REMOVAL OF PUBLIC NUISANCE

Public Nuisance
• 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.
 PUBLIC NUISANCE

Section 268 IPC defines public offence

• 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.
 Power to order removal of public
nuisance?
District Magistrate

Sub divisional Magistrate

Any other Executive Magistrate specially

empowered by State Government
When order can be passed for removal of
public nuisance
1- on receiving the report of police officer
2- on the basis of information received from any
other person
and after taking such evidence as the magistrate
thinks fit.
 Circumstance when order for removal of public
nuisance
• (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,
Orders which can be passed by Magistrate
• Magistrate may make a conditional order requiring the person causing
such obstruction or nuisance, 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.
 Step by step procedure
Filling of complaint by aggrieved person Filling of report by the police before
before magistrate magistrate

Magistrate may order investigation by

the police and call for a police report

After perusal of police report magistrate may pass a conditional order for
removal of nuisance under section 133

Service of conditional order on respondant (under section 134)

Implementation of conditional order or appearance for show cause(135)

Taking of evidence (137-138)

Passing of Final Orders

Service of final orders and consequences on

disobedience
THANKS