Specimen Of A Writ Petition For Public Interest Litigation Deeds Miscellaneous 1875 - Legal Draft

Specimen of a Writ Petition for Public Interest Litigation
District         
In the High Court at Calcutta, Constitutional writ jurisdiction

CO./C.E.NO        ( W)of1999
In the matter of:
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:
West Bengal Municipal Act 1993
In the matter of: The Environment Protection Act 1986
In the matter of:
West Bengal Town and Country (Planning
and Development) Act 1979
In the matter of:
water-body situated in the        in
In the matter of:
Shri      son of    ,
President of      residing
at       
Petitioner versus
1        , a company incorporated
2.        Mr        managing
partner for Cinema, a partnership firm having its office
3.        The Chairman     
Municipality      having its office
at       
4.        State of West Bengal, Department or
Urban Development        having

its office at Writers Building, Calcutta
through its Secretary

Respondent

To
Hon'ble Mr.      The
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 Calcutta 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.
8. The Government has already taken steps for protection of wet-lands and in this regard has published an approach paper.
9. The State Government has also published a similar policy document for preservation of the wet-lands.
10. That the Respondent No. 1 is a company engaged in manufacturing iron rods having a Rolling Mill at Lilooah in the district of Howrah and it is a stranger to any cinema business but in order to augment its income has surreptitiously come to an understanding with the Respondent No. 2 to start a cinema business by providing the finance. The Respondent No. 2 is just a ghost firm set up by Respondent No. 1 to avoid the rigours of the Companies Act.
11. The wet-land described in the Schedule below serves the cause of environment in various ways which are indicated hereunder:
(a) Each water-body keeps the atmosphere cool by absorbing heat. Water vapours also keep the surrounding area coo!. It absorbs carbon dioxide which are regularly discharged into the atmosphere.
(b) Wet-lands absorb dust particles discharged into the atmosphere by various sources and elements.

14. The petitioner, therefore, begs to move this application as the President of and its members, and also on behalf the citizens/residents of said municipal area in order to protect their rights as enshrined under Article 21 read with Article 48A of the Constitution inasmuch as the persons likely to be prejudiced and affected by the aforesaid action of the Municipality of ..... are so numerous and scattered and moreover the damage that is likely to be caused to them by the aforesaid action of the municipal authority will be slow and gradual before the same became manifest, it would not be possible for residents and tax payers to move this Hon"ble court individually. The petitioner and ..... society and the member of

...... are also duty bound under the provisions of Article 51A(g)of the Constitution to institute action for protection of environment since Article 5 lA(g) states that it will be the duty of every citizen of India to protect and improve the natural environment including various lakes and rivers and wild life to have combination for the living creatures, to initiate action for protection of the aforesaid water-body as the said municipal authority is bent upon destroying the water-body and has initiated urgent measures for the same, threats of destruction of the said water-body having become apparent and real and imminent the petitioner as the President of     along with some eminent citizens of the Municipal area have already written several letters to the Chairman of the Municipality urging him not to, in any way diminish or destroy the water-body.
15.       The concern shown by the petitioner as well as other eminent citizens of the area have failed to elicit any positive response from the Municipality and they appeared to be bent upon destroying the water- body by filling up the same in violation of statutory provisions and Government circulars and directions.
16. The petitioner states that the purported decision of the municipal authority if implemented would cause destruction and disturbance of the ecological and environmental equilibrium in the impugned areas by filling up of the aforesaid water-body and the impugned action is not only arbitrary but is also in violation of Article 14 of the Constitution.
17. Being aggrieved by and dissatisfied with the various actions and threats of the municipal authority the petitioner begs to move the instant application under Article 226 of the Constitution of India on the following amongst other.

(III) For that   
18. The petitioner states that the petitioner has not moved any other
application on the self-same cause of action before the Hon'ble Court or any other Court of Law.
19. The petitioner states that it is apparent that the Municipal Authority is actively proceeding towards the filling up the aforesaid water-body and unless restrained by an order of injunction, the respondent Nos. 1 and 2 as agents of the Municipality would fill up the said water-body which will render the instant application infructuous.
20. The cause of action of this instant application arose outside the Ordinary Original Civil Jurisdiction of this Hon'ble Court.
21. The petitioner has no other efficacious and alternative remedy and the remedies prayed for hereunder would give full and final relief to the residents of the area concerned on whose behalf the instant application is being moved.
22. The petitioner has also made demand for justice vide Annexure         to the petition, but justice has been denied.
23. As indicated hereinabove, the petitioner is moving this application in public good to protect the public interest and not intended to serve any interest of any individual and in case the orders, as prayed for hereunder, are not granted the residents of the area concerned would suffer irreparable loss and injury.
24. That this application is being moved bona fide and in the interest of justice.
(b) Writ in the nature of mandamus directing the respondent Nos   give suitable direction 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 direction upon the respondent Noa     and each of them and their subordinates agents restraining them from according 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 direction upon the respondent Nos. 1 and 2 directing them to bring into this Hon'ble Court all the records relating to any decision that might have been taken for construction of ci nema building so that conscionable justice may be administered by quashing the same;
(d) Rule nisi in terms of prayers (a), {b), (c) and (d) above; (e) Rule be made absolute;
diminishing the water-body known as      situated
at        in any manner whatsoever till the disposal of
this application;
( g ) Ad interim order in terms of prayer (g) above;
And your petitioner, as in duty bound, shall ever pray.
I, Shri  son of   aged about       years,
by religion      by occupation   residing
at        do hereby solemnly affirm and say as follows:
1.       I am the petitioner in the instant application and am well acquainted with the facts and circumstances of the case. I am duly authorised 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 knowledge and those made in paragraphs       are my humble submissions before this Hon'ble Court.
Prepared in my office The deponent is known to me Advocate      Clerk to: Mr.   
Solemnly affirmed before me on this      Advocate
         day of   1999
Commissioner