Tort law of public nuisance: changing dimensions And innovative applications in environmental Jurisprudence

Abstract

The law of public nuisance provides the widest scope for promoting environmental justice claims and actions. But it has its own drawbacks and limitations. Owing to the present construction and interpretation of rule of public nuisance's special injury, the scope for raising action under public nuisance law has been limited, prima facie, as with respect to private actions. The changing interpretations of the special injury rule, has led to cause conflict in public nuisance theory in the contemporary world. Like major other fields in civil jurisprudence, India borrowed the concept of nuisance from Common Law. Before the development of the Code of Civil Procedure in a conceptualized form, in 1908, the liabilities accrued in the offence of nuisance originated from the common law construction of ‗civil wrongs' that imposes a tortious liability on the wrong-doer. The imposition of tortious liability was a sufficientbasis for claiming damages for the damage caused due to the inconvenience and nuisance prevailing for a substantial span of time. Therefore, the concept of nuisance is not statutorily developed in the Indian civil jurisprudence. However, through the machinery of adjudication on the same, as well as comprehensive criminal construction and interpretation of nuisance along with its forms of application in tort law, such has paved way for different dimensions. With the passing time, the dilemma of environmental pollution is acquiring immense and severe proportions. It is left in the hands of Indian Judiciary to go behind the letter of the law and interpreting it in a way to promote the spirit of the law paving way for plausible solutions to this grave problem. The Dissertation is an attempt to outline the environmental jurisprudence in India focussing on the different dimensions of law of public nuisance and the efficiency as such to attain sustainable development. This Dissertation will address the intrinsic challenges under common law of public nuisance, shedding light on the significant legislations which deals with public nuisance.