Supreme Court Judgment- Kachrulal Bhagirath Agrawal & Ors v. State Of Maharashtra & Others
Criminal Appeal No.1350 of 2003
Decided On, 22 September 2004
In this case, the residents of a locality had filed a complaint against a godown owner before the Sub-Divisional Magistrate (SDM) on the grounds that they were using a building for the purpose of storing red chilies and making its powder. The residents claimed that all the unloading and storage of red chilies was affecting their health with respiratory problems etc.
The SDM took action and directed the owner of the godown not to house red chilies. The order was appealed before an Additional Sessions Judge who set aside the order of the SDM. The applicants before the SDM filed an appeal before the High Court which allowed the same.
As such an appeal was filed by the owner of the godown before the Supreme Court.
It was held the owner liable considering that his occupation was resulting in the inconvenience of many and problematic and hazardous to their health which amounts to Public Nuisance which is an offence that is against the public at large and is done by annoying the whole community or by neglecting to do something which is required to be done. It affects the general public or the public in the vicinity. whereas Private nuisance affects only some individuals.
Thus the findings of the High Court was confirmed and it was held that the storing of chili powder was indeed a Public Nuisance.