Section 91

Public nuisance
Who can file a suit?

• The Attorney General or,

• Two or, more persons with the written consent of the Attorney
General
When right to sue arises under section 91?

• Special damage is not necessary to file a suit under section 91 for

public nuisance. Special damage is that damage which is suffered
by an individual beyond which is suffered by him in common with
others.
• The act or, omission should affect the people in general.
• Where apart from the infringement of the rights of the general
body,there is some special damage to the plaintiff in which other
members of the general body are not concerned,such individual
right can be enforced independent of section 92.
What is Public Nuisance

• Definition is given in section 268 of the Penal Code 1860 and

section 2(44) of the General Clauses Act.
• Public Nuisance: Any act or illegal omission which causes common
injury,danger and annoyance to the public or, to the people in
general who dwell or, occupy property in the vicinity or which
cause common injury,obstruction,danger or annoyance to persons
who may have occasion to use the public right.
• Examples of public nuisance: Obstruction to a public highway,
storage of rotten goods so as to endanger public health,opening a
burial or, burning ground near residential house,obstruction on a
tidal navigable river will constitute public nuisance.
What remedies are available against public
nuisance?

• Three remedies are available.

1. Criminal Prosecution under Penal Code 1860
2. Suit for damages by a private individual on proof of special
damage. Section 91(2)
3. Suit under section 91(1).
Section 92
Public Charities
When a suit can be filed under section 92?

• Breach of any express or constructive trust

• The trust must be for public purpose. Trust created for private purpose
shall not be entertained under this section.
• A trust to be for public purpose,the beneficial interest should be vested
in the public or in a section of the public.
• A Muslim Waqf if created mainly and substantially for public purpose of
Charitable and religious nature may be a trust for public purpose under
this section.
• “A suit can be brought under this section against a person in
possession of the trust property who claims adversely to the trust
such as owner of the property or who have received money or
property which he knows to be part of the trust extate”-Majid Vs
Akhter,AIR 1935, Cal 805.
Continued...

• The Attorney General or, two or more persons with written permission
of the Attorney General can file a suit under this section. Consent of
Attorney General is condition precedent to filing of suits under this
section when it is filed by persons other than the Attorney General.
• The plaintiffs should have real,substantial and existing interest in the
trust.
• The founder of the trust,the residents of the locality or members of
the community benefitting from the trust,the trustee,person in lawful
possession of the trust property and worshippers as regards religious
trust have been held to be persons interested in the trust.
Continued...

• A suit filed under this section does not abate on the death of
one of the plaintiffs and the Court has power under Order I
rule 10(2) to add other persons interested in the trust as
parties”.-Ali Begum Vs Badrul AIR 1938 PC 184.
Continued...

• The suit must be for relief specified in sub-section 1.

• If the suit is for any other relief,consent of Attorney General is not
needed. But if in addition to the specified reliefs some other relief
not falling under the specified category is prayed for,section 92
will be attracted and Consent shall be needed.
Cases not covered by the section

• The section does not apply unless

1. The trust is of a Charitable or religious nature created for public
purpose
2. There is allegation of breach of trust or, a direction of the court
is deemed necessary for the administration of the trust
3. The relief claimed is one of the reliefs specified in the section.