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public nuisance
brick-powdering mill
Philosophy of Nuisance
A note of caution
a) to judge whether the air has been
polluted to an extent that it has ceased
to be comfortable with human comfort
and existence
b) standard to be employed again is that
of a sober and reasonable mind
c) Concepts of elegant and dainty living
wholly out of place - the location of a
property a relevant circumstance
d) person living in an industrial locality
cannot claim to have as much fresh air
as a person living in a non-industrial
area
Special damage
special damage indicates damage
caused to a party contrary to damage
caused to the public at large
When an act amounts to public nuisance,
an individual can sue in his own right.
This can be done if he is able to prove
special damage to himself, i.e, damage
personal to him as opposed to damage or
inconvenience caused to the public at
large or to a section of the public.
PATH OF ACTIVISM
, AIR1987 SC 2734
Ratlam continues
municipal legislation casting a duty on the municipality to
maintain clean roads and clean drains and IPC punishment
for contravening magistrate s direction are imperative
tones demanding a mandatory duty under s133 Cr
PC
municipality cannot plead that notwithstanding the public
nuisance, its financial inability validly exonerated it from
statutory liability
Cr PC operates against statutory bodies regardless of the
cash in their coffers because human rights have to be
respected by the state irrespective of budgetary
provisions
statutory agencies should not defy their duties by urging in
self-defense, a self-created bankruptcy of perverted
expenditure budget.
Rajasthan High Court held that all these constituted public nuisance
justifying interference of the magistrate.
Madhavi v Thilakan
residential area)
CONFLICT OF JURISDICTION
Water and air Acts cover the area in relation to the control of
water and pollution of a special statute with machinery to
redress grievances - each law a code
do these special statutes aiming protection of the environment
prevail over, or repeal, s 133 - procedural formalities make the
remedies under those laws a complex time-consuming process
sometimes court seizing of the matter after happening of harm
Repeal being a legislative exercise, special laws do not repeal
the law of public nuisance - no implied repeal special law
overrides general law, only if, both operate on the same field one relates to pollution control, the other refers to maintenance
of public order and tranquility
compelling the aggrieved citizens to approach the board brings
no effective results being more or less a complainant before a
judicial magistrate Cr PC provides a mechanism for quick
remedy against nuisance.