Specimen of a Writ Petition for Public Interest Litigation

Updated at:March 2010
 
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Writ Petition for Public Interest Litigation

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

In the High Court at Mumbai, Constitutional writ jurisdiction

Appellate Side

C.O./C.R. No. .................. (W) of 2006

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:

Maharashtra Municipal Act 1993

And

In the matter of:

The Environment Protection Act 1986

And

In the matter of:

Maharashtra Town and Country (Planning and Development) Act 1979

And

In the matter of:

Illegal attempt on the part of the Respondents (1) & (2) for raising a Cinema building by destroying one large water-body situated in the ................. in violation of the draft outline/Development Plan for the area concerned

And

In the matter of:

Shri ..................... son of ........................, President of ..................... residing at .............................

Petitioner

versus

  1. ...................., a company incorporated under the Companies Act 1956 having its registered office at ...................

  2. Mr. .......…………....... managing partner for Cinema, a partnership firm having its office.

  3. The Chairman, ..……...….......……… Municipality ..................., having its office at .........................

  4. State of Maharashtra, Department or Urban Development .................. having its office at Writers Building, Mumbai 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:

  5. 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.

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

  7. 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.

  8. ...

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