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Against whom a Public Interest Litigation can be filed?

• Public Interest Litigation can be filed only against a State / Central Govt., Municipal Authorities, and not any private party.
• However "Private party" can be included in the Public Interest Litigation as "Respondent", after making concerned state authority, a party.

  For example - If there is a Private factory in Delhi, which is causing pollution, then people living nearly, or any other person can file a Public Interest Litigation against:
  - Government of Delhi
  - State Pollution Control Board, and
  - Also against the private factory

• However, a Public Interest Litigation can not be filed against the Private party alone concerned state Govt. and state authority has to be made a party.

Procedure To File A Public Interest Litigation

A "Public Interest Litigation", is filed in the same manner, as a writ petition is filed.

In High Court

If a Public Interest Litigation is filed in a High court, then two (2) copies of the petition have to be filed. Also, an advance copy of the petition has to be served on the each respondent, i.e. opposite party, and this proof of service has to be affixed on the petition.

In Supreme Court

If a Public Interest Litigation is filed in the Supreme court, then (4)+(1) (i.e. 5) sets of petition has to be filed opposite party is served, the copy only when notice is issued.

Court Fees

A Court fee of RS. 50, per respondent (i.e. for each number of opposite party, court fees of RS. 50) has to be affixed on the petition.

Procedure

• Proceedings, in the Public Interest Litigation commence and carry on in the same manner, as other cases.
• However, in between the proceedings if the judge feels he may appoint a commissioner, to inspect allegations like pollution being caused, trees being cut, sewer problems, etc.
• After filing of replies, by opposite party, and rejoinder by the petitioner, final hearing takes place, and the judge gives his final decision.