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Md Shadab Ansari (Law Student & Human Rights Activist....)     05 May 2009

Can I file a case against Govt for Public Nuisance?

In process of making the roads one way many holes r left unfilled and accidents occured daily due to these pits on the road. the work is finished now but these pits are left. Can we file a case against Govt for Public Nuisance?

Waht is the process?pl provide me details...



 10 Replies

n.k.sarin (advocate)     05 May 2009

Mr. Ansari You can file the case against the government , the authority under which supervision the said road was build and against the contractor.First of all you have to send a notice under section 80 C.P.C mentioning the said defect of the road due to which accident took place.You can also aid the names of the person who got accident due to the defectiv construction of the road and also claim damages for them. Being a human right activist you must do it. It is in the interest of general public.

Y V Vishweshwar Rao (Advocate )     05 May 2009

I Agree with the Suggestions of Shri Sarin Advcoate

Shree. ( Advocate.)     05 May 2009

Dear Md.Ansari,

The Law of Torts can be invoked to get compensation from the government or governmental agency concerned. This will be in addition to the insurance claim that the victims or the injured persons will get.

Former Judge of the Supreme Court, V.R. Krishna Iyer, said that it is the statutory obligation and constitutional duty of municipal bodies, the State and Central governments and the departments under them, to maintain roads and drains in good condition. “They are liable if any accident takes place because of their neglect. Lack of funds and other excuses cannot be an alibi for not performing their mandatory duty. The government gets huge amounts of money in the form of taxes from various sources and it must be properly used. “People have the basic right to freedom to move safely along the road. Any failure on the part of the government or its agencies to ensure this would mean that people can sue the agency concerned and get huge amounts as compensation,” he said. In the verdict pronounced by Mr.Krishna Iyer in the landmark Ratlam Municipality case, the Supreme Court had categorically stated that financial constraints did not absolve the municipality of the responsibility to perform basic duties like providing proper sanitation facilities to residents.

 Under Section 133 of the Criminal Procedure Code,  the District Collector or the RDO can issue an order to remove the obstacle or public nuisance (in this case potholes). “Relatives of accident victims can cite the bad road condition and file a suit in a civil court.

Sections 143 and 144 of the Cr. P.C., which too speak of the powers entrusted with the Collector and RDO to ensure public safety. The Municipalities Act too says that the civic agency concerned must ensure roads in good condition.

So move forward in filing case against Govt for Public Nuisance....


nitin (advocate)     05 May 2009


I Agree with the Suggestions of Shri Sarin Advcoate and advocate Shree


Swami Sadashiva Brahmendra Sar (Nil)     05 May 2009

I agree with all  above views and further add that a suit for mandatory injunction can be filed in civil court . if you prefer to do so, you should make an application for exemtion from notice u/s 80 CPC showing the urgency of case. you or any person can file the suit in reprasentative capacity with an application under order 1 rule 8 CPC.

you may also make an application uncer s. 133 of CrPC for removal of obstruction and fencing of pits.

Md Shadab Ansari (Law Student & Human Rights Activist....)     05 May 2009

Thank u all........

B.N.Rajamohamed (advocate / commissioner of oaths)     29 May 2009



It is a fit case for bringing a petition as a public interest litigation(PIL). Swift action will be instituted if a writ petition in the form of mandamus is filed as PIL.

B.B.R.Goud. ( Faculty)     02 June 2009

Yes. you need to initiate the appropriate athorities. e. g. if it is in city roads, Muncipal corporation athorities or R & B authorities etc.

even then the problem is not solved, you need to initiate and institute the legal proceedings against the Govt.,

B.B.R.Goud. ( Faculty)     02 June 2009

Under Art 226, writ of mandamus can be issued thru High court.

Sudhir Kumar, Advocate (Advocate)     02 December 2011

Yes you can. Kinldy refer to Ratlam Municipal Corporattion case under s/133 CrPC

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