...which will leave the source of nuisance partially unabated, on the ground that the order of the trial court will compel the defendant to use his latrine in a manner which will cause nuisance to him. This approach b...remove a nuisance by reconstructing his latrine and, in case of his failure to do so, directing the removal of the latrine. The facts are these. The plaintiff-appellant Budh Sen alleged that he and the...room nor take his meals in his kitchen because the filth of the latrine was visible from the plaintiff's kitchen; that the defendant's latrine amounted to a nuisance which interfered with the...

...(supra) is fully attracted to the facts of the present case. The defendant cannot be permitted to use his property in a manner which creates nuisance to his neighbour. The working of the furnace has...nuisance by the Cupla furnace newly erected. It is a settled rule of law that the averments made in the pleadings drafted in the Mufissal has to be liberally construed. In the evidence at the trial...the case of attempted nuisance but a case where nuisance has resulted from an accomplished fact. The parties had led catena of evidence both documentary and oral to prove and disprove their respective...

...schedule immoveable property on some assurance of a certain agent at Bangalore, has not put to use the said immoveable property for commercial use or caused nuisance to his neighbour. According to the...has not occasioned nuisance to his neighbour is no jurisdiction to file this petition for the relief in the nature of injunction. In my opinion, the attempt on the part of the petitioner to stall...for commercial activity. The complaint of the petitioner's neighbour over the illegalities, when not responded, led to filing W.P.19029-30/01, whence, a Learned Single Judge of this Court by order...

...raising the issue of complete ban on use of wood which is being used by his neighbour or other activities causing nuisance to the Applicant comes within the purview of private...grievance against the order of the State Authorities, he may approach to the competent forum or in case of private nuisance, he may approach to the competent court/forum for redressal...nuisance. 2. The Authorities are taking necessary actions by issue of notices in accordance with their existing internal rules and powers. If still the Applicant has any...

...which is causing nuisance to him who is his neighbour. According to the petitioner, the Unit of the petitioner in W.P (c) No. 20098 of 2013 is functioning without proper licence/permission and it is...complaint of the writ petitioner in W.P (C) No. 20098 of 2013 is that his establishment of cashew packing centre is not being permitted to function as the petitioner in W.P (c) No. 7514 of 2014 is...is no appearance.4. Learned Government Pleader on instructions would submit that the petitioner in W.P (c) No. 7514 of 2014 has a dispute with the regard to the functioning of the...

.... In the present case, the appellant's neighbour after an experience of two months deemed it to be a nuisance, the municipality agreed and required him to alter it. The present trap-door opens to the...neighbour the municipality ordered him to alter it to the east. The appellant objected and filed the suit.2. The question between the parties was, whether having put in the trap-door to the...municipality may by written notice require the owner or occupier … to alter as they may direct any privy door or trap-door which opens on to any street, and which they deem to be a nuisance.”4...

..., requires permission of Ahmedabad Municipal Corporation. It is true that no citizen/resident can be permitted to use one's property in such a way which creates nuisance to his neighbour. While ventilating...grievance that because of residence of certain number of ladies in the disputed premises, it will generate/cause nuisance to the plaintiff, then it is the duty of the plaintiff to place reasonable...evidence so as to constitute acts of the residents in the disputed premises as amounting to nuisance. In the case on hand, it appears that it is asserted in para 5 of the injunction application that the...

...to do so on account of the nuisance being caused to him by the immediate neighbour, a certain Smt. Sulaikha Beevi. He says that she was burning garbage close to his boundary and that she was also...throwing it into his property, forcing him to make the temporary constructions to save his property from such nuisance. He further says that, as his client has explained in Ext.P4, the toilet referred to...Corporation as well as before the Tribunal that the constructions made by him are only temporary in nature and that it was done so as to abate the alleged nuisance caused to him by his immediate...

...used for prostitution and a sex-shop. But this activity can be treated as per se of a type leading to a nuisance to a neighbour especially of a respectable locality is involved. The running of a lodging...neighbour. No one can deny that in the very large areas that Delhi covers, there are many activities lawfully carried on by the citizens that can be classified as having nuisance value to a neighbour...nuisance as detailed in the plaint by not allowing the guests to visit the quest house between 10 p. m. and 6 a. m.’, this is I.A No, 4324/1982. Nirmala Devi filed another application being I.A No. 833...

...*****”The point which requires consideration is whether nuisance caused to one neighbour or his family would be deemed to have been caused to the community. As observed above,...District Magistrate came to the conclusion that the working of the machines of the petitioner caused nuisance to the members of the family of Dev Raj and in fact the same prayer was made in the application itself. He has gi...and a flour mill which he worked day and night thereby causing great nuisance to the respondent and his family. It was alleged by him that when the flour mill and the oil crusher were run by the...

...trial Court came to a prima-facie finding that in case of a nuisance, the immediate neighbour of the property has locus standi to file the suit so as to stop the nuisance which in any manner...in a particular manner either with or without permission from the authorities, such user, in my opinion, per se would not amount to nuisance to the immediate neighbour. The Supreme Court in...starting of the guest house but after it had become operational created nuisance for the neighbour and the same, therefore, could not be said to be premature.15. In the present case as well...

...Health Officer (Sanitation), to decide upon the issue of nuisance to the neighbour, should issue public notice in daily newspapers and exhibit the same in his office and Zonal Officer office, inviting...the flour mill, is causing neighbour nuisance or not. If nuisance is caused no such permission to run the flour mill should be granted. And if it proved that no nuisance is caused or will be caused...claims and objections from neighbours/people around the area where permission forflourmill is to be granted, hear the claims and objections received and decide on the issue of nuisance, as to whether...

...alleges that the coconut trees planted by the fourth respondent who is the neighbour are causing nuisance to him. He therefore petitioned the revenue authorities for taking action. The revenue..., Tirunelveli District. 4.Sai Ramalingam ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ...of Certiorarified Mandamus, to call for the records pertaining to the impugned orders bearing Na.Ka.Aa. 1/4...

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...which he is lawfully entitled to do. His conduct only becomes a nuisance when consequences of his acts are not confined to his own land but extend to the land of his neighbour by unduly interfering...with his neighbour in the comfortable and convenient enjoyment of his land. Nuisance of this kind are varied but to be actionable, however, the nuisance must be such as to be a real interference with...prohibited by law cannot be stopped at the instance of neighbour by recourse to the law of nuisance. In other words, the contention is that it is a matter for the authorities under the Municipal Act or...

...neighbour and, secondly, he cannot use the same in such a manner which may give cause of actionable nuisance to the neighbour. It was held that, in case, a neighbour feels any difficulty because of the...where the dispute is regarding the opening of apertures by one person in his own walls facing towards the property of another neighbour, would be that every owner has got a right to use his property in...said apertures, it is open to him to construct a wall on his own land, thereby, closing the apertures, if by doing so, he does not evade a pre-existing or well-established right vested in his neighbour...

...will not act as nuisance to the neighbour, affect the community and the public. Here the concept of compounding may not be made applicable. For instance, if in a locality the building regulations...R.S Dhavan and V.P Goel, JJ.:— This is a writ petition filed by a Housing Society, known as Jan Sankalp Sahakari Avas Samiti Ltd. Agra. The petition has been filed to claim certain reliefs...writ of mandamus directing respondent No. 1, A.D.A to release the mortgaged plots of the petitioner held as security for internal development and the cash security of Rs. 8,13,354/- or its...

...restrict the plaintiffs right to enjoy his compound without any annoyance or inconvenience to him. No owner of a house can be allowed to cause nuisance to his neighbour by throwing rubbish and dir...pleadings of the parties are: The plaintiff owned a two storeyed house which was contiguous to the defendants three storeyed house. The defendants projected three windows on the 3rd storey of their house...defendants without any right are throwing dirt in the plaintiffs compound? O.P.P7. Whether the plaintiff has removed Dewankhana which was annexed to the house of the defendants a short time...

...of the petitioner which forms basis of the proceedings clearly indicates that apprehension is confined to damage in the neighbour-hood. It cannot be termed as public nuisance. The remedy for the...causing any nuisance or there was imminent danger to the public safety. In view of the report of Engineer placed on record the building sought to be demolished was about 42 years old and its plaster.... Sections 133 to 141 Cr. P.C deal with public nuisance and not with private nuisance. Unless it is public nuisance Section 133 Cr. P.C cannot be called in aid. The application...

.... of leaning of trees towards roof of neighbour that application even by neighbour for removal of such nuisance is maintainable even though no danger is apprehended to members of public at large...public nuisance. In fact the learned Sessions Judge observed that:- The notice issued to the applicants clearly demonstrates that said foul smell creating breeding place and...requiring such person causing such nuisance to remove such nuisance or, if he objects to do so, to appear before him at a time and place to be fixed and show cause, why the order should not be mad...