U/s 133 of Cr.P.C.
Querist :
Anonymous
(Querist) 25 February 2010
This query is : Resolved
My father has taken a khaprail house on rent since 1967 i.e. 43 years ago to start a school. Now the land lord is directing to vacate the same. But, he has filed a petition with SDO u/s 133 of Cr.P.C. with the reason that the house is too old and it will collaspe any time. two years has passed after submitting the petition. but, the house has not yet been collasped.
Sir, tell me whether this petition is maintainable u/s 133 of Cr.P.C. with suitable reason.
Thanking you.
Raj Kumar Makkad
(Expert) 25 February 2010
No. This is not a fit case to be filed and maintained under section 133 Cr. P. C. and moreover it is good for you, if such house is handed over to you in a repaired good condition. You may offer before SDM that you yourself shall repair the house and the expenses shall be deducted from rent.
Parveen Kr. Aggarwal
(Expert) 26 February 2010
Section 133 of the Code of Criminal Procedure, 1973 provides for CONDITIONAL ORDER for removal of nuisance in the following manner:
"133. Conditional order for removal of nuisance:- (1) Whenever a District Magistrate or Sub-Divisional Magistrate or any other Executive Magistrate specially powered in this behalf the State Government on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, consider -
(a) That any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel, which is or may be lawfully used by the public: or
(b) That the conduct of any trade or occupation or the keeping of any goods or merchandise; is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such, goods or merchandise should be removed or the keeping thereof regulated; or
(c) That the construction of any building, or the disposal of any substance, as is likely to occasion conflagration or explosion, should be prevented or stopped; or
(d) That any building tent or structure, or any tree is in such a condition that it is likely to fill and thereby cause injury to persons living or carrying on business in the neighborhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary: or
(e) That any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public: or
(f) That any dangerous animal should be destroyed, confined or otherwise disposed of,
Such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, talk well or excavation, or owning or possessing such animal or tree, within time to be fixed in the order-
(i) To remove such obstruction or nuisance; or
(ii) To desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or
(iii) To prevent or stop the construction of such building, or to alter the disposal of such substance; or
(iv) To remove, repair or support such building, tent or structure, or to remove or support such trees; or
(v) To fence such tank, well or excavation; or
(vi) To destroy, confine or dispose of such dangerous animal in the manner provided in the said order;
or, if he objects so to do, to appear before himself or some other Executive Magistrate Subordinate to him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be made absolute.
(2) No order duly made by a Magistrate under this section shall be called in question in any civil court.
Explanation. A "public place" includes also property belonging to the state, camping grounds and grounds left unoccupied for sanitary or recreative purposes."
The purpose of the provision is to remove nuisance and in case any conditional order is made for repair of the house in order to stop the nuisance, you will have the opportunity to get the house repaired.
Shivasurya
(Expert) 26 February 2010
I agree with Mr. Praveen, he gave detailed explanation
