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Q121 (CISF/2018) Environment & Ecology › Environment Laws, Policies & Institutions (India)

In which one of the following cases had the Supreme Court directed an authority to provide drainage system for removal of a public nuisance under Section 133 of the Code of Criminal Procedure, 1973 ?

Explanation

In Municipal Council, Ratlam v. Vardhichand (1980), the Supreme Court ruled that a municipal body cannot escape its statutory duty to provide basic amenities like drainage and sanitation by pleading financial inability. The judgment, delivered by Justice V.R. Krishna Iyer, affirmed that Section 133 of the Code of Criminal Procedure (CrPC) is a potent tool to compel public authorities to remove public nuisances affecting community health. The court emphasized that the "decency and dignity" of the community cannot be sacrificed at the altar of budgetary constraints. Other cases mentioned relate to different principles: M.C. Mehta v. Union of India (1986) established "Absolute Liability"; M.C. Mehta v. Kamal Nath (2000) introduced the "Public Trust Doctrine"; and Indian Council for Enviro-Legal Action (1996) focused on the "Polluter Pays Principle".

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