Law of Public Nuisance

Public and private

nuisance
contamination of water treated as a nuisance
the Water Act:
Private nuisance: interference with the use
of ones land
Public nuisance
a) an interference with a right common to
the general public
b) the extent of harm affecting a lot of
people
c)not to be ascertained, quantification of
damages difficult
) Public nuisance - close connection with
environment law

Suits under CPC

Easement: beneficial enjoyment of

ones land free from air, water or noise
pollution
Civil remedies
Damages
Injunction
interim orders
declaration or decree
Standing a hurdle
s 91,CPC - technique to overcome the
hurdles

Class action
Against environmental violations s.91
Order 1 Rule 8, CPC - amplification of class
action with the permission of the court
notice by personal service or by
advertisement
The decree binding on all parties on whose
behalf or for whose benefit the suit is
instituted
enough that the persons who sue, have the
same interest in the suit.

Perumal Naicker v Rathina

Naicker, AIR 2004 Mad 492
(constructing a building, defendant
encroaching on the common pathway)
the nuisance also affects the public
from freely making use of the path for
reaching important places such as
school, river and graveyard
s 91, CPC not preventing an individual,
personally affected, to file suit
mandatory injunction to the defendant
to remove obstruction of pathway

Charan Lal Sahu v Union of India,

AIR 1990 SC 1480

The

Bhopal Gas Leak Disaster

(Processing of Claims) Act 1985
Central Govt having the exclusive
right to represent the claims of
the victims in parens patriae suits
to deal with speedily, effectively,
equitably
and
to
the
best
advantage of the claimants

As a criminal offense
The Indian Penal Code s 268.
a person is guilty of a public nuisance
who does any act or is guilty of an illegal
omission which causes any common
injury, danger or annoyance to the
public or to the people in general
who dwell or occupy property in the
vicinity, or which must necessarily
cause injury, obstruction, danger or
annoyance to persons who may have
occasion to use any public right.

NUISANCE IN CR P.C

Under s 133 of the Cr PC

an executive magistrate removing public
nuisance
first with a conditional order, and then with
a permanent one - can be utilized in the
case of nuisance of an environmental nature
s 142: immediate measures to prevent
danger or injury of a serious kind to the
public
s 144: for prevention of danger to human
life, health or safety, the magistrate can
direct a person to abstain from certain acts