Code
(1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers–
(a) that any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; or
(b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated; or
(c) that the construction of any building, or, the disposal of any substance, as is likely to occasion configuration or explosion, should be prevented or stopped; or
(d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary; or
(e) that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public; or
(f) that any dangerous animal should be destroyed, confined or otherwise disposed of,
such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order–
(i) to remove such obstruction or nuisance; or
(ii) to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or
(iii) to prevent or stop the construction of such building, or to alter the disposal of such substance; or
(iv) to remove, repair or support such building, tent or structure, or to remove or support such trees; or
(v) to fence such tank, well or excavation; or
(vi) to destroy, confine or dispose of such dangerous animal in the manner provided in the said order,
or, if he objects so to do, to appear before himself or some other Executive Magistrate subordinate to him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be made absolute.
(2) No order duly made by a Magistrate under this section shall be called in question in any Civil Court.
Explanation.–A “public place” includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes.
Explanation
This section empowers a Magistrate to issue a conditional order for the removal of a public nuisance if it is likely to cause injury, danger, or annoyance to the public. This order can be issued even before a formal trial.
Here’s a breakdown of the key aspects:
- Public Nuisance: Any act or omission that endangers the life, health, safety, comfort, or convenience of the public at large.
- Conditional Order: The Magistrate issues an order requiring the person responsible for the nuisance to take steps to remove it within a specified timeframe.
- No Formal Trial: This section allows for a quick and efficient remedy without the need for a full-blown trial.
- Appeal: The person against whom the order is issued can appeal against it to a higher court.
Illustration
Suppose a factory is emitting toxic fumes that are polluting the air and affecting the health of nearby residents. The Magistrate, upon receiving a complaint, can issue a conditional order under Section 133 to the factory owner to install pollution control devices within a specific timeframe. If the owner fails to comply, further legal action can be taken.
Common Questions and Answers
Q1: What is the difference between a public nuisance and a private nuisance?
A: A public nuisance affects the public at large, while a private nuisance affects a specific individual or a small group of people. For example, loud music from a neighbor’s party is a private nuisance, while air pollution from a factory is a public nuisance.
Q2: Who can apply for an order under Section 133?
A: Any person who is affected by the nuisance can apply to the Magistrate for an order.
Q3: Can the Magistrate issue an order without a hearing?
A: While Section 133 allows for a quick remedy, the Magistrate is required to give the person responsible for the nuisance a fair opportunity to be heard. However, the hearing need not be formal, and the Magistrate can act on the basis of prima facie evidence.
