Chapter X
Section 133 CrPC: Conditional order for removal of nuisance
New Law Update (2024)
Section 161 BNSS
TRIAL COURT
Punishment
Procedural – Evidence / Witnesses
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(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 conflagration 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 tree; 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.
Important Sub-Sections Explained
Section 133(1)
This crucial sub-section empowers Executive Magistrates to issue conditional orders for the swift removal or abatement of various public nuisances. It covers situations ranging from unlawful obstructions in public spaces and trades injurious to public health, to dangerous buildings, wells, or animals posing a threat to the community.
Landmark Judgements
Municipal Council, Ratlam v. Vardichand (1980):
This landmark Supreme Court case underscored the mandatory duty of civic authorities to maintain public health and sanitation. The Court held that financial constraints cannot be an excuse for failing to discharge statutory duties under Section 133 CrPC, compelling the municipality to clean streets and drains.
Vasant Manga Nikume v. State of Maharashtra (1995):
The Bombay High Court clarified that a conditional order under Section 133 CrPC is a preventive measure, not punitive. It necessitates the person to whom it is directed to show cause against the order, emphasizing the procedural safeguard of natural justice.
K. Ramulu v. D.P. Bal Reddy (2001):
The Andhra Pradesh High Court ruled that Section 133 CrPC is exclusively applicable to public nuisances and not to private disputes. For the section to be invoked, the obstruction or nuisance must affect a public place, way, river, or channel lawfully used by the public.
Draft Format / Application
IN THE COURT OF THE [Designation of Executive Magistrate, e.g., District Magistrate/Sub-Divisional Magistrate], [District], [State]
Misc. Criminal Application No. _______ of [Year]
IN THE MATTER OF:
[Name of Applicant/Complainant],
S/o D/o W/o [Father’s/Husband’s Name],
Age [Age] years,
Occupation: [Occupation],
Resident of [Full Address],
…Applicant/Complainant
VERSUS
[Name of Respondent/Opposite Party],
S/o D/o W/o [Father’s/Husband’s Name],
Age [Age] years,
Occupation: [Occupation],
Resident of [Full Address],
…Respondent/Opposite Party
**APPLICATION UNDER SECTION 133 OF THE CODE OF CRIMINAL PROCEDURE, 1973 FOR REMOVAL OF PUBLIC NUISANCE**
MOST RESPECTFULLY SHOWETH:
1. That the applicant is a resident of [Applicant’s Address] and is a law-abiding citizen.
2. That the respondent resides/carries on business at [Respondent’s Address/Location of Nuisance] which is adjacent to/in the vicinity of a public place/way/channel used by the public.
3. That since [Date/Period], the respondent has been causing a public nuisance/obstruction by [Describe the nuisance in detail, e.g., unlawfully obstructing a public road, running an injurious trade causing pollution, keeping dangerous goods, maintaining a dilapidated structure, not fencing a dangerous well, etc.].
4. That the aforesaid act/omission of the respondent constitutes a public nuisance within the meaning of Section 133(1) of the Code of Criminal Procedure, 1973, as it is [Explain how it impacts the public, e.g., injurious to public health/safety, causes obstruction to public passage, etc.].
5. That the applicant and other members of the community/public are severely affected by the said nuisance, causing [Describe specific harm, e.g., health hazards, inconvenience, danger to life/property, etc.].
6. That despite requests/notices/complaints made to the respondent, the nuisance has not been abated.
7. That urgent intervention by this Hon’ble Court is required to prevent further harm and ensure public peace and safety.
**PRAYER:**
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
a) Issue a conditional order under Section 133(1) of the Code of Criminal Procedure, 1973, requiring the respondent to [Specify the action to be taken, e.g., remove the obstruction, cease the injurious trade, fence the well, repair the building, destroy/confine the animal] within a specified time;
b) Or, alternatively, direct the respondent to appear before this Hon’ble Court and show cause why such order should not be made absolute;
c) Pass any other order or direction as this Hon’ble Court may deem fit and proper in the interest of justice.
Dated this [Day] day of [Month], [Year].
[Signature of Applicant/Complainant]
[Name of Applicant/Complainant]
[Signature of Advocate (if any)]
[Name of Advocate]
[Roll No.]
Place: [City]