Every person has the right to the enjoyment of their land. If any person does anything that disturbs this right or causes annoyance it results in nuisance.1 Creating nuisance is a civil as well as a criminal wrong, hence, A police complaint can be filed against the people who are dumping waste and against the owner of the land. 2) A case of private nuisance can also be filed against the owner of the land.
Various states and municipalities have enacted environment friendly rules wherein the people who dump waste can be punished and the landowners may also be held liable for not taking care of their land. For example, Owners of vacant plots in East Delhi Municipal Corporation (EDMC) areas can be fined if they fail to stop people from littering their property. Whereas in Tamil Nadu, as per the solid-waste management bylaws of 2016 framed under Section 349 of the Chennai City Municipal Corporation Act officials have the power to penalize residents who dump waste on vacant land. The owner of the land, too, can be penalized under the Tamil Nadu Public Health Act. 3
- Moidin Kunhi Beavy And Anr. vs K. Gopalakrishna Mallya, Minor,, AIR 1953 Mad 849.
- Section 268, The Indian Penal Code, 1860 (Act No. 45 OF 1860
- Section 44, Tamil Nadu Public Health Act, (Act no. III of 1939).
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