Public Interest Litigation
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.
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