Public Nuisance

Section 133 (1) of Criminal Procedure Code

133 (1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other Executive magistrate specially empowered in this behalf by the State Government, on receiving the report of police officer or other information and on taking such evidence (if any) as he thinks fit, considers-
(d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighborhood or passing by and that in consequence the removal or support of such tree, is necessary.
Such Magistrate may make a conditional order requiring the person owning, possessing or controlling such building, tent, structure, within a time to be fixed in the order to remove, repair or support such building, tent or structure or to remove or support such tree; or, if he object 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.

The provisions operate on different fields under different contingencies. Eviction of tenant is not the object & purpose of S. 133 being public purpose. The resultant eviction, if any, is only one of the results while achieving public purpose. Section 11 operates only where eviction of the tenant is involved. The private interest of a tenant is subject to public interest under S. 133. of Cr. P.C. Provisions of Kerala Buildings (Lease and Rent Control) Act is not a bar to proceeding under the Code of Criminal procedure.
The consideration for passing an order under S. 133 (d) of the Code of Criminal Procedure is substantially and fundamentally different from the consideration for passing an order of eviction S.11 (4) iv of the Act.