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Ann   05 June 2020

Mental harassment

My aunty stays alone in a colony. From the past one year she is constantly complaining of various odors coming from her neighbors plot. She believes there is something wrong with their septic tank or drainage and the smell is the worst during the rainy season. Initially she asked them to fix the issue but her neighbor refuses it is from their plot. They also use several chemicals to cover up the smell which all comes into my aunty's house. She tried to involve some older people to talk to them but nothing has given any result. Recently, her neighbors and their relatives threatened my aunty that if she keeps bringing this up they will harm her. They also said whatever she tries she will never prove anything, it is better to leave this place. Is there anything that can be done for such a case?



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 5 Replies

Dibsha Nanda   05 June 2020

Hello.

After understanding your query, I'll suggest that you approach the local police first and ask them to witness the issue. They shall take appropriate action.

After exhausting this remedy, you can file a civil suit under Law of Torts for private nuisance. A criminal case cannot be filed as Criminal law covers only Public nuisance.

Private Nuisance is the kind of nuisance in which a person’s use or enjoyment of his/her property is ruined by another. To file a case for private nuisance:

  • The interference must be unlawful and not justified in the eyes of law.
  • Such interference should be in context to the use or enjoyment of land or of some rights over the property or it should be in connection with the property or physical discomfort.
  • There should be evident damage to the property or with the enjoyment of the property.

So, first approach the local police and if they don't help you, file a civil suit according to the procedure under CPC,1908 for private nuisance.

I hope this resolves your query. 

Regards, 

Dibsha

Ann   05 June 2020

Thank you for your reply. Police is not an option, they filed a false complaint against her for involving health department.  Eventhough she filed a complaint with the same station, the police dont respond to her calls. They had some of their relative give a favor call to the police when they complainted and so the police does not respond if the complaint is against them. 

She also contacted some of her local advocates but none of them is very positive that a suit is going to help her since it is difficult to prove an odor related case.

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     07 June 2020

Civil and criminal proceedings may be initiated and a court commissioner may be got appointed for local inspect to establish the same. 

1 Like

Dibsha Nanda   07 June 2020

Hey. 

In a civilized society, everyone has a right to live peacefully without pollution and health-hazardous atmosphere, which has been recognized as a fundamental right guaranteed under Article 21 of the Constitution of India.

So, I'd suggest you engage a good legal practitioner in this case as various definitions and decisions of courts have also acknowledged odor related nuisance as actionable. 

The Supreme Court and different High Courts of the Country, on various occasions, have asserted that emission of foul smell and bad odor constitutes nuisance. 

One can also rely upon numerous English law judgments on this point of Odour Nuisance.

Some of the decisions are cited in the case of Hiralal and Ors. vs. Sanwaldas Jain, 1994 (2) RCR (Rent) 379, defining nuisance in different senses.

You will just have to prove that the inconvenience caused by the act is grave enough to become an actionable nuisance. The concept of private nuisance and when it becomes actionable is discussed in the case of Laxmiben Mavjibhai and Ors. vs. Shankarbhai Mulubha (1995 GLH (2) 13). 

You can also check 

1. Narpatchand A. Bhandari v. Shantilal Moolshankar Jain and another, AIR 1993 SC 1712.

2.  Asoke De vs. State of West Bengal and Ors., 1989 (1) CLJ 479.

3. Dhannalal And Anr. vs Thakur Chittarsingh Mehtapsingh, AIR 1959 MP 240.

I hope it helps!

Regards, 

Dibsha 

 

1 Like

Ann   08 June 2020

Thank you sir, for your reply.


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