ISSUE:
Whether the Municipal Council can be directed under Section 133 of the CrPC to provide proper sanitation facilities and abate public nuisance?
Whether financial constraints can absolve a municipal body from its statutory duty to ensure public health and sanitation?
RULE:
Section 133 CrPC imposes a mandatory duty on authorities to remove public nuisances. When public nuisance is established, the magistrate must order its removal, and statutory bodies are bound to comply.
Financial incapacity does not exempt municipalities from their statutory obligations. A statutory duty must be fulfilled regardless of budgetary constraints, and lack of funds is not a valid defense.
Public health and sanitation are non-negotiable obligations under the law. Ensuring basic hygiene and dignity is an essential function of local self-government, and authorities cannot neglect.