely to fall or cause injury to persons 

5. An unfence tank, well or excavation near a public place

6. A dangerous animal requiring destruction, confinement or disposal

What law says about public nuisance regarding SC and ST?

1. If a person who is not a member of sc or st acts with the intend to cause injury insult or annoyance to any member of sc or st by dumping excreta, waste matter , carcases or any other obnoxious substances in his premises or neighbourhood shall be punished with the increment of imprisonment of 6 months or which can extend to 5 years.

Private nuisance

1. Interference must be unreasonable or unlawful 

2. There should be visible damage to the property or with the enjoyment with the property in order to constitute a private nuisance

3. Such interference has to be with the use or enjoyment of land 

4. Private nuisance is that kind of nuisance in which a person's use or enjoyment of his property is ruined by another it may also injuriously affect the owner of the property by physical injury to his property or by affecting the enjoyment of that property

What are the remedies available for nuisance ?

1. Injunction - it may be temporary or for limited period or may be permanent injunction

An injunction is a judicial order restraining a person from doing or continuing an act which might be threatening or invading the legal right of another

2. Damages - it may be compensation to the aggrieved party, the court can award damages

Difference between nuisance and trespass

1. Simply entering into another individual’s property without the consent of the owner is called trespass whereas if there is an injury to the property of another or any interference with his enjoyment of the property then it will amount to a nuisance

For eg - planting a tree in someone’s land would amount to trespass whereas if a person plant a tree on their own land which then outgrows to the land of another would amount to nuisance

Conclusion

1. There are ample remedies available in crpc, ipc, torts and police regulations 

2. Since people in our country are not aware of these laws, they do not take recourse to remedies through these laws. Watch Full Video Here