Specimen Of A Writ Petition For
Public Interest Litigation
District.....................................
In
the High Court at ………………….…Constitutional writ jurisdiction
Appellate Side
C.O./C.R.
No............................(W) of ………………………
In
the matter of:
An
application under Article 226 of the Constitution of India
And
In
the matter of:
Articles 14, 21, 48A and 51A (g) of the Constitution of India
And
In
the matter of: T.N
…………………………………… Municipal corporation Act …
And
In
the matter of:
The Environment Protection Act 1986 And
In
the matter of:
………………………………………………………………………………(Planning and Development) Act
And
In
the matter of:
Illegal attempt by Respondents (1) & (2) for constructing a Cinema
building
by demolishing one large water-body located in the
............................................................................in
breach of draft outline/Development Plan for concerned area.
And
In
the matter of:
Shri.......................................................................
son
of....................................................................
.President
of............................................................
.resident
at...................... ……………………………………
Petitioner
versus
1. …………………................... a company incorporated under the Companies Act
1956 with its registered office at................... …………………………..
2. Mr. .................................... Managing partner for Cinema, a
partnership firm having its office
3.
The Commissioner.......Municipality.................... with its office at
.....................
4.
State of ……………………………………….. or Urban Development .................. having its
office at ……..
hrough
its Secretary
Respondent
To
Hon'ble Mr……………………………………........ The Chief Justice and His Companion Justices
of the said Hon'ble Court
Petitioner
above-named respectfully shewoth:
1. The petitioner and Indian citizen and President of..................................an
unincorporated Association of persons formed on.................................
by important citizens of.................................... in its general
meeting held at................inter alias, of protecting the ecology and
environment of the country with special reference, preserving national heritage
buildings and architectures ................................. as well as for
upholding the Constitutional /Legal Rights of Indian Citizens, specially
persons of economically weaker section of society and residing within the
municipal area of.................The petitioner begs leave
to refer to and rely on the aims and objects of the said ........................at the time of hearing, if compulsory.
2. The petitioner being Ecologist with specialized knowledge in ecology
and environment.
3. The instant application is being instituted by petitioner for and on behalf
of the .............. and representing the weaker sections of society residing
within the municipal area of................ seeking writ/order/instruction per
mandamus on the Respondents Nos. 1 and 2 ordering them to desist from altering
or destroying the environment/ecological balance of land concerning a large
water-body located in ............... under the jurisdiction of the ..............................
for purpose of building 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 destruction of ecology and environment.
4. The petitioner submits if such constructions, is made would cause
destruction to ecology/environment of municipal area and specially the south
western part of the town, but it will also against draft outline of Development
Plan of the Greater Coimbatore prepared for the...............under the
..................... and the said plan restricts inter alia, filling up of any
water-body covering an area beyond 200 sq. m. the petitioner begs leave to
refer to a copy of the said draft plan, at the time of hearing.
5. The land containing such water-body is owned by the Commissioners
of................ Municipal corporation for converting the same into a green
park with swimming pool enclosed to it for health /welfare of residents and
rate payers of municipal area related but presently used by rearing office and
which is being used by tenanting out to different agencies for rearing office
for getting necessary money for ultimate object of laying park and building up
the swimming pool for which funds have been laid separately.
6. By passing of time, almost the whole area surrounding the said water-body
has been constructing school building besides residential apartments with
market place. water-body being the only water-body in the area.
7. The petitioner knowing that the Commissioners of the Municipality concerned
are now using various ways to alter the land use pattern of the said water-body
by filling up the same as also by demolishing the surroundings violating
health/sanitation of the residents of the area in gross breach of
Constitutional Rights of the people of the area and the students the
educational institution close by as also in breach of the Town and Country
(Planning and Development) Act 1979 and the Environment Protection Act
1986.
8. The Government has also moved in protecting wet-lands and has published an
approach paper concerning it.
9. The State Government for preserving the wet-lands has published a policy
document.
10. That the Respondent No. 1 being a company is engaged in manufacturing iron
rods with a Rolling Mill at ………in the district of ……. and is not conversant to
cinema trade but to increase its income have agreed to Respondent No. 2 in
providing finance for starting cinema. The Respondent No. 2 is a false firm set
up by Respondent No. 1 for evading the complexes e Companies Act.
11. The wet-land stated in the Schedule under serves the cause of environment
in several ways as stated it:
(a) Each water-body keeps the atmosphere cool by absorbing heat. Water vapors
also keep the surrounding area cool. It absorbs carbon dioxide which is
regularly discharged into the atmosphere.
(b) Wet-lands absorb dust particles discharged into the atmosphere by various
sources/elements.
12. That building a cinema building neighboring to school in vicinity will
endanger the education /health of students and it is a co-educational
institution.
13. Article 48A of the Constitution of India casts a duty upon the respondents
for protecting and improving the environment and safeguarding the forest /wild
life of country and they have also duty to prevent any action which is going to
degrade the environment and affecting the health /living conditions of the area
and to prevent demolition of the aforesaid water-body.
14. The petitioner, hence to initiate the President of ................... with
its members, and on behalf the citizens/residents of said municipal area for
protecting their rights as enshrined under Article 21 read with Article 48A of
the Constitution inasmuch as the persons likely to be prejudiced /affected by
aforesaid action of the Municipality of..................... are so many and
scattered and moreover the damage that is going to be caused to them by the
aforesaid action of the municipal authority will be slow and gradual before the
same became great, tax payers /resident can not move this Hon’ble court
individually. The petitioner and........... society under the member
of............ bear a duty under enactments of Article 51A(g) of the
Constitution for filling action for protecting of environment. 5lA(g) states
that it will be the duty of every citizen of India to improve and protect the
natural environment including several lakes and rivers and wild life for to
combined for living creatures, and taking action for protecting of the
aforesaid water-body as the said municipal authority is bent upon demolishing
the water-body and has started urgent steps for same, threats of destruction of
the said water-body having become real/apparent and nearby the petitioner being
President of............... with some important citizens of Municipal area have
also corresponded several times to Chairman of Municipality asking him not to,
diminish/destroy the water-body.
15. The concern shown by petitioner and other eminent citizens of the area have
failed to elicit any positive response from the Municipality who are bent upon
destroying the water-body by filling up the same in breach of mandatory
enactments and Government circulars /instruction.
16. The petitioner fears that purported decision of municipal authority if
enforced would cause demolition and destruction of ecological and environmental
balance in the impugned areas by filling up the water-body and the impugned
action being arbitrary and in breach of Article 14 of the Constitution.
17. Being aggrieved/dissatisfied with various actions/threats of municipal
authority the petitioner initiate application under Article 226 of the
Constitution of India on the following grounds.
(I) For the purported decision of the municipal authority for filling the
aforesaid water-body is to cause great injuries to the ecology/balance of the
town and consequently would infringe the right of the residents of area to a
clean environment as given in Article 21 of the Constitution and would thus be
violative of the fundamental rights of the life of the residents of the area as
guaranteed in Article 21 of the Constitution.
(III) For that.........................
18. The petitioner affirms that, he has not moved any other application
on alike cause of action before the Hon'ble Court or any other Court of
Law.
19. The petitioner states that it is clear that Municipal Authority is
readily filling up the aforesaid water-body and unless restrained by stay
order, the respondent Nos. 1 and 2 as agents of the Municipality would fill up
the said water-body which will render the instant application nullity.
20. The cause of action of this instant application emerged outside the
Ordinary Original Civil Jurisdiction of this Hon'ble Court.
21. The petitioner having no other alternative and effective remedy and
the remedies prayed for hereunder would give final and full relief to residents
of concerned area in whose behalf this application is being moved.
22. The petitioner having demanded justice vide Annexure..........to the
petition, which justice has been denied.
23. As stated hereinabove, this application is moved by petitioner in public
entrust for public good and not serving any interest of any individual. If
orders, as prayed for hereunder, are not allowed the residents of concerned
area will sustained irreparable loss and injury.
24. That this application is being moved bona fide and in the interest of
justice. In the premises, your petitioner humbly prays Your Lordships for the
following orders:
(a) Writ in nature of mandamus instructing the respondent Nos. 1 and 2 not to
alter land use water-body known as .................. located in ............
of the Municipality of;
(b) Writ in the nature of mandamus directing the respondent Nos.
............... give suitable instructing to the respondent Nos. 1 and 2
requiring them to maintain the water-body as mentioned above in its present
nature and character.
(c) An order or instructing on the respondent Nos. ............... and every of
them with their subordinates agents restraining them from giving any sanction
or permission or to do any act or omission which would enable the respondent
Nos. 1 and 2 to disturb/diminish the said water-body.
(d) An order or instruction on the respondent Nos. 1 and 2 instructing them to
produce into this Hon'ble Court all records concerning any decision which might
have been taken for building of cinema building so that justice may be done by
quashing the same;
(e) Rule nisi in terms of prayers (a), (b), (c) and (d) above;
f) Rule be made complete;
(g) Interim order of stay restraining respondent Nos. 1/2 from taking
action towards demolishing and/or diminishing the water-body known as
................. located at .................. in any way whatsoever till this
application disposal;
(h) Ad interim order in terms of prayer
(g) above;
(i) And pass such other or order or orders as to Your Lordships may deem
proper and fit. And your petitioner, as in duty bound, shall ever pray.
Affidavit
I, Shri...................................................
son of.................................................
aged about..........................................
years,
by religion .................... ……………………….
by occupation ........................................
residing at............... …………………………….
do hereby solemnly affirm on oath
and say as under:
1. I being petitioner in the instant application and am well acquainted
with the facts and circumstances of the case. I am duly authorized by the
society to affirm this affidavit and I am competent to affirm this affidavit on
behalf of the society and for self.
2. That the statements made in paragraphs ..................... are true
my best knowledge and those made in paragraphs ................ are my humble
submissions before this Hon'ble Court.
Prepared in my office Advocate
The deponent is known to me Clerk
to:
Mr..............................
Advocate
Solemnly affirmed before me on
this ..................... day of..............…Commissioner
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