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What is the procedure to file PIL
28-Nov-2023 (In Civil Law)
How can i file PIL in Bombay High court against Pune municipal corporation and Irrigation department??? Is it requires to send notice 2 months prior to it??? Can i file PIL just by sending Letter to Chief justice of Bombay high court??? and how would i able to know whether it is accepted as PIL or not???
Il give the answers as one by one on your questions
Answer for Q1:- You should have no personal interest or publicity interest and the cause you are espousing should be for a group or community of affected and afflicted people, only then you should go for PIL.
Answer for Q2 :- Section 80 of the Civil Procedure Code mandates two months notice when a case against the Government is filed, however the same can be dispensed with for good and sufficient reason and an averment to that effect is to be pleaded in the Petition.
Answer for Q3:- It is in the discretion of the Hon'ble Chief Justice to consider whether your letter can be treated as a Writ Petition. Normally it is not treated as one(PIL), except in exceptional circumstances.
Answer for Q4:- Generally if it is accepted as a PIL it is notified to the sender of the letter. However that is not a Rule as you are interested in the cause and not your personal publicity or private interest.
NOTE:- The Hon'ble Court can impose heavy cost for filing frivolous/publicity/political interest litigation which we may caution you.
Answer for Q1:- You should have no personal interest or publicity interest and the cause you are espousing should be for a group or community of affected and afflicted people, only then you should go for PIL.
Answer for Q2 :- Section 80 of the Civil Procedure Code mandates two months notice when a case against the Government is filed, however the same can be dispensed with for good and sufficient reason and an averment to that effect is to be pleaded in the Petition.
Answer for Q3:- It is in the discretion of the Hon'ble Chief Justice to consider whether your letter can be treated as a Writ Petition. Normally it is not treated as one(PIL), except in exceptional circumstances.
Answer for Q4:- Generally if it is accepted as a PIL it is notified to the sender of the letter. However that is not a Rule as you are interested in the cause and not your personal publicity or private interest.
NOTE:- The Hon'ble Court can impose heavy cost for filing frivolous/publicity/political interest litigation which we may caution you.
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Adv. Mrinal Pillai
Mumbai | 25+ Answers
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PIL is a petition its like a case before court of law considering the wrong done to public and for the sake of usti e of masses...it shld b in a proper format covering all due legal points...no notice nor letter is required...once u file the PIL den only u ll send a notice of the same to opposite parties...feel free to b in touch...Regards
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Adv. Sourabh A Saxena
Mumbai | 25+ Answers
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Public interest litigation can be filed to secure the rights of common man which are affected by act of an authority. If u could give details of your PIL then we may help u.
For more information revert back.
For more information revert back.
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Adv. Bharat Pandirao Pawar
Pune | 500+ Answers
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