nuisance: Section 91
)Suits relating to public
and scope
(a' Nature for filing of a suit in the
provides
Code
Swton o of the wrongful acts affecting the public at of case putbl
nuisaneor
that such a
other
suit can be institutedfor
appropriate in the
declaration,
injunction large.
tate,
other reliet which may be circumstances
of
theca
(b) Objcet
"Though not so dangerous
Ratanlal and Dhirajlal stated,
good behaviour, nor so urgent as
as
tor keeping the peace or
assemblies, they (nuisances) are yet
sufficiently
fraught with
0Ccunlawasiour
majipotstryent" ithea,
summary action on the part of
In the leading case of Municipal Council, Ratlam v. theVardichan
danger as to warrant a
Supreme Court observed that a public nuisance is a
social justice component of the Rule
it is the power coupled with duty of
of Law. In case of public
the Government or
challengenuitosancethe
to take appropriate steps to remove it.
local authority
(c) Public nuisance: Meaning
The expression "public nuisance" has not been definedin the Code.J
can, however, be said to be an act or onmission which causes CoMmon
injury, danger or annoyance to the public or to the people in general
whodwell or occupy property in the vicinity or which must necessarii
cause injury, obstruction, danger or annoyance to the persons who mau
have occasion to use public rights."2
Thus, Qbstruction of a public highway, pollution of public vater
ways, storage of inflammable materials, endangering life, health o
property of public, ringing of bell day and night, etc. are instances of
public nuisances.
(d) Who may sue?
Any of the following persons may bring a suit in relation to public mur
sance or other wrongful acts:
(i) Advocate General,203
(i) Two oor more persons with the leave of the court.01 205
() Any private person ifhe has sustained special damage
200. Ratanlal &Dhirajlal, Code of Criminal Procedure, 2006, at p. 191. Commissions
201. (198o) 4SCC 162 at p. 171: AIR 1980SC 1622 at p. 1628; see also, Law
Fifty-fourth Report at pp. 10-11. CPC.
202.. S. 268, IPC. 203. S. g1(1)(a), CPC. 204. S. g1(1)(0),
205. S. g1(2), CPC
SPECIAL SUITS
465
Remedies
wllowingremedies are available
availableagainst public nuisance:
perSon Committing a public
() A Penal Code:20% nuisance
nce may be punished under
he Indian
Magistrates may remove public
) nuisance in certain circum-
es by exercising summary powers;207
stances
suitcan be instituted for
(3) A
priate reliefwithout dectaration, injunction or other appro-
proof of special
) A suit may
also be filed by a privatedamage?8 and
suffered special damage,209 individual, where he has
i) Appeal
lies against an order refusing to grant leave
Anappeal to file a suit for
hlic nuisance or other wrongtul acts affecting public. 210
