ES लोक-अपदूषण' को परिभाषित कीजिए। सरकार या लोक पदाधिकारियों के द्वारा या उनके विरुद्ध वाद के लिए विहित प्रक्रिया का संक्षेप में उल्ले कीजिए।

Public Nuisance and Suit by or Against Government or Public Officers

1. Definition of Public Nuisance

A public nuisance is an act or omission that causes inconvenience or damage to the general public or a section of the community. It affects public health, safety, comfort, or property rights.

Under Section 268 of the Indian Penal Code (IPC), 1860, public nuisance is defined as:

"An act which causes any common injury, danger, or annoyance to the public or people in general who live or occupy property in the vicinity."

Public nuisance is also addressed under Section 91 of the Code of Civil Procedure (CPC), 1908, which provides a remedy in civil cases.

Examples of Public Nuisance:

• Obstructing a public road or way.
• Polluting water bodies or the air.
• Unhygienic disposal of waste in public areas.
• Operating illegal industries in residential areas.

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2. Procedure for Suit by or Against Government or Public Officers

A) Suits by or Against the Government (Section 79 to 82 of CPC)

The CPC lays down special procedures when the Government is a party to a suit, whether as a plaintiff or defendant.

(i) Section 79: Who May Sue or Be Sued?

• A suit against the Central Government must be filed in the name of the Union of India.
• A suit against the State Government must be filed in the name of the respective State.

(ii) Section 80: Notice Before Filing Suit Against Government or Public Officer

• A plaintiff must give a two-month written notice to the Government or the concerned public officer before filing a suit.
• The notice must state:
  1. The cause of action.
  2. The relief sought.
  3. The details of the plaintiff.
• The objective is to give the Government time to settle disputes without litigation.
• Exceptions:
  • In urgent cases, the court may allow the suit without prior notice if immediate relief is needed.

(iii) Section 81: Procedure When Government is the Plaintiff

• The same legal procedure applies when the Government files a case against a private individual or organization.

(iv) Section 82: Execution of Decree Against Government

• A decree against the Government or a public officer cannot be executed like an ordinary decree.
• The court must first send a report to the Government, which then decides on compliance.

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B) Suits Against Public Officers (Section 79 to 82 CPC)

• Public officers may be sued for actions done in their official capacity.
• Prior notice of two months is required under Section 80 CPC.
• No decree can be executed against a public officer personally for acts done in his official duty.

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3. Conclusion

Public nuisance refers to acts harming the general public, with remedies available under IPC and CPC. Suits involving the Government or public officers require prior notice, and special rules apply to executing decrees against them. These provisions ensure accountability while protecting Government functioning from unnecessary litigation.