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Nandini Warrier   12 January 2021

Nuisance

The roads near my house are not really maintained well, it is always dusty and there are potholes almost everywhere. In addition to that, people come and start digging huge trenches for connecting water pipes underground, causing inconvenience to people. Can the public at large sue under civil law? Does Statutory Authority play as an exception to the situation, considering the water pipe connections might be an order of any statutory authority?



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 1 Replies

Kevin Moses Paul   15 January 2021

Before we begin let me introduce what 'Nuisance' actually means I'm the field of Law. The word has been derived from ‘nuire’ a French term which means - 'to hurt or to annoy'. Generally, the term 'nuisance' refers disturbances. Nuisance are of two types basically (i) Private and (ii) Public Nuisance. The situation explained by you have risen with development of water pipes by governmental authorities, and thus it's a public inconvenience that is caused. But as a matter of fact,you cannot sue any authority for the reasons above because the actions taken (i.e.maintenance of water pipes) is crucial and beneficial for public interest itself.However, everyone is equal in the eyes of law and therefore, statutory government does not plays an exceptional role in this matter. Thus to proceed in a systematic manner, you can collect information regarding the tender of the work which includes the time period alloted to the respective department for the completion of the project, such an information could be collected by filing an RTI (Right to Information). In case, the time period has been exceeded, then you or the public at large can file a complaint or civil suit to the respective authority under Nuisance for trouble/inconvenience caused to the general public due to delay in performance or completion of their tasks (connecting water pipes).

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