trespass

Painting advertisement on the outer wall comes into the category of trespass,no doubt, but it also comes into the arena of nuisance as it always annoys you personally whenever you see it, due to reason that no permission was taken from you before painting the advertisement.

Evey state has laws under PREVENTION OF DEFACEMENT OF PROPERTY ACT, refer the act applicable to your state for remedy.

thank you sir for your valuable comment.  .. as per your suggestion i checked the position in Gujarat, In gujarat there is no such state law in place. In that case what can be the remedy? action for trespass or nuisance or both as suggested by Mr. Bhandari.

Action u/s.268 IPC for nuisance can be foisted on the wrong-doers.

thanks again.. But is action u/s 268 of IPC possible when the property is a private property?

If there is a notice in this regard in place, then can action for criminal trespass be also posible?

Sir, I have seen your valuable tips and comments of various topics on lawyersclubindia and i would like to thank you for sharing your knowledge with all. 

Where do you practice law?

I practise @ Hyderabad.

Section 268. Public nuisance

A person is guilty of a public nuisance who does not act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.

A common nuisance is not excused on the ground that it causes some convenience or advantage.

 

Vishal sir, I dont think the section attracts private property. Pl clarify if I am wrong.

Very interesting indeed.