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Essentials of Public NuisanceA person must have done an act or an illegal omission. Such an act or omission must cause any common injury, danger or annoyance to the public or to the people in general who dwell or occupy the property in the vicinity.
To make a public nuisance claim you must prove that a person's conduct or behaviour has caused injury, loss or damage to the community as a whole.
(1) In the case of a public nuisance the Advocate General or two or more persons having obtained the consent in writing of the Advocate General, may institute a suit, though no special damage has been caused, for a declaration and injunction or for such other relief as may be appropriate to the circumstances of the
Shell BP Nigeria Ltd (1974) 4 E.C.S. LR, it was held by the court that a private individual would have a right of action when it comes to public nuisance if he can establish before the court that by the defendant's action, he has suffered damage over and above other members of the society.
A public nuisance is an unreasonable, unwarranted, or unlawful interference with a right common to the general public. The sheer number of people affected doesn't transform a private nuisance into a public onerather, the public must be affected in a manner specifically prohibited by your city's or state's laws.
A District Magistrate or Sub-divisional Magistrate, or any other Executive Magistrate empowered by the State Government or the District Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as defined in the Indian Penal Code (45 of 1860), or any special or local law.
Public nuisance is a common law offence involving environmental danger or loss of amenity or offensive public behaviour. The related common law offence of outraging public decency involves actions or displays in public places that outrage generally accepted standards of decency, in the presence of at least two people.
A public nuisance is when a person unreasonably interferes with a right that the general public shares in common. A private nuisance is when the plaintiff's use and enjoyment of her land is interfered with substantially and unreasonably through a thing or activity.