Question

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

Legal Principles: A private nuisance may consist of:

1. Any interference with a person’s use or enjoyment of land.

2. The act of wrongfully causing or allowing the escape of deleterious things into another person’s land e.g. water, smoke, smell etc.

Factual situation: D erected a brick grinding machine adjoining the premises of P, a medical practitioner. The dust from the machine polluted the atmosphere and caused inconvenience to P and his patients. Here DECISION:

Options

• P cannot stop D because D is carrying on lawful business

• D has fundamental right to carry on any kind of business

• P can claim compensation because D’s activity amounts to nuisance for P

• D can claim compensation from P because P is trying to maliciously prosecute D

Answer 1

P can claim compensation because D’s activity amounts to nuisance for P

Explanation:

"P can claim compensation because D’s activity amounts to nuisance for P" is correct answer because activity of D amounts to nuisance and P can claim compensation against D.  The present problem is based on the on Dr Ram Raj  Singh Vs Babulal' s case.