ORDER
Fakhruddin, J.
1. The petitioner who is an Advocate has filed this petition styling as Public Interest Litigation. He is a social worker as well. It is submitted that he has deep and extreme feelings towards preservation of the air, water and the natural environments.
2. The reliefs claimed are in Paragraph 7 of the petition, which are as under:--
(i) To issue a direction to the respondents not to lease out the tanks (talab) having Nistar rights for the fishery purposes to the contractors.
(ii) For declaring all the tanks for Nistar purposes which were reserved and declared by the respondents for Nistar in the year 1954 during preparation of Bandobust and Nistar Patrak.
(iii) To issue a direction or any other writ to the respondents to prepare a list of tanks, having rights of Nistar, which were available in 1954 and now available in 2002.
(iv) To issue a writ to the respondents to make proper programme for protection and improvement of natural environment including forests, tanks, lakes, rivers and wilds and to have compassion of living creatures.
(v) To appoint a monitoring committee headed by the Commissioner of any division and two members of Non-Govt. Organisation to watch the environments and submit its yearly report before this Hon'ble Court and it should be published in Raj Patra of State of Chhattisgarh.
(vi) Issue any other writ or writs, order or orders, direction or directions, which the Hon'ble Court deems fit and proper in the facts and circumstances of the case.
(vii) Cost of petition.
3. For issuance of such reliefs, the petitioner has urged the grounds in para 6 of the petition which are as under :--
'6.1. That, there are several legislations enacted by the Union of India and States for preservation of environment like :--
(a) The Water (Prevention and Control of Pollution) Act, 1974.
(b) The Water (Prevention and Control of Pollution) Cess Rules, 1977.
(c) The Air (Prevention and Control of Pollution) Act, 1981.
(d) Environment (Protection) Act, 1986.
(e) Environment (Protection) Rules, 1986.
(f) National Environment Tribunal Act, 1995.
6.2. That according to the provisions laid down in the Constitution of India the respondents should take due and proper care for providing sufficient drinking water, natural and unpolluted environments. Because of the reason that respondents and their authorities have not exercised their power properly and carefully, the common village people are more affected badly.
6.3. That, the respondents should prepare a list of Tanks available in Chhattisgarh at the time of preparation of Bandobust in the year 1954 and coming in the force of M.P. Land Revenue Code which were reserved for 'Nistar' and the number of tanks available at present for Nistar and submit before this Hon'ble Court.'
4. This petition styled as PIL is too cryptic. Mere filing the petition and publishing the news is not sufficient. PIL requires hard work on the part of the petitioner. The homework is to be done. Facts have to be placed before the Court. Mere mentioning that there are several legislations does not serve the purpose.
5. The relevant details are not given. According to the petitioner, duty owes to the Local Bodies, State Government and Union of India. They are not performing the duties and directions be issued to each of them.
6. The jurisdiction of the High Court under Article 226/227 of the Constitution is to be invoked according to the settled principles of law.
7. The Apex Court in the matter of S.P. Anand v. H.D. Devegowda and Ors., reported in AIR 1997 SC 272, has dealt with the matter in great detail. The relevant portion of the said judgment is quoted below :--
'We cannot help mentioning that on issues of Constitutional laws, litigants who can lay no claim to have expert knowledge in the field should refrain from filing petitions, which if we may so, are often drafted in a casual and cavalier fashion giving an extempore appearance not having had even a second look. Thisis the impression that one gets on reading the present petition. It is of utmost importance that those who invoke this Court's jurisdiction, seeking a waiver of the locus standi rule must exercise restraint in moving the Court by not plunging in areas wherein they are not well-versed. Such a litigant must not succumb to spasmodic sentiments and behave like a knight-errant roaming at will in pursuit of issues providing publicity. He must remember that as a person seeking to espouse a public cause, he owes it to the public as well as to the Court that he does not rush to the Court without undertaking a research, even if he is qualified or competent to raise the issue. Besides, it must be remembered that a good cause can be lost if petitions are filed on half-backed information without proper research or by persons who are not qualified and competent to raise such issues as the rejection of such a petition may affect third party rights. Lastly, it must also be borne in mind that no one has a right to the waiver of the locus standi rule and the Court should permit it only it is satisfied that the carriage of the proceedings is in the competent hands of a person who is genuinely concerned in public interest and is not moved by other extraneous considerations. So also the Court must be careful to ensure that the process of the Court is not sought to be abused by a person who desires to persist with his point of view, almost carrying it to the point of obstinacy, by filing a series of petitions refusing to accept the Court's earlier decisions as concluding the point.'
8. The fundamental duties are also enshrined under Article 51A of the Constitution which are as under :--
'51-A. It shall be the duty of every citizen of India-
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcendingreligious; linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f) to Value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavour and achievement.'
9. During the course of the arguments, we asked the petitioner as to whether he has made survey of his own. He submits that he does not, but he undertakes to make the survey. Let him make the relevant survey and collect the relevant details. He may collect necessary information, make complete research and collect the relevant data atleast of his own district and thereafter may make a detailed representation along with the documents to the local bodies, respective departments of the State Government and the Union of India.
10. We have no doubt that if a proper representation along with the details and the documents is made before the local bodies, respective departments of the State Government and the Union of India, it shall be considered on its own merits in accordance with law.
11. With the aforesaid observations and directions, the petition is disposed of. Security, if deposited, be refunded to the petitioner.