SPECIMEN OF A WRIT PETITION FOR PUBLIC INTEREST LITIGATION in Marathi

Specimen of a Writ Petition for Public Interest Litigation

 

District......................

 

In the High Court at____________, Constitutional writ jurisdiction

 

Petitioner versus

Respondent

 

To

Hon'ble Mr. ......................

Chief Justice and His Companion Justices of the said Hon'ble Court

The humble petition of and on behalf of the petitioner above-named

Most Respectfully Sheweth:

1. The petitioner is a citizen of India and is also the President of......................, an unincorporated Association of persons formed on......................by eminent citizens of......................at a general meeting held at............... with the object, inter alia, of protecting the ecology and environment of the country with particular emphasis on the preservation of national heritage buildings and architectures......................as well as for upholding the Constitutional and Legal Rights of the Citizens of India, particularly of the persons belonging to economically-weaker section of the society and living within the municipal area of......................The petitioner craves leave to refer to and rely upon the aims and objects of the said......................at the time of hearing, if necessary.

2. The petitioner is also an Ecologist and having a specialised knowledge in ecology and environment.

3. The instant application is being filed by the petitioner for and on behalf of the......................as well as representing the weaker sections of the community residing within the municipal area of......................seeking a writ or order or direction in the nature of mandamus upon the Respondents Nos. 1 and 2 commanding them to forbear from changing or disturbing the environment and ecological pattern of the land in respect of one large water- body situated in...................... under the jurisdiction of the......................for the ostensible purpose of construction of a cinema building at the instance of Respondent No. 2 to be financed by the Respondent No. 1 or for any other purpose which might cause any such disturbance of ecology and environment.

4. The petitioner submits that such constructions, if effected, would not only cause disaster to the ecology and environment of the municipal area and in particular the south western portion of the town, but it would be in violation of the draft outline of Development Plan of the Greater Mumbai prepared for the......................under the......................and the said plan prohibits inter alia, filling up of any water-body covering an area beyond 200 sq. m. the petitioner craves leave to refer to a copy of the said draft plan, at the time of hearing, if necessary.

5. The land on which such water-body is situated is owned by the Commissioners of......................Municipality for the purpose of converting the same into a green park and a swimming pool attached to it for the health and welfare of the residents and rate payers of the municipal area concerned but at present it is being used for pisciculture and which is being used by leasing out from time to time to different agencies for the purpose of pisciculture in order to accumulate the necessary finance for the ultimate object of laying the park and setting up the swimming pool and funds have been set apart for the same.

6. In course of time, almost the entire area round the said water-body has been built up by raising one school building besides residential complexes and a market place and the water-body in question is the only water-body in the area.

7. The petitioner has come to know that the Commissioners of the Municipality concerned are now devising various strategies to change the land use pattern of the said water-body by filling up the same as also by destroying the surroundings jeopardising the health and sanitation of the residents of the area in gross violation of the Constitutional Rights of the people of the area and the pupils of the educational institution close by as also in violation of the Town and Country (Planning and Development) Act 1979 and the Environment Protection Act 1986.

SYNOPSIS

That the Petitioner is filing the present Writ Petition in Public Interest under Article 32 of the Constitution of India seeking mandamus to cancel / struck down the contradictory amendments made by state governments to the State Acts and Rules by destroying basic structure of the original Central Act, _______ through ordinances under Article 254(2) of the constitution of India, whereby the basic structure of the Original central Act and Rule has been changed to give exemption to large categories of projects from consent provisions, Social Impact Assessment, Objections by affected citizens and participation of local bodies etc, thereby violated Fundamental right guaranteed to citizens of India under Article 14, 19(1)(g) and 21 of the Constitution.

The said amendments made by the State Acts diluted the provision for return of unutilized land. The central act had a provision to return unutilised land to the people when if it remained unutilized for more than 5 years. It also had provision for fresh award if the compensation to majority of affected people not paid after declaration of Award. In all most all state amendments, it is tried to either extend the period of making the acquisition void and changing the payment of compensation the beneficiaries by declaration of award and depositing the compensation with the court or the state treasury.
 

LIST OF DATES

1894 The ______Act 1894 was passed

27.09.20__ The ________ passed by Indian Parliament.

24.05.20__ State of _______ has passed notification and designated collector as competent authority to acquire land upto ____ acres. The Notification also designated all Sub-Divisional Officers (Deputy Collector /Joint Collector) to perform powers of the collector under section _______ and __ of the Act.

08.08.20__ The Central Government notified _______ Rules, 20__.

22.10.20__ Uttar Pradesh Government has issued notification in pursuance of provisions of clause (3) of Article 348 of the Constitution and changed factor 2 as the factor by which the market value to be multiplied in the case of any ___ to be acquired in rural areas of UP.

20.11.20__ Andhra Pradesh Government notified The ______Rules, 20__.

18.12.20__ Hence, this Writ Petition. 

 

IN THE SUPREME COURT OF INDIA
EXTRA ORDINARY ORIGINAL JURISDICTION

WRIT PETITION (C) NO. ________ OF 2018 (P.I.L)
PUBLIC INTEREST LITIGATION
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)
 

IN THE MATTER OF:
1. XYZ                                                                                    Petitioner No. 1