Ratlam Municipality v. Vardhichand (1980)

Ratlam town suffered from open drains, filth on streets, and mosquito breeding. People complained; nothing changed. Using Section 133 CrPC, the Magistrate ordered the municipality to fix sanitation on a strict timeline. The Supreme Court upheld this power: courts can compel civic bodies to remove public nuisance—even if it costs money.

• Section 133 CrPC – Public Duty: A Magistrate must act to abate public nuisance when jurisdictional facts exist; orders can require drains and sewerage.
• No Cash Excuse: Statutory bodies must respect human rights and public health regardless of budget shortages; poverty is no defense.
• Judicial Discretion: When conditions are met, discretion turns into obligation—action is mandatory.

The Supreme Court upheld the Magistrate’s action. Section 133 CrPC empowers the court to order removal of public nuisance and to require sanitation measures on a fixed schedule. The plea of “no funds” cannot defeat public health duties. The Court approved an immediate relief scheme of about Rs. 6 lakhs, directed six-monthly inspections, and required drain repairs, mosquito control, and construction of adequate public latrines within six months.

1. Mandatory Abatement: Where nuisance is proved, Section 133 action is obligatory.
2. Rights Over Resources: Public health and dignity override fiscal excuses.
3. Time-Bound Governance: Courts can impose deadlines and monitor compliance.

The case makes sanitation a justiciable duty, not a charity. It equips citizens and courts with a quick tool to stop everyday hazards—stench, disease, and unsafe streets—through enforceable, time-bound orders.

• Section 133 CrPC can compel municipalities to act.
• No budget excuse against human health and dignity.
• Court may set deadlines and supervise compliance.

Mnemonic (RATLAM): Remove nuisance • Affirmative orders • Time-bound • Lack of funds no excuse • Absolute duty on facts • Monitor compliance.

1. Spot the nuisance and affected public.
2. Apply Section 133 CrPC—duty triggers on proved facts.
3. Order practical, time-lined sanitation steps.

Public Nuisance

A condition that harms the health, safety, or comfort of the community.

Section 133 CrPC

A quick remedy allowing a Magistrate to abate public nuisance with enforceable orders.

Jurisdictional Facts

Basic facts that must exist to give a court power to act under a statute.