Cannot Be Compelled To Remove Blockage & Let Neighbour's Dirty Water Flow Onto Courtyard, S.133 CrPC Not For Settling Private Disputes: Patna HC
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Cannot Be Compelled To Remove Blockage & Let Neighbour's Dirty Water Flow Onto Courtyard, S.133 CrPC Not For Settling Private Disputes: Patna HC

Live Law  

It had been contended that the neighbour of the petitioner had drained his dirty water onto the petitioner's courtyard, which had been blocked by the petitioner. However, the neighbour then approached the trial court and obtained an order under Section 133 CrPC, compelling the petitioner to remove the alleged public nuisance which he had caused by blocking his neighbour's dirty water from flowing onto his courtyard. The Patna High Court has ruled that an individual cannot be compelled to allow drainage from a neighbor's house onto their private property under the guise of preventing a public nuisance. He contended that the complainant had no legal right to discharge dirty water onto his land and that the SDM's order had effectively forced him to accept an encroachment on his property. The High Court at the outset, expounded on the scope of Section 133 CrPC, which deals with “Conditional order for removal of nuisance” and empowers Executive Magistrates to remove obstructions or nuisances affecting public places or ways lawfully used by the public.

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