Tort of Private Nuisance - Kesarbai v/s Ganga Bishan Das
torts judiciary intermediate judgment_takeI hate CPC but Law of Torts is even more complicated, especially when you start reading about private nuisance cases. The Supreme Court case of Kesarbai v/s Ganga Bishan Das (1963) is a classic example. In this case, the court held that private nuisance is a tort where one's use of his property causes an injury or damage to the neighboring property.
But here's the thing, it's not that simple. The court also said that in order to establish private nuisance, there must be some actual damage or nuisance to the neighboring property. The case of a factory causing noise disturbance to the neighboring residents is a good example. But what about cases where the factory is operating within its legal rights but still causing a disturbance? Does that constitute private nuisance? It's a grey area and I think the court's decision here is a bit too narrow.
Bhai, in Kesarbai vs Ganga Bishan Das (1955 SCR 277), SC ruled that private nuisance is an infringement of a right to quiet enjoyment of one's land. It's a civil wrong that causes substantial damage to a neighbor's land or premises. Tort of private nuisance can be committed by a private person or even a public authority. In this case, SC upheld that an encroacher on a neighbor's land can be considered a private nuisance.