How to file a case against public nuisance?


In our locality a bike dealer park 20-30 two wheeler vehicles all unregistered on the roadside and on the footpath as well. I want to know weather a bike dealer can legally park bikes on public road for business purpose, and if No, what traffic rules he is violating. Even after complaining to Traffic Police no action is been taken. The Reason police give is they cant take any action because there is no "NO PARKING" signboard in that area. It is creating nuisance to other shops in the same premises and affecting our business. Please suggest with what one can do against it. Thanks & Regards, Mikhil B


Answers (1)

Public nuisance derives support from section 91 of CPC that lays down the procedure for initiation of a civil suit for the offense of public nuisance. Being purely procedural, the section gives the flexibility of seeking parallel remedies in criminal jurisdiction or damages under law of torts. The marginal note of section 91 reads: public nuisance and other wrongful acts affecting the public. Inclusion of ‘other wrongful acts affecting public' besides public nuisance widens the scope of the section to incorporate various situations which although do not fall under the accepted straitjacket definitions of nuisance, yet are a cause of discomfort and inconvenience to the public. For instance, courts have read slaughtering of cattle on a public street or encroachment upon a public street by construction of buildings as legitimate cause of action for a claim for public nuisance by the virtue of it being a wrongful act against public.
Section 91 of CPC states that
(1) In the case of a public nuisance the Advocate General or two or more persons having obtained the consent in writing of the Advocate General, may institute a suit, though no special damage has been caused, for a declaration and injunction or for such other relief as may be appropriate to the circumstances of the case.
(2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions.
As per the General Clauses Act 1897, the definition of nuisance for the purpose of section 91, CPC has to be borrowed from section 268 IPC. The definition of nuisance excludes from its ambit the instances of legalized nuisance. Legalized nuisance are cases when the nuisance cause is statutorily approved and in the interest of greater good and social welfare. For instance, the running of railway engines and trains or establishment of the yard, despite being a legitimate cause of nuisance, is not punishable under IPC or a valid ground for invoking Section 91.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Criminal Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Criminal Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.


Related Articles


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Similar questions

In F.I.R. police has prayed to add s.307 I.P.C.with intent to harass only and same has been permitted by court,whether F.I.R. could be amended ?…

Read More

If I am attacked by a gand of 6 people.they bang my door. Enter my house and start beating us with sticks , razor blade and rods. What should i do? Wh…

Read More

What can I do if the Police refuses to come to the rescue when called on 100? I complained about a woman in my neighborhood by dialing 100 but the Pol…

Read More

A person stolen my chequees and with drawn an amount of rupees 2,24,000-00 by forging my signature. The FSL examination confirmed it as forgery in the…

Read More

Talk to a lawyer for your legal issue