Public Nuisance:
1. Public nuisance is a crime.
2. It is an infringement of public right.
3. It is interference with the rights of public in general.
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ADVERTISEMENTS:
4. The lapse of time cannot legalize public nuisance.
5. In the case of public nuisance, a person may bring an action if “special damage or injury” is caused to the plaintiff. In case of Environmental Pollutions-cum Public Nuisance, any person can sue the polluter.
6. As it is a State’s duty, the responsibility lies upon the State to prove the interference of defendant.
Private Nuisance:
ADVERTISEMENTS:
1. Private nuisance is a civil wrong.
2. It is an infringement of right of a private person.
3. Private nuisance is interference with the rights of a particular person.
4. In due course of time under certain circumstances the nuisance may be legalized under the Law of Prescription.
ADVERTISEMENTS:
5. In case of private nuisance, the injured person may bring an action.
6. The plaintiff must prove interference with his enjoyment of land.