Legal Principles:
I. An unlawful interference with a person's use or enjoyment of land or some right over or in connection with it is a nuisance in tort.
II. The fact that the plaintiff "came to the nuisance" by knowingly acquiring property in the vicinity of the defendant's premises is not a defense to nuisance.
III. However, an act cannot be anuisance if it is imperatively demanded by public convenience. Thus, when the public welfare requires it, a nuisance may be permitted for special purposes.
Factual Situation: B buys a plot of land in 2010, and by the year 2012, he constructs a house on the land and takes possession of the house. Adjoining the plot, there are railway tracks. For the first few years of his possession, he is satisfied with the surroundings, and even though two trains pass by his house every day, he grows accustomed to the noise that accompanies them. In 2014, a new government is established at the centre, and the Ministry of Railways sanctions a number of new trains across the entire country to facilitate transportation for the masses. By late 2015, a total of 6 trains cross by B’s house every day, and the accompanying noise becomes unbearable for him. B is greatly aggrieved by the same and sues the Ministry of Railways for the nuisance caused to him.
Will his action against the Ministry succeed?
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