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Difference between “Public Nuisance” and “Private Nuisance” – Explained!

Public Nuisance:

1. Public nuisance is a crime.

2. It is an infringement of public right.

3. It is interference with the rights of public in general.

Nuisance

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4. The lapse of time cannot legalize public nuisance.

5. In the case of public nuisance, a person may bring an action if “special damage or injury” is caused to the plaintiff. In case of Environmental Pollutions-cum Public Nuisance, any person can sue the polluter.

6. As it is a State’s duty, the responsibility lies upon the State to prove the interference of defendant.

Private Nuisance:

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1. Private nuisance is a civil wrong.

2. It is an infringement of right of a private person.

3. Private nuisance is interference with the rights of a particular person.

4. In due course of time under certain circumstances the nuisance may be legalized under the Law of Prescription.

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5. In case of private nuisance, the injured person may bring an action.

6. The plaintiff must prove interference with his enjoyment of land.