Introduction

Section 91 of the Civil Procedure Code, 1908 (CPC) provides for the filing of a suit in the case of public nuisance or other wrongful acts affecting the public at large. It states that such a suit can be instituted for declaration, injunction or such other relief which may be appropriate in the circumstances of the case.

Section 91 of CPC

• This Section deals with public nuisances and other wrongful acts affecting the public. It states that -

(1) In the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted, —

(a) By the Advocate-General, or

(b) With the leave of the Court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act.

(2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions.

• The expression public nuisance has not been defined in the Code. It can however be said to be an act or omission which causes common injury, danger or annoyance to the public or to the people in general who dwell in or occupy property in the vicinity.
• Obstruction of a public highway, pollution of public waterways, storage of inflammable materials, endangering life, health or property of public etc. are instances of public nuisances.

Test for Public Nuisance

• Whether or not a particular act or omission would amount to nuisance depends on the facts and circumstances of each case and no rule of universal application can be laid down.

Who May Sue?

• Any of the following persons may bring a suit in relation to public nuisance or other wrongful acts:
  • Advocate General
  • Two or more persons with the leave of the Court
  • Any private person if he has sustained special damage

Remedies

• The following remedies are available against public nuisance:
  • A person committing a public nuisance may be punished under the provisions of Indian Penal Code, 1860 (IPC).
  • Magistrates may remove public nuisance in certain circumstances by exercising summary powers.
  • A suit can be instituted for declaration, injunction or other appropriate relief without proof of special damage.
  • A suit may also be filed by a private individual, where he has suffered special damage.

Appeal

• An appeal lies against an order refusing to grant leave to file a suit for public nuisance or other wrongful acts affecting the public.

Case Law

• In the case of Municipal Council Rathlam v. Vardichan (1980), the Supreme Court observed that a public nuisance is a challenge to the social justice. In case of public nuisance, it is the power coupled with duty of the Government or local authority to take appropriate steps to remove it.