Police Station Mayur Vihar on
13th November, 2012 but that the nuisance continued.
3. The learned Civil Judge, vide order dated 20th July, 2018,
dismissed
whether those effects are transitory or permanent, occasional or
continuous; so that the question of nuisance or no nuisance is one of
fact ... nuisance involves the idea of continuity or recurrence. Such a
nuisance, if continued indefinitely, will be actionable though not if
indulged in only
2012 submitted that the petitioner therein was
exposed to continued nuisance and his best efforts to bring
down the construction in line with the sanctioned
triable by
any Magistrate."
12. Section 291 of IPC defines Continuance of nuisance after
injunction to discontinue as under:-
“291. Continuance of nuisance after ... lawful authority
to issue such injunction not to repeat or continue such
nuisance, shall be punished with simple imprisonment for a
term which may extend
existence of a nuisance, he may, by notice require the person
by whose act, default or sufferance the nuisance arises or
continues, or, if that ... owner or
occupier of the premises on which the nuisance arises or
continues, to abate the nuisance and to execute such works
and take such
competent
authority found that the factory involved is the cause of continuous nuisance
to the public at large and had ordered only corrective measures
nature of mandamus
through General Power of Attorney in respect of continuing
nuisance.
Admittedly, petitioner is living abroad. For removal of
nuisance, there
petitioners are seeking to put an end to the said continuing nuisance
posing danger to public health and safety.
For the purpose of effective disposal
This writ petition was filed by the petitioners with respect to
continuing nuisance taking place on account of sewerage problem caused by the
housing
further report of the State PCB dated 02.09.2021 that odour nuisance
1
continued on account of deficiency in recovery of the solvents in the
distillation ... take additional measures needed to
further minimize odour nuisance.
vi) The industry shall ensure continuous operation of ZLD
System and ensure effective operation
