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Public Nuisance under Section 91 CPC

Definition and Scope- Section 91 of the Civil Procedure Code (CPC) pertains to suits related to public nuisance and other wrongful acts affecting the public. Such suits aim to address acts that tend to cause annoyance or harm to the community at large, or neglecting actions necessary for the common good Gourav Juneja S/o Krishnlal Juneja VS State of Rajasthan - Rajasthan, Mahesh Chand Sharma VS Hukam Chand Sharma - Rajasthan, Sheela Devi VS J. P Honda Service Centre - Punjab and Haryana.- Public nuisance is also defined in Section 268 of the Indian Penal Code (IPC) as an offense against the public, either by doing acts that cause general annoyance or by neglecting acts essential for the common good Gourav Juneja S/o Krishnlal Juneja VS State of Rajasthan - Rajasthan.

Legal Provisions and Requirements- A suit under Section 91 can be filed for declarations or injunctions without proving special damage, emphasizing its focus on acts affecting the public at large Gourav Juneja S/o Krishnlal Juneja VS State of Rajasthan - Rajasthan, Sheela Devi VS J. P Honda Service Centre - Punjab and Haryana.- The section allows two or more persons or the Advocate General to institute such suits with the court's leave, highlighting the importance of legal authorization for public nuisance cases MOHAN vs DHARAMSHALA SHRI RAMCHANDRA PHOOLCHAND - Madhya Pradesh, NIRANJAN DAS Vs. VIJAY SAINI - Rajasthan.- Sub-Section 2 clarifies that rights to sue are not limited by Section 91, meaning independent rights can also underpin such suits MOHAN vs DHARAMSHALA SHRI RAMCHANDRA PHOOLCHAND - Madhya Pradesh.

Procedural Aspects and Court Decisions- Compliance with procedural requirements, such as obtaining leave of court, is crucial. Non-compliance can lead to the rejection of suits (Order 7 Rule 11 CPC) NIRANJAN DAS Vs. VIJAY SAINI - Rajasthan, MOHAN vs DHARAMSHALA SHRI RAMCHANDRA PHOOLCHAND - Madhya Pradesh.- The courts have emphasized that the determination of whether an act constitutes a public nuisance depends on evidence, especially regarding whether the nuisance affects public order or safety, such as imminent danger to life or property Gourav Juneja S/o Krishnlal Juneja VS State of Rajasthan - Rajasthan, Sheela Devi VS J. P Honda Service Centre - Punjab and Haryana.

Insights and Main Points- Section 91 CPC provides a specialized legal remedy for acts that threaten public order, allowing public interest litigation by authorized parties, including the Advocate General or with court permission Gourav Juneja S/o Krishnlal Juneja VS State of Rajasthan - Rajasthan, Fayzan Khan vs Superintendent of Land Records, Mumbai Suburban District - Bombay.- The scope includes future acts likely to affect the public, such as advertisements or construction activities, if they pose a threat or nuisance Mahesh Chand Sharma VS Hukam Chand Sharma - Rajasthan, Fayzan Khan vs Superintendent of Land Records, Mumbai Suburban District - Bombay.- The distinction between public nuisance and private nuisance is significant; the former involves acts affecting the community at large, while the latter pertains to individual interests AVINESH KUMAR Vs DELHI DEVELOPMENT AUTHORITY AND ANR. - Delhi.

Analysis and Conclusion- Under Section 91 CPC, a public nuisance is characterized by acts or omissions that cause widespread annoyance or danger to the public, with courts requiring procedural compliance such as obtaining leave before filing suits.- The legal framework aims to balance public interest with judicial oversight, ensuring suits are filed by authorized persons and are based on sufficient evidence of public harm.- Proper adherence to procedural rules is essential; failure to do so can invalidate claims, but when compliant, Section 91 provides a robust mechanism to address public nuisances affecting community welfare.

References:- Gourav Juneja S/o Krishnlal Juneja VS State of Rajasthan - Rajasthan- Mahesh Chand Sharma VS Hukam Chand Sharma - Rajasthan- Sheela Devi VS J. P Honda Service Centre - Punjab and Haryana- Fayzan Khan vs Superintendent of Land Records, Mumbai Suburban District - Bombay- Fayzan Khan vs Superintendent of Land Records, Mumbai Suburban District - Bombay- AVINESH KUMAR Vs DELHI DEVELOPMENT AUTHORITY AND ANR. - Delhi- NIRANJAN DAS Vs. VIJAY SAINI - Rajasthan- MOHAN vs DHARAMSHALA SHRI RAMCHANDRA PHOOLCHAND - Madhya Pradesh

Public Nuisance Under Section 91 CPC Explained

In today's urbanizing India, issues like pollution, obstructions on public roads, and environmental hazards frequently disrupt community life. Many wonder: What is Public Nuisance under Section 91 CPC? This provision in the Code of Civil Procedure (CPC), 1908, offers a vital legal tool to address acts harming the public at large. Whether it's a factory polluting a river or illegal construction blocking access, Section 91 empowers specific parties to seek remedies like declarations and injunctions—often without proving personal damages.

This blog post breaks down the definition, scope, procedures, and judicial insights into public nuisance and other wrongful acts under Section 91 CPC. We'll draw from statutory provisions, key amendments, and court rulings to provide clarity. Note: This is general information, not legal advice. Consult a qualified lawyer for your specific situation.

Legal Basis of Section 91 CPC

Section 91(1) CPC, as amended, authorizes suits for public nuisance or other wrongful acts affecting the public. These suits can be filed:- By the Advocate General, or- By two or more persons with the leave of the CourtAdani Wilmar Ltd VS A. S. Hansraj, Member of Lions Club - 2018 0 Supreme(Mad) 1661.

The amendment broadened the scope beyond just public nuisance to include wrongful acts affecting the public, underscoring a strong public interest focus Adani Wilmar Ltd VS A. S. Hansraj, Member of Lions Club - 2018 0 Supreme(Mad) 1661. As per one source: Public nuisance and other wrongful acts affecting the public.- (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... Pyare Lal & Ors vs Harishankar - 2024 Supreme(Online)(MP) 9662 - 2024 Supreme(Online)(MP) 9662.

This provision is crucial because it allows action even for acts likely to affect the public, not just those causing current harm Adani Wilmar Ltd VS A. S. Hansraj, Member of Lions Club - 2018 0 Supreme(Mad) 1661.

Defining Public Nuisance

The CPC does not explicitly define public nuisance, but courts interpret it via Section 268 of the Indian Penal Code (IPC) and ordinary meaning. Under Section 268 IPC, public nuisance is an act or omission causing common injury, danger, or annoyance to the public or to persons in the vicinity who use public rights Adani Wilmar Ltd VS A. S. Hansraj, Member of Lions Club - 2018 0 Supreme(Mad) 1661.

Key characteristics include:- Acts that seriously interfere with public health, safety, comfort, or convenienceAdani Wilmar Ltd VS A. S. Hansraj, Member of Lions Club - 2018 0 Supreme(Mad) 1661.- Material interference with the physical comfort of the community, which must be considerable and injurious in praesenti (immediate), not hypothetical Uttam Kumar Jain VS Sunil Acharya - 2015 0 Supreme(Raj) 1956 Ranjana Devi VS Naurang Lal - 2014 0 Supreme(Raj) 1113.- Focus on quantum of annoyance affecting the public at large, not individual grievances Uttam Kumar Jain VS Sunil Acharya - 2015 0 Supreme(Raj) 1956 Ranjana Devi VS Naurang Lal - 2014 0 Supreme(Raj) 1113.

Courts emphasize: Nuisance is an obstruction, risk or injury caused to any person and if the same is caused in a public place it becomes 'public nuisance' MAHULBHAI BIPINBHAI TAMBOLI VS AKSHAYBHAI RAMANBHAI THAKKAR - 2019 Supreme(Guj) 393 - 2019 0 Supreme(Guj) 393. Examples include obstructing public ways, pollution affecting drinking sources, or activities endangering public safety St. Marys Orthodox Church VS Thankamani Rajan - 2015 Supreme(Ker) 1656 - 2015 0 Supreme(Ker) 1656.

Scope of Wrongful Acts Affecting the Public

Beyond public nuisance, Section 91 covers wrongful acts that unlawfully infringe on public rights or adversely affect public interestAdani Wilmar Ltd VS A. S. Hansraj, Member of Lions Club - 2018 0 Supreme(Mad) 1661. This expansive language means:- Suits for declaration and injunction without proving special damages, if acts affect or are likely to affect the publicAdani Wilmar Ltd VS A. S. Hansraj, Member of Lions Club - 2018 0 Supreme(Mad) 1661.- Principle of ejusdem generis does not limit wrongful acts to public nuisance; they stand independently Adani Wilmar Ltd VS A. S. Hansraj, Member of Lions Club - 2018 0 Supreme(Mad) 1661.

Judicially, wrongful acts encompass pollution, illegal constructions, or advertisements posing threats Mahesh Chand Sharma VS Hukam Chand Sharma - Rajasthan Fayzan Khan vs Superintendent of Land Records, Mumbai Suburban District - Bombay. Importantly: However, under Section 91(1) CPC, even persons to whom no special damage has been caused by the public nuisance or other wrongful act, may also file the suit by complying with the conditions stipulated in Section 91(1) CPCMohinder Singh VS Surmukh Singh - Current Civil Cases.

Procedure for Filing Suits Under Section 91 CPC

Instituting a suit requires adherence to strict procedures:1. By Advocate General: No court leave needed Adani Wilmar Ltd VS A. S. Hansraj, Member of Lions Club - 2018 0 Supreme(Mad) 1661 Gurdial Singh VS Hari Singh - 2000 0 Supreme(P&H) 180.2. By two or more persons: Must obtain leave of the Court, especially without special damage Gurdial Singh VS Hari Singh - 2000 0 Supreme(P&H) 180 Lrs of Baktaram VS Vijay Singh - 2014 0 Supreme(Raj) 1765.

Non-compliance, like failing to seek leave, may lead to rejection under Order 7 Rule 11 CPC NIRANJAN DAS Vs. VIJAY SAINI - Rajasthan. Section 91(2) clarifies it doesn't limit independent rights to sue MOHAN vs DHARAMSHALA SHRI RAMCHANDRA PHOOLCHAND - Madhya Pradesh.

The test for viability: Does the act cause common injury, danger, or annoyance to the public or affect public rights? Mere individual inconvenience isn't enough; it must involve quantum of inconvenience to the community Ranjana Devi VS Naurang Lal - 2014 0 Supreme(Raj) 1113 MOOLCHAND VS CHHOGA - 1960 0 Supreme(Raj) 280. Imminent danger or actual nuisance is key—mere apprehension may not suffice unless immediate harm is shown Parklands Apartments Association, Rep. By its Secretary VS Headmaster, Madras Christian College Higher Secondary School - 2021 0 Supreme(Mad) 2855 Gourav Juneja S/o Krishnlal Juneja VS State of Rajasthan - 2024 0 Supreme(Raj) 1505.

Judicial Interpretations and Key Cases

Supreme Court rulings provide clarity:- Interference must be material and immediate, not future risks Uttam Kumar Jain VS Sunil Acharya - 2015 0 Supreme(Raj) 1956 Ranjana Devi VS Naurang Lal - 2014 0 Supreme(Raj) 1113.- Public nuisance affects public order or safety, like pollution impacting wells and streams for locals St. Marys Orthodox Church VS Thankamani Rajan - 2015 Supreme(Ker) 1656 - 2015 0 Supreme(Ker) 1656.

Courts distinguish public from private nuisance: The former impacts the community, allowing suits without special damage AVINESH KUMAR Vs DELHI DEVELOPMENT AUTHORITY AND ANR. - Delhi. Evidence of widespread effect is crucial, such as on public health or access Gourav Juneja S/o Krishnlal Juneja VS State of Rajasthan - 2024 0 Supreme(Raj) 1505 Sheela Devi VS J. P Honda Service Centre - Punjab and Haryana.

In one observation: 91 of CPC deals with Publicnuisance and other wrongful acts affecting the public and provides as under... proceedings qua such publicnuisance or wrongful act BIRENDER vs LAXMI NARAYAN AND OTHERS - Punjab and Haryana.

Distinctions and Limitations

Public vs. Private Nuisance: Private suits require special damage; public ones under Section 91 do not, but need public impact C. K. Gopalan VS M. G. Mathew - 2017 Supreme(Ker) 813 - 2017 0 Supreme(Ker) 813.
Future Threats: Allowed if likely to affect public, e.g., proposed polluting activities Mahesh Chand Sharma VS Hukam Chand Sharma - Rajasthan.
Procedural Safeguards: Ensures frivolous suits are curbed via court leave MOHAN vs DHARAMSHALA SHRI RAMCHANDRA PHOOLCHAND - Madhya Pradesh.

Key Takeaways and Recommendations

Public nuisance under Section 91 CPC involves acts seriously interfering with public health, safety, or comfort, per IPC Section 268 and judicial tests Adani Wilmar Ltd VS A. S. Hansraj, Member of Lions Club - 2018 0 Supreme(Mad) 1661.
Wrongful acts extend protection to unlawful infringements on public rights, even preemptively.
File via Advocate General or with court leave; no special damage needed.
Emphasize material, immediate interference and public interest in pleadings.

Actionable Advice: If facing a community-wide issue, assess public impact and seek leave promptly. This framework promotes public interest litigation while balancing oversight Fayzan Khan vs Superintendent of Land Records, Mumbai Suburban District - Bombay.

In conclusion, Section 91 CPC is a powerful yet procedural remedy for safeguarding public welfare. By understanding its nuances, individuals and authorities can effectively combat nuisances threatening communal well-being. Always verify with current law and professional counsel.

References (select citations):Adani Wilmar Ltd VS A. S. Hansraj, Member of Lions Club - 2018 0 Supreme(Mad) 1661 Uttam Kumar Jain VS Sunil Acharya - 2015 0 Supreme(Raj) 1956 Ranjana Devi VS Naurang Lal - 2014 0 Supreme(Raj) 1113 Gurdial Singh VS Hari Singh - 2000 0 Supreme(P&H) 180 Gourav Juneja S/o Krishnlal Juneja VS State of Rajasthan - 2024 0 Supreme(Raj) 1505 Pyare Lal & Ors vs Harishankar - 2024 Supreme(Online)(MP) 9662 - 2024 Supreme(Online)(MP) 9662 MAHULBHAI BIPINBHAI TAMBOLI VS AKSHAYBHAI RAMANBHAI THAKKAR - 2019 Supreme(Guj) 393 - 2019 0 Supreme(Guj) 393

#PublicNuisance, #Section91CPC, #IndianLaw

Mahesh Chand Sharma VS Hukam Chand Sharma - 2023 Supreme(Raj) 1961

So, without complying the provision of Section 91 CPC and Order 1, Rule 8 CPC, the present suit was not maintainable. Learned counsel for the defendants also submits that plaintiff had no locus standi to file the civil suit as a public interest litigation. ... So, SDM had power under Section 133 Cr.P.C. Learned counsel for the defendants also submits that a bare reading of the plaint r....

Sheela Devi VS J. P Honda Service Centre - 2023 Supreme(P&H) 617

One is under Section 91 of the Code of Civil Procedure , 1908 (in short 'Civil Procedure Code'). Under it a suit lies and the plaintiffs need not prove that they have sustained any special damage. The second remedy is a suit by a private individual for a special damage suffered by him. ... The guns of Section 133 go into action wherever there is public nuisance. The #HL....

Fayzan Khan vs Superintendent of Land Records, Mumbai Suburban District - 2023 Supreme(Online)(Bom) 2458

, 24) ... ... (B) Locus Standi - Judicial perspective in public interest cases - The Court emphasized that Section ... A plain reading of the Section would go to show that in case of a “public nuisance” or other “wrongful acts” affecting, or likely to affect the public, false within the scope of Section 91 (1) CPC. ... 91 #HL_STAR....

Fayzan Khan vs Superintendent of Land Records, Mumbai Suburban District - 2023 Supreme(Online)(Bom) 2459

Section 91 (1) CPC . The word “other” also assumes signifcance as it clearly drawn a distinction from the word “public nuisance”. Similarly the words “likely to affect” taken within its sweep will include any possible act in future. ... In our considered opinion, even an advertisement which is likely to affect the public at large can fall within the scope of Section #H....

AVINESH KUMAR Vs DELHI DEVELOPMENT AUTHORITY AND ANR. - 2024 Supreme(Online)(DEL) 31502

91 of CPC. ... 91 of the CPC. ... 91 of the CPC, which governs public nuisance claims. ... In the present case, it is not any public street in which any nuisance is being created so that it could be treated as a public nuisance, as contemplated by Section 91 of the Code of Civil Procedure . ... Section#HL....

NIRANJAN DAS Vs. VIJAY SAINI - 2025 Supreme(Online)(RAJ) 7465

Learned counsel for the petitioners contends that a plain reading of Section 91 CPC requires leave of the Court if it has been filed for removal of public nuisance or other wrongful act. 5. ... Moreover, the suit was also under Sub-Section (2) of Section 91 CPC, whereunder there is no requirement of leave, hence, prayer is not entert....

BIRENDER vs LAXMI NARAYAN AND OTHERS

91 of CPC. ... 91(1)(b) of the CPC. ... 91 of CPC deals with Public nuisance and other wrongful acts affecting the public and provides as under:- proceedings qua such public nuisance or wrongful act.

MOHAN vs DHARAMSHALA SHRI RAMCHANDRA PHOOLCHAND - 2025 Supreme(Online)(MP) 6609

(A) Code of Civil Procedure, 1908 - Section 91 and Section 100 - Second appeal regarding encroachment and nuisance by tenants on ... 91 CPC dealing with public nuisance. ... The main issues included whether the suit was maintainable despite the plaintiff's managerial capacity and the compliance with Section ... to the plaintiff and blockage of the street amounts to encroachment which cannot be termed as a public#....

Pyare Lal & Ors vs Harishankar - 2024 Supreme(Online)(MP) 9662

Order 91 of the CPC is being referred as below :- 91. ... "Public nuisance and other wrongful acts affecting the public.- (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....

MAHULBHAI BIPINBHAI TAMBOLI VS AKSHAYBHAI RAMANBHAI THAKKAR - 2019 Supreme(Guj) 393

Such a wrongful act affecting the general public, according to Section 91 CPC, could be challenged or testified filing a suit for declaration and injunction and for such other reliefs by the Advocate General or with the leave of the Court by two or more persons though no special damage has been caused to such persons by reason of such public nuisance. "Nuisance" is an obstruction, risk or injury caused to any person and if the same is caused in a public place it becomes "public nuisance". #HL_....

Adani Wilmar Ltd VS A. S. Hansraj, Member of Lions Club - 2018 Supreme(Mad) 1661

5.1.The learned Senior Counsel appearing for the appellants\defendants would submit that the suit as filed by the plaintiffs does not fall within the scope of Section 91 CPC and at any rate a mere advertisement in a newspaper can never become a subject matter of challenge in a suit filed under Section 91 CPC. It is clear from the above that prior to the amendment, only “public nuisance” was covered under Section 91(1) CPC and pursuant to the recommendation of the law commission and t....

C. K. Gopalan VS M. G. Mathew - 2017 Supreme(Ker) 813

(1) Can the successful party in the outcome in a suit, appeal against an adverse finding in the suit? (2) Can the acts complained of in this suit, come under public nuisance for complying with the mandatory procedure under Section 91 CPC?

St. Marys Orthodox Church VS Thankamani Rajan - 2015 Supreme(Ker) 1656

As rightly held by the lower appellate court in paragraph 24 of the impugned judgment dated 20.3.2004 in A.S.No.23/2003, a reading of the plaint clearly indicates that the grievance voiced by the plaintiffs are not only in respect of private nuisance but also in respect of public nuisance. It is pointed out by the plaintiffs in the plaint averments that the wells and streams which are the drinking source of the inhabitants of the locality will all be affected by the pollution that may be cause....

Mohinder Singh VS Surmukh Singh

However, under Section 91(1) CPC, even persons to whom no special damage has been caused by the public nuisance or other wrongful act, may also file the suit by complying with the conditions stipulated in Section 91(1) CPC. This fact is made further clear by Section 91(2) CPC, which provides that nothing in this Section shall be deemed to limit or otherwise affect any right of suit, which may exist independently of its provisions. Normal rule of law is that a person, having r....