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PIL Format For Supreme Court Under Article 32 of The Constitution of India. Writ Petition Public Interest Litigation

The petitioner is filing a writ petition seeking to cancel or strike down amendments made by state governments to land acquisition acts and rules that contradict the original central act and destroy its basic structure. The state amendments exempt large projects from provisions like obtaining consent, conducting social impact assessments, and allowing objections from affected citizens. This violates citizens' fundamental rights under the Constitution. The petition argues the central act overrides state acts due to conflict and the amendments should be deleted. It seeks a writ of mandamus restoring the original central act and rules in states that have amended them until the petition is adjudicated.

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Palak Chawla
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327 views

PIL Format For Supreme Court Under Article 32 of The Constitution of India. Writ Petition Public Interest Litigation

The petitioner is filing a writ petition seeking to cancel or strike down amendments made by state governments to land acquisition acts and rules that contradict the original central act and destroy its basic structure. The state amendments exempt large projects from provisions like obtaining consent, conducting social impact assessments, and allowing objections from affected citizens. This violates citizens' fundamental rights under the Constitution. The petition argues the central act overrides state acts due to conflict and the amendments should be deleted. It seeks a writ of mandamus restoring the original central act and rules in states that have amended them until the petition is adjudicated.

Uploaded by

Palak Chawla
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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SYNOPSIS

That the Petitioner is filing the present Writ Petition in Public Interest under Article 32
of the Constitution of India seeking mandamus to cancel / struck down the
contradictory amendments made by state governments to the State Acts and Rules by
destroying basic structure of the original Central Act, _______ through ordinances
under Article 254(2) of the constitution of India, whereby the basic structure of the
Original central Act and Rule has been changed to give exemption to large categories
of projects from consent provisions, Social Impact Assessment, Objections by affected
citizens and participation of local bodies etc, thereby violated Fundamental right
guaranteed to citizens of India under Article 14, 19(1)(g) and 21 of the Constitution.

The said amendments made by the State Acts diluted the provision for return of
unutilized land. The central act had a provision to return unutilised land to the people
when if it remained unutilized for more than 5 years. It also had provision for fresh
award if the compensation to majority of affected people not paid after declaration of
Award. In all most all state amendments, it is tried to either extend the period of
making the acquisition void and changing the payment of compensation the
beneficiaries by declaration of award and depositing the compensation with the court
or the state treasury.
 

LIST OF DATES

1894 The ______Act 1894 was passed

27.09.20__ The ________ passed by Indian Parliament.

24.05.20__ State of _______ has passed notification and designated collector as


competent authority to acquire land upto ____ acres. The Notification also designated
all Sub-Divisional Officers (Deputy Collector /Joint Collector) to perform powers of
the collector under section _______ and __ of the Act.

08.08.20__ The Central Government notified _______ Rules, 20__.


22.10.20__ Uttar Pradesh Government has issued notification in pursuance of
provisions of clause (3) of Article 348 of the Constitution and changed factor 2 as the
factor by which the market value to be multiplied in the case of any ___ to be acquired
in rural areas of UP.

20.11.20__ Andhra Pradesh Government notified The ______Rules, 20__.

18.12.20__ Hence, this Writ Petition. 

IN THE SUPREME COURT OF INDIA


EXTRA ORDINARY ORIGINAL JURISDICTION

WRIT PETITION (C) NO. ________ OF 2018 (P.I.L)


PUBLIC INTEREST LITIGATION
(UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA)
 

IN THE MATTER OF:


1. XYZ                                                                                    Petitioner No. 1

VERSUS

Union of India                                                                      Respondent  No. 1

To,
The Hon'ble Chief Justice of India
& His Companion Judges of this Hon'ble Court

Humble civil appeal on behalf of the Appellants above-named:

Most Respectfully Showeth:


1. That the Petitioner is filing the present Writ Petition in Public Interest under Article
32 of the Constitution of India seeking mandamus to cancell / struck down the
contradictory amendments made by state governments to the State Acts and Rules by
destroying basic structure of the original Central Act, _______ through ordinances
under Article 254(2) of the constitution of India, whereby the basic structure of the
Original central Act and Rule has been changed to give exemption to large categories
of projects from consent provisions, Social Impact Assessment, Objections by affected
citizens and participation of local bodies etc, thereby violated Fundamental right
guaranteed to citizens of India under Article 14, 19(1)(g) and 21 of the Constitution.

2. (1)All Petitioners are Citizens of India. Petitioner No. 1 _________ is a renowned


social activist. He is residing at ________________. The average annual income of
the Petitioner for the last financial year (FY-20__-20__) is approximately Rs. _____/-
and PAN number is _____________. The Petitioner's National UID number is
______.

3. The Case in Brief and facts constituting the cause of action


(1) That Indian Parliament had passed ______ Act, 20__ and the Ministry of Law and
Justice had published it through Gazette Notification on September __, __. The draft
Act, which replaced an earlier 18__ law, was debated over for almost two years.
People's movements and civil society organisations had analysed that while the new
law had several positive features like consent of landowners or food Security related
provisions, it had a few lacunae.

4. Source of Information: The Petitioner relies on Acts, Amendment Act, Rules and


Amendment Rules passed by Parliament, published in Official Gazette through
ordinances by the Central Government, Acts, amendment Acts, Rules and
Amendment Rules passed by the state governments and published in official gazette,
observations of some Newspapers etc as well as personal knowledge and experience
related to Land acquisition Act.
5. Details of Remedies Exhausted: The Petitioners have not approached any court of
authority for remedy against the issues raised in this Petition. That the Petitioner does
not have any alternative equally efficacious remedy other than to approach this
Hon'ble Court than by way of filing this writ petition under Article 32 of the
Constitution of India.

6. That the present petition will be beneficial for land owners and farmers India is
India as the amendments in Central Act, Central Rules, State Acts and State Rules are
adversely affecting their fundamental rights.

7. Nature of Personal Interest, if any, of the Petitioner: The Petitioners have no


personal interest in this Petition and it is being filed in Public Interest.

8. That the Petitioners have not filed any other writ petition same or similar to the
present writ petition, neither in this Hon'ble Court nor in any other Court or forum
across the land.

9. The Petitioner declares that the issue raised was neither dealt with nor decided by a
Court of law at the instance of the petitioner or to the best of his knowledge, at the
instance of any other person.

10. The Petitioners have not approached any authority for relief for the subject matter
of this petition.

11. That the Petitioner is filing the instant Writ Petition inter alia on the following
amongst other grounds:-
 

GROUNDS
A. Because central Act ______________ Act, 20___ and _________________ Rules,
20__ overrides all state Acts and rules. The amendment made by states in Land
Acquisition Act and Rules through ordinances under Article 254(2) of constitution
conflicting with Central Act and the amendments contradicting the central Act and
State Act are liable to deleted.
B. Because the states cannot use concurrent list used to modify the state Act, if the
state Act conflict with Central Act.

12. GROUNDS FOR INTERIM RELIEF

A. Because the amendments made in _______ Act and Rules by the State
Governments is adversely affecting the interest of the farmers of the country, their
fundamental rights are affected and the land is being acquired without their consent by
not providing rehabilitation to them, urgent intervention of this court is necessary.

B. As explained in the main grounds of the Petition, the farmers of the country
deserve to get immediate relief from this Hon'ble Court.

13. MAIN PRAYER

In light of the aforesaid, the Petitioner, therefore, pray that this Hon'ble Court may
kindly be pleased to:

a. Issue a writ of Mandamus or any other appropriate writ, order or direction in the
nature thereof, declaring that the _____________ Acts and Rules made by States by
amending the original central Act, _______________, 20____ passed by the
Parliament, overrides the central act, are illegal and deserves to struck down;

b. Issue any other appropriate writ, order or direction as the nature and circumstances
of the present case may require;

14. INTERIM PRAYER

In light of the aforesaid, the Petitioner, therefore, pray that this Hon'ble Court may
kindly be pleased to:

a. Issue a writ of Mandamus or any other appropriate writ, order or direction in the
nature thereof, restoring the original central act _____ Act, 20___ and central rules
______ Rules, 20__ in all states which have amended the state / acts rules and should
be in force till the present Petition is finally adjudicated;

b. Issue any other appropriate writ, order or direction as the nature and circumstances
of the present case may require; 

AND FOR THIS ACT OF KINDNESS THE APPELLANT AS DUTY BOUND


SHALL EVER PRAY

FILED BY:

Advocate for the petitioner Drawn By:


Drawn on:
Filed on:
New Delhi

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