A plan sanctioned in favour of the defendant in conformity with municipal rules would not justify defendant's trespass on plaintiff's land or his interference with plaintiff's right of easement or customary right. Plaintiffs can equally challenge any public nuisance committed by the defendant.
Class of persons protected. An individual can sue for a breach of statutory duty only if the statute imposes a duty enforceable by a party aggrieved as well as a public duty.
ORISSA HIGH COURT
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Class of persons protected. An individual can sue for a breach of statutory duty only if the statute imposes a duty enforceable by a party aggrieved as well as a public duty.
ORISSA HIGH COURT
Krushna Kishore Bal vs Sankarsan Samal And Ors. on 28 November, 1973
Equivalent citations: AIR 1974 Ori 89
Bench: G Misra, B Patra, S Acharya
