Public Nuisance ( Section 133 to 143 of CRPC)

dear students,
The word “nuisance” is derived from the French word “nuire”, which means “to do hurt, or to annoy”. Nuisance is an unlawful interference with a person’s use or enjoyment of land, or of some right over, or in connection with it. Nuisance is an injury to the right of a person in possession of a property to undisturbed enjoyment of it and result from an improper use by another person in his property.Nuisances may be divided into two main headings namely, (i) private nuisances and (ii) public nuisances.Nuisances may be permanent, continuing, recurrent and temporary nuisances.Trespass is direct physical interference with the plaintiff’s possession of land through some material or tangible object while nuisance is an injury to some right accessory to possession but no possession itself.
The procedure to remove the public nuisances which can be redressed according to Section 133 of the Code of Criminal Procedure through conditional order is as follows:Whenever a District Magistrate or a sub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers-
(a) That any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; or
(b) That the conduct of any trade or occupation, or the keeping of any goods or merchandize, is injurious to the health of physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandize should be removed or the keeping thereof regulated; or
(c) That the construction of any building or, the disposal of any substance, as is likely to occasion conflagration or explosion should be prevented or stopped; or
(d) That any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and that in consequence the removal, repaid, or support of such building, tent or structure, or the removal or support of such tree, is necessary; or
(e) That any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public; or
(f) That any dangerous animal should be destroyed, confined or otherwise disposed of, such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandize, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order,-
(i) To remove such obstruction or nuisance; or
(ii) To desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandize, or to regulate the keeping thereof in such manner as may be directed; or
(iii) To prevent or stop the construction of such building, or to alter the disposal of such substance; or
(iv) To remove, repair or support such building, tent or structure, or to remove or support such trees; or
(v) To fence such tank, well or excavation; or
(vi) to destroy, confine or dispose of such dangerous animal in the manner provided in the said order; or if he objects so to do, to appear before himself or some other Executive Magistrate subordinate to him at a time and place to be fixed by the order, and show cause, in the manner hereafter provided, why the order should not be made absolute.
Delhi High Court in Ajit Singh vs State and anr held that the magistrate is not duty bound to pass a preliminary/conditional offer on the first date of hearing.
#law#judiciary#crpc#public_nuisance#

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[@prakasha7514]

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[@tanyabhagat4268]

What if aggrieved person moves directly to institute suit of temporary injunction so as to restrain public nuisance under order 39 /or u/s 151 cpc . Can a person availed both the remedies at same time like informing DM/SDM/EM under crpc and injunction under cpc

[@harpreetsinghkahlon2827]

Well here aggrieved person is a state that's why executive magistrate has a ryt to pass such order under this chapter. Moreover if the aggrieved is a private person then he could file a suit under cpc

[@harpreetsinghkahlon2827]

If there a public nuisance only then executive magistrate has a ryt to pass such order

[@tanyabhagat4268]

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Very well explained Harpreet sir...

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Great sir👍👍

[@karansharmaa1]

Dear sir kindly reply can A single person file this case in SDM office or do we need all street people sign. Against of people who increased the House Ramp which cover more then Half street.

[@harpreetsinghkahlon2827]

No place for private nuisance

[@harpreetsinghkahlon2827]

One person can represent society while filing application before SDM

[@suryakantapalai7519]

Thank you sir..

[@Yash-kc5kx]

Sir as per section 133 order of executive magistrate cannot challenge in any court but 137 (2) me magistrate kr 133 ke order ko competent court decide kargi ye dono contracitary hai.

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G

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Thanks sir

[@ankitgoyal9559]

Sir I have one question since now a days many economic offences prevail and if police arrest any main person of any group. I want to ask one thing is their any time period for final report which has to be presented in the court or if that arrested person is approaching for a bail. How he can deal with .

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[@eknoorkhurana3683]

sir ,there is a doubt in 137(2) which is the competent court that you are referring to?

[@salonisharma8401]

The court which will decide public right ...which he denies because executive megistrate is not competent court to decide public right so he will wait for the decision of the competent court ...

[@vrushalinarwade6218]

THank u🙏

[@shailjarastogi6438]

Sir who are executive magistrate. Is they are different from DM and SDM. Plz do reply sir

[@harpreetsinghkahlon2827]

DM SDM are executive magistrate

[@shailjarastogi6438]

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Sr advocates ke chamber mein jo red and black books hoti hain wo kiske leye hoti hain

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Case laws, RCR, SCC ETC

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Sr yeh kis kam atee hain

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Suit me authorities that's is case law jo Apke ke favour me he app court ko dete ho, Precedent jiske basis par app case law ko jeet te ho

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Sir agar koi road pe pe apna makan banaya h toh kya vo nuisance mai aayga pls reply sir

[@harpreetsinghkahlon2827]

Yes

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[@harpreetsinghkahlon2827]

Thank you g

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Tomorrow

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एसडीएम सीआरपीसी 133 को नजर अंदाज कर रहे हैं तो आवेदक क्या करे जब की पब्लिक न्यूसेंस हो रहा है

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Can't say anything, it's a judiciary classes so it took time

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