Sheikh AZFAR AMIN vs Chaudhary ASIF ALI Private/public nuisance — 2022 PLD 92 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PLD 92 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PLD
Parties: Sheikh AZFAR AMIN vs Chaudhary ASIF ALI Private/public nuisance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Sheikh AZFAR AMIN VS Chaudhary ASIF ALI Private/public nuisance---Distinction---Right protected by the tort of 'private nuisance' was the right to enjoy one's property---Essence of the right that was protected by the crime/tort of 'public nuisance' was the right not to be adversely affected by an illegal act/omission that was jeopardizing the life, safety, health of public etc.---Unlike a private nuisance, a public nuisance would not necessarily involve interference with use/enjoyment of land---Both the torts were separate from each other and the rights protected by the said torts were also dissimilar, hitherto it was true that same act/omission might have given rise to both public and private nuisance---Same conduct could amount to both private and public nuisance---When an individual had suffered more particular damage greater than that suffered by the public, he could maintain the action as an individual. Head Notes

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