public nuisance

vinod bansal (Querist) 04 March 2010 This query is : Resolved
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Is there any provision which enable us to file a suit in civil court or complaint under ipc for removal of public nuisance.Earlier i tried to file complaint us 133 crpc before court of SDM /executive magistrate where presiding officer has advised me not to file the same as the court is not convinced to summon the respondent,so i didnot file the complaint there.Now i m exploring the possibilities to file this matter before civil/crl court .Kindly help me

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Parveen Kr. Aggarwal (Expert) 05 March 2010
Yes. Civil suit against public nuisance can be filed under section 91 of the Code of Civil Procedure, 1908, which is reproduced below:

"91. Public nuisances and other wrongful acts affecting the public:- (1) in the case of a public nuisance or other wrongful act affecting, or likely to affect the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted,-

(a) by the Advocate General, or

(b) with the leave of the Court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act.

(2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions."

Chapter IV of the Indian Penal Code, 1860 (from sections 268 to 294-A) also provides for making public nuisance and other such acts punishable. You may launch prosecution under any of the provisions appropriate in the facts of your case.