Tortious Liability For Noise Pollution: A Legal Analysis Of Nuisance In India
- IJLLR Journal
- May 8
- 1 min read
Aziz Umar, Faculty of Law, Jamia Millia Islamia, New Delhi
Introduction:
In Law of the Torts, the wrong of Nuisance denotes an act or omission in which one person or an entity made unlawful interference with the other individual or an entity enjoyment of land.1 Nuisance is often confused with trespass, but these two concepts are distinctly different from each other.
With the breakdown of the Industrial Revolution, Urbanization, and a new notion of Modernization, the issue of noise pollution emerged. The issue of Noise pollution has become contentious not merely for causing Human health hazards but also because it is most significantly detrimental to the overall ecosystem of the globe.
This Assignment aims to present a new perspective in the realm of understanding Noise Pollution in the context of Nuisance. Further, the study critically analyses Judicial interpretation of Indian Courts for overcoming Noise pollution. After reading this text, the reader gets a profound perception of how Noise pollution can be regulated in India and the need for changes in the government policies to overcome the same.
Nuisance under Law of Torts:
According to Salmond: Nuisance consists in causing or allowing to cause without lawful justification, the escape of any deleterious thing from one's land or from anywhere into land in possession of the plaintiff, such as water, smoke, gas, heat, electricity, etc. From this definition, the scope of Nuisance becomes comparatively vast as it does not merely include an unreasonable interference to anyone’s enjoyment of property but also any sort of intervention through Noise, water, and air under its purview.
