Question

In India, in case of public nuisance, persons can approach

1. The Supreme Court under Article 32 of the Constitution of India

2. The High Court under Article 226 of the Constitution of India

3. The District Magistrate under Section 133 of the Code of Criminal Procedure

4. The Court under Section 92 of the Code of Civil Procedure

• A. 1 and 2 only
• B. 1, 2 and 3 only
• C. 1, 2 and 4 only
• D. 1, 2, 3 and 4

Answer 1

Answer:

D. 1, 2, 3 and 4

Public Nuisance in India

Public nuisance refers to an act or omission that causes any common injury, danger, or annoyance to the public or to people who dwell or occupy property in the vicinity. In India, a person can approach multiple legal avenues to address a public nuisance. All the options listed provide a valid legal recourse.

1. Supreme Court (Article 32): An individual can file a Public Interest Litigation (PIL) in the Supreme Court to address a public nuisance if it violates fundamental rights. Article 32 guarantees the right to constitutional remedies.

2. High Court (Article 226): Similar to the Supreme Court, a person can file a PIL or a writ petition in a High Court under Article 226 to seek relief against a public nuisance. This article gives High Courts the power to issue writs for the enforcement of fundamental rights and for "any other purpose."

3. District Magistrate (Section 133, CrPC): The Code of Criminal Procedure (CrPC) provides a swift remedy for public nuisances. Section 133 empowers a District Magistrate or a Sub-Divisional Magistrate to issue a conditional order to remove a public nuisance within a specified time.

4. Civil Court (Section 92, CPC): The Code of Civil Procedure (CPC) allows for a civil suit to be filed for public nuisances. Section 92 of the CPC deals with suits relating to public nuisances and other public wrongs.