Section 91 Civil Procedure Code 1908

Section 91 Code of Civil Procedure 1908 Public Nuisances

(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.

Public Nuisance

Pubic nuisance can be either public or private (aa) - Section 91 provide a special remedy with regard to public nuisance only.

The terms public nuisance is not denied by the Code. In accordance with Section 2(44) of the General Clauses Act, 1897, it is to be given the same meaning as is assigned to by Section 268 of the Pakistan Penal Code 1860, which defines public nuisance as any act or illegal omission which causes common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in vicinity or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right (a).

To constitute public nuisance it is essential that such act or omission should affect the public or people in general (b), and not only a particular class of people or community(c) Obstruction of a public highway(d), or storage of rotten goods so as to endanger public health(e), or causing annoyance to the public in any way(f), or opening of a burial ground(g), or slaughtering cattle on public street(h), or denying owner of roadside property access to the road (ha) converting residential property in to commercial in a residential area (hb), denial of any amenity to citizens (hc) opening of a school in residential area (hd) disposal of wastes and effluents (he), interference.