Molestia

Sujatha vs A.Prema and others (2005.06.20)

IN THE HIGH COURT OF KERALA

Justice .M.Sasidharan Nambiar

Dated 20th June, 2005

Sujatha vs A.Prema and ors

Reported in Indian Law Reports 2005 (3) Kerala Page 258

1.The nuisance sought to be removed by invoking Section 133 of the Code of Criminal Procedure is the nuisance caused by environmental pollution. Whether the onus proof is on the party who alleges the nuisance or on the person who causes the alleged nuisance. It is the interesting question to be resolved.

Criminal Procedure Code (Selected sections)

CHAPTER IX - PUBLIC NUISANCE

A.—ORDERS FOR REMOVAL OR ABATEMENT IN CASES OF NUISANCE

98. (1) Whenever a Magistrate considers on receiving a report or other information and on taking such evidence (if any) as he thinks fit—

(a) that any unlawful obstruction or nuisance should be removed from any way, harbour, lake, river, or channel which is or may be lawfully used by the public or from any public place; or

India --

In the High Court of Judicature of Andhra Pradesh at Hyderabad

The A.P. Gunnies Merchants Association

v.

The Govt. of A.P

Writ Petition No. 386 of 2000

21.06.2001 dd.

Sri. Satyabrata Sinha C.J. & V.V.S. Rao J.

Judgement:

1. In this writ petition, GO Rt. No. 515, dated 25-11-1999, issued by respondent No.1-Government, is called in question. The said order reads:

The orders issued earlier vide GO Rt. No. 149, dated 27-2-1999 of Environment, Forests, Science and Technology Department are reiterated.

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