J.C. Galstaun v. Dunia Lal Seal

1. Is the order granting a perpetual injunction and damages for nuisance sustainable?

• No one may foul an ordinary drain with matter it was not meant to carry and then demand the Municipality fix it.
• A kutcha surface drain is for rainwater; small pooling is harmless and evaporates. Voluminous factory effluent is different and dangerous.
• Running an offensive trade that harms health or comfort is a legal nuisance, and courts will restrain it.
• Ogston v Aberdeen District Tramways Co: a wrongdoer cannot create a nuisance and escape by saying someone else must remove it.
• Without an injunction, the nuisance could be worsened by factory expansion and more discharge.

• Expert evidence proved the liquid was noxious and foul-smelling; the discharge was a legal nuisance.
• Defendant had no right to discharge factory refuse into a surface drain.
• Defendant could not shift blame to the Municipality to “improve” the drain.
• Perpetual injunction confirmed; damages upheld as awarded by the trial court.

Design purpose matters: A surface drain is for rainwater, not factory refuse. Misuse that harms neighbours is a nuisance.

No escape via third-party duty: A wrongdoer cannot justify a nuisance by saying authorities should fix it (Ogston principle).

• Early Indian authority on industrial effluent as nuisance.
• Clarifies limits of municipal licensing and private rights.
• Shows courts use injunctions to stop continuing harm.

1. Surface drains are not for factory waste.
2. Creating a health-harming smell is a legal nuisance.
3. Licences do not authorise nuisance.
4. Courts prefer injunctions to prevent future harm.

Mnemonic: “Drain, Smell, Stop” (DSS)

• Drain — Only for surface water, not effluent.
• Smell — Noxious odour = nuisance and harm.
• Stop — Perpetual injunction + damages.

Issue: Can the court uphold an injunction and damages for nuisance from factory effluent in a surface drain?

Rule: No right to foul ordinary drains; offensive trade causing discomfort is a legal nuisance; Ogston bars shifting responsibility.

Application: Effluent was noxious and voluminous; drain design was for rainwater; harm to plaintiff was proven.

Conclusion: Yes. Perpetual injunction confirmed; damages sustained.

Legal Nuisance

An unlawful interference with the use or enjoyment of land.

Perpetual Injunction

A final court order that permanently restrains harmful acts.

Kutcha Drain

A basic, usually unlined surface-water drain not built for effluent.