Describe the procedure for bringing a suit relating to public nuisance and public trust.

Question: Describe the procedure for bringing a suit relating to public nuisance and public trust. [UPCJ 1987, B. J. 1980]

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Answer

The issue of public nuisance is dealt with under Section 91 of Part V of the Code. The provision gives the right to sue any person who has caused a public nuisance in society.

Meaning of Public Nuisance: The term public nuisance has not been defined by the code, however, it has already been explained above that it is defined under Section 268 of the Indian Penal Code which can be applied mutatis mutandis to the present provision. Thus, public nuisance simply means causing trouble, annoyance, or disturbance to the public at large. However, Section 91 is much broader in terms than Section 268 of the IPC.

Besides these acts of public nuisance, other acts have also been considered as giving rise to a cause of action under Section 91. For instance, the courts have held slaughter of cattle in public places either normally or during festivals as affecting public tranquillity and raising cause of action under Section 91. However, the provision excludes lawful and necessary nuisance from being sued.
Procedure to file Suit

According to Section 91, there are two methods in which a suit may be instituted against a person or entity for causing a public nuisance. Firstly, by the advocate general of the State and secondly, by way of class litigation filed by two or more persons of the affected place or genuinely interested in the redressal of public harm.

Initially, the Code allowed for a suit only by the advocate-general to ensure that suit with malicious intent are not filed to waste the time of the court. The advocate general was empowered to look into circumstances and decide whether a cause of action exists or not.

The provision was again changed in 1999 and now, two or more persons can approach the court after obtaining the leave of the court to file the suit. The court looks into the genuineness of the claim raised and decides whether to allow the suit or not.

Remedies for Public Nuisance: Section 91 acknowledges several remedies for public nuisance divided into two parts. Firstly, Section 91(1) provides for certain civil remedies and then Section 91(2) provides for other residuary remedies. Under civil remedies, the advocate-general of the plaintiff, as the case may be, may pray for a declaration, injunction, and any other relief as the court considers appropriate.

The suit against Trust under CPC

Meaning of trust: Section 92 of Part V of the Code deals with suits against public charities for any form of breach of trust. Section 92 allows suing of only public trusts either charitable or religious and not private charities which is regulated by the Indian Trust Act, 1882. In the case of public trusts, the trust is made for a specific purpose or for a specific period and all the assets are required to be used for the benefit of the people to meet that purpose only.

Moreover, the public trust should not utilize its funds for the benefit of the trustees or the members of the board and should not deny the benefit to any eligible beneficiary.

Public trusts are wholly maintained by the board of trustees and there is very less control of the trust maker who in most situations is the government and sometimes rich philanthropists. Thus there is an opportunity for mismanagement and breach of the purpose of the trust. Therefore, it is essential to allow legal action to be taken against such breach and mismanagement to allow that the purpose of the trust is duly met from time to time.

Procedure to File Suit

According to Section 92 (1) of the Code, where there is some kind of deviation from the purposes of the trust or need for change in the administration of the trust, the advocate-general of the State or two or more persons interested in the maintenance of the trust may file a suit against such breach of objects of the trust.

When the suit is filed by a class of persons aiming to ameliorate the management of the trust, it is essential that the leave of the court is obtained before instituting the suit.

It was held in Narayan Chettiar v. Lakhmanan Chettiar, [AIR 1991 sc 221], “considering the object underlying Section 92 of the code, the court should normally issue a notice to the defendants before granting leave to file a suit. The defendants may satisfy the court that the allegations made in the plaint are false and frivolous, or the person who has applied for leave wants to harass the trust. But if the suit is filed without notice to the defendants, it would not be bad”

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