Nuisance is of two kinds: (a)public, general or common, and (b)private.

PUBLIC OR COMMON NUISANCE.

A person us guilty of a public nuisance who does any act, or is guilty of an illegal
omission, which causes any common injury, danger or annoyance, to the public
or to the people in general who do well, or occupy property, in the vicinity, or
which must necessarily cause injury, obstruction, danger or annoyance to
persons who may have occasion to any public right. Public nuisance can only be
the subject of one action, otherwise a party might be ruined by a million suits.

Public nuisance does not create a civil cause of action for any person. In order
that an individual may have a private right of action in respect of a public
nuisance1) He must show a particular injury to himself beyond that which is suffered
by the rest of public. If the alleged nuisance is, for instance, the
obstruction of a highway, it is not enough for him to show that he suffers
the same inconvenience in the use of highway as other people do. He
must show that he was suffered same damage more than what the
general body of the public had to suffer.
2) Such injury must be directed , and not a mere consequential injury; as,
where one way is obstructed, but another is left open. In such a case the
private and particular injury is not sufficiently directed to give a cause of
action.
3) .....................................................

PRIVATE NUISANCE
Private nuisance is the using or authorising the use of ones property, or of
anything under ones control, so as to injuriously affect an owner or occupier
of property by physically injuring his property or affecting its enjoyment by
interfering materially with his health, comfort or convenience. The essentials
of nuisance thus are (1) an unlawful act; (2)damage actual or presumed.

REMEDIES

The remedies for private nuisances are (1) Abatement, (2) Damages, and
(3) Injunction. Abatement, that is removal of the nuisance by the party
injured without recourse to legal proceedings. The removal must be (1)
peaceable. (2) without danger to life or limb, and (3) if it is necessary to
enter anothers land to abate the nuisance, or where the nuisance is a
dwelling-house in actual occupation on a....................................

BURDEN OF PROOF
In an action for a public nuisance, once the nuisance is proved and the
defendant is shown to have caused it, then the legal burden is shifted on
to the defendant to justify or excuse himself. If he fails to do so he is held
liable, whereas in an action for negligence the legal burden in most cases
remains throughout on the plaintiff. Similar is the position in case of
private nuisance, once a claimant has proved that a nuisance has
emanated from the defendants land, the onus shifts to the defendant to
show that he has a defence to claim, whether this be absence of
negligence in case of statutory authority or that he took all reasonable
steps to prevent the nuisance.