Special Part, Illustrations. (9)

Special damage from public nuisance.53. Where special damage is caused to any person by a public nuisance within the meaning of the Indian Penal Code, section 268, the person guilty of the nuisance wrongs and is liable to the person suffering the damage.

Explanation.—Special damage for the purpose of this section means some injury, obstruction, danger, or annoyance to a person, or to his property or business, consequent upon his exercise of a public right being interfered with, and distinct from the fact that it is interfered with.

1. Z. unlawfully digs a trench across a high road, whereby A. and others are prevented from freely passing and repassing thereon. This is no private wrong to A. But if A., going along the road in the dark, and not knowing of the obstruction, falls into the trench and is lamed, this is a special damage for which Z. is liable to A..

2. Z. unlawfully obstructs a navigable river. By this obstruction A. is prevented from taking a certain cargo of goods to market by water, and has to take them overland at increased cost. The expense thus incurred by A. is special damage for which Z. is liable to him.

3. Z. unlawfully obstructs a street in a town by conducting building operations in an unreasonable manner. A. is a shop-keeper in the same street, and by reason of the obstruction traffic is diverted from his shop, and he loses custom and profits. This is special damage for which Z. is liable to A..

4. Z. persistently obstructs a public footway which A. is in the habit of using. A. several times removes the obstruction for the purpose of passing along the way, and is put to trouble and expense in so doing. A. has no right of action against Z., for A. has not suffered any damage or inconvenience except in common with all persons using the way.

5. A., B., and others, being Mussulmans, are accustomed to carry tabuts in procession along a certain public road for immersion in the sea. Z. unlawfully obstructs the road so that the tabuts cannot be carried along it in the accustomed manner. A. and B. have no right of action against Z..

Liability for private nuisance.54. Every one who is guilty of a private nuisance as defined by this Act wrongs and is liable to any person thereby harmed.

Private nuisance defined.55. Private nuisance is the using or authorizing the use of one’s property, or of anything under one’s control, so as to injuriously affect an owner or occupier of property—

What amounts to material disturbance or annoyance is a question of fact to be decided with regard to the character of the neighbourhood, the ordinary habits of life and reasonable expectations of persons there dwelling, and other relevant circumstances.