PUBLIC NUISANCE

Write a short note on Suit relating to Public Nuisance.

According to the provisions of Indian Legal System, it is considered that government is a guardian of each and every citizen of this country and it is responsibility of government to protect the rights of each and every citizen of this country and if any person tries to violate the rights of another person than the latter person has right to file a suit against the former person and claim compensation from him. But sometimes, wrongdoer violates the rights of a general public i.e., public at large by creating a public nuisance then in such a case, any aggrieved person or more than one aggrieved person have right to file a suit against that wrongdoer on behalf of all the aggrieved persons and can seek remedy from the court. Section 91 of the Code of Civil Procedure, 1908, deals with the provisions of suit relating to public nuisance. Section 91 of Code of Civil Procedure, 1908, provides for filing the suit in case of public nuisance if that affects the public at large. This section states that such a suit can be filed for declaration, injunction or such other relief which is appropriated in the circumstances of the case. The term “public nuisance” has not been defined in the Code of Civil Procedure, 1908. But generally, it can be said to be an act or omission which causes common injury, danger or annoyance to the public at large. For example: – obstructing public highways, polluting water ways or endangering life, health or property of public are some of the instances of public nuisance. In the leading case of Municipal Council, Ratlam v. Vardichan (SC 1980), the Hon’ble court observed that a public nuisance is a challenge to the social justice component of the Rule of Law. In case of public nuisance, it is the power coupled with the duty of the government or local authority to take appropriate steps to remove it. According to the provisions of Section 91 of the Code of Civil Procedure, 1908, an Advocate general of a state or two or more persons after getting permission from the court can file a suit against wrongdoer for causing public nuisance. According to this section, the abovesaid persons can file a suit even though no special damage has been caused to them by the said act of public nuisance. According to this section, they can file a suit for declaration, injunction or any other appropriate relief and if any of them have another independent right to file a suit against wrongdoer then this section does not affect that right and that person can also exercise that independent right and file a suit against wrongdoer.

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