Pc- Fair planet
In a growing speed of urbanisation and industrialization we left our environment aside, because of that pollution is become a major problem in these days. Therefore environmental law come to save our environment in many ways. In the Morden environmental law which come as an remedy to tort of nuisance . Nuisance is created when someone interfere in the enjoyment of others property, like right thing in a wrong place. Nuisance are of two types private and public whereas private nuisance come under law of tort, deals with individual’s right of ownership and public nuisance under Indian penal code 1860( IPC) it deals with public right. If nuisance is from 20 years continuously it becomes right of that person .
Public nuisance under Indian penal code 1860
Under sec 268 of Indian penal code public nuisance is defined as, , “a person is guilty of a public nuisance who does any act or is guilty of illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger, or annoyance to persons who may have occasion to use any public right.” we cannot take a plea of advantage and any public benefit in case of public nuisance.
Under sec 290 of IPC provides punishment for Public nuisance where all types of pollution is covered (noise pollution, air pollution, water pollution etc.) with an imprisonment and fine upto 200 rupees.
Further, under Crpc from sec 133-144 provide effective, speedy and preventive remedies  for the cases in relation to public nuisance which affect the environment ,under sec 133 provide magistrate ,sub -divisional magistrate and other executive are empowered on the behalf of state government to make conditional order to remove nuisance and if the person who make nuisance objects that order it will make absolute. But if person not obey the order he will be punished under sec 188 of IPC
Role of judiciary in removing public nuisance:
The first step taken by judiciary in municipal corporation Ratlam Vs Vardhichand AIR1980
Supreme court says that it’s a responsibility of local bodies to take care of proper sanitation facilities and drainage.
Facts :- an appeal pleaded before supreme court for the demand of proper sanitation facilities in ward no.12 of Rattlam District
Issue- municipal corporation take a defence of have no.funds for this construction
Decision- Here supreme court says that sec 133 of Crpc is a weapon against local bodies to provide healthy and clean environment to all .
In case Ajeet Mehta Vs State of Rajasthan  where the loading and unloading of fodder in an residential area cause air pollution in the residence as court order to move that out of residential area.
In State of M.P. v. Kedia Leather & Liquor Ltd. And Ors. the Supreme Court defines true scope of section 133 in controlling the environment pollution
These judgement shows the importance of judiciary in the abatement of public nuisance with providing a great benefit of speedy and simple solution to the disputes that helps in healthy environment for people to reside.
Section 268 in The Indian Penal Code - Indian Kanoon
[2https://lawrato.com › indian-kanoon
Author -jaishree Gautam BACL(Nagpur)