PUBLIC INTEREST LITIGATION UNDER ARTICLE 32 FORMAT

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

(Under order XXXVIII Rule 12 (1) (d) )

PUBLIC INTEREST LITIGATION NO.   XX /XXXX

(UNDER ARTICLE 32 OF THE CONSTITUTION)

IN THE MATTER OF :

ANANT  BHUSHAN   …………………………PETITIONER

VS

NCT OF DELHI  & ORS       ………………………….RESPONDENT

PUBLIC INTEREST LITIGATION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA SEEKING WRIT OF MANDAMUS OR ANY OTER APPROPRIATE WRIT (S), ORDER (S) OR DIRECTION (S) FOR COMPLETE BAN ON STUBBLE BURNING IN STATES OF PUNJAB AND HARYANA

TO,

THE CHIEF JUSTICE OF INDIA

AND HIS COMPANION JUSTICES OF THE SUPREME COURT

THE HUMBLE PETITION OF

THE PETITIONER ABOVENAMED

MOST HUMBLY SHOWETH,

1. That Petitioner is a resident of Delhi and a vigilant citizen concerned about safeguarding fundamental rights.

2. That Petitioner is concerned about high pollution level in Delhi particularly in months of October and December every year when Delhi converts into almost gas chamber.

3. That this pollution is mainly caused by stubble burning in Punjab and Haryana by farmers.

4. That Petitioner has made presentations before the Government of Haryana as well Government of Punjab, but no appropriate measures have been taken by these governments.

5. That Petitioner has no option to approach this Hon’ble Court for appropriate directions.

GROUNDS

6. The Petitioner is filing this Petition on following grounds.

A. Because this Hon’ble Court in several judgments has held that right to pollution free environment is a Fundamental Right under Article 21 of the Constitution of India.

B. Because stubble burning is seriously causing environment of Delhi NCR. During period of October and November every year Delhi NCR almost converts in gas chamber.

C. Because study conducted by organization namely xxxx has stated that life of every citizen in Delhi is being reduced by 5 years due to severe pollution in Delhi NCR area.

D. Because the severe level of pollution is creating health hazard to citizens residing in Delhi particularly to children and senior citizens.

7. That there is no personal gain, private motive or oblique reason for the Petitioner in filing the present Public Interest Litigation.

8. That the Petitioner has not filed any similar petition before this Hon’ble Court or any other Courts or Tribunals.

PRAYER

In light of aforesaid facts and circumstances, it is therefore prayed that this Hon’ble Court may be pleased to:

(i) Issue writ of mandamus or any other appropriate writ (s), order(s)  or direction(s) to  the Respondents to ban stubble burning with immediate effect in States of Punjab and Haryana.

(ii) Pass any other order(s)/direction(s) as this Hon’ble Court may deem fit and proper.

AND FOR THIS ACT OF KINDNESS THHE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY

ADVOCATE FOR THE PETITIONER

PLACE:

DATE:

Note: PIL has to be accompanied with synopsis, list of dates, affidavit etc.

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