Preposition
You are a resident of your locality (Faridabad , Haryana), and you observed that the water problem to the occupants of slums in the city of Faridabad increasing, water is not potable anymore because of toxic elements, however, middle-class and upper-class people can afford Water Purifier but not everyone like a slum people, vendors, hawkers, daily wagers and workers.

And whenever you crossed that pavement you observed that due to pandemic no authority helping them, children are infected or caught up with cholera, dengue, and elderly people cordon off by cancer, heart disease and lungs problem.

Now you decided to file a complaint but no local authorities heard your problem and circa 500 people are infected because of contamination of water.

No action took place against hazardous factories & companies.

(Hypothetical Situation)

You can articulate your situation or preferably a real scenario.

Now you have to file a PIL under Article 226 of the Indian constitution.

Points:

• Mandamus writ you have to use.
• Write High Court name/Judge Name.
• Insert cases (Optional).
• Under which Article fundamental right is infringed. Mention it.

In The High Court Of Punjab & Haryana

At Chandigarh
PIL NO. 0082 of 2024
In The Matter Of Public Intrest Litigation:

Sneha Swami………………..……………………………………………………Petitioner
v/s

1. State Of Haryana
2. Haryana State Pollution Control Board……………………… Respondent

Synopsis
This Public Interest Litigation is filed under article 226 of the constitution of India for grant of writ in the nature of mandamus or writ, order/ directions of like nature against the action of the respondent authorities, for violation of Article 21 of the constitution of India, which also includes right to clean drinking water. The manufacturing industries and factories in Panipat which largely affects the fundamental rights of the public related to clean drinking water. Over the past ½ years, industrial growth is flourishing but that also causing water pollution and doing great harm to human health, flora and fauna and penury class.
Being aggrieved by such decision and action of the respondent, humbly petitioner is filling this instant Public Interest Litigation.

In The High Court Of Punjab & Haryana At Chandigarh

PIL no. 0082 of 2024
To,
The Hon'ble Mr Justice Gurmeet Singh Sandhawalia , Hon'ble Chief justice of the Hon'ble High Court of Punjab & Haryana and his lordships' companion justices of the said high court.
In The Matter Of:

A Public Interest Litigation under Article 226 of the constitution of India instituted pro bono for enforcement of public interest.
-And-
In The Matter Of:
Impugned action of the respondent authorities of polluting the water, and violated the article 21 of constitution of India.
-And-

In The Matter Of:
Sneha Swami D/o Ganga Ram Swami r/o Panipat, Haryana
……Petitioner

Versus

1. State of Haryana
2. Haryana State Control Board

……. Respondent


AFFIDAVIT
I Sneha Swami aged 19 years, d/o Ganga Ram Swami r/o Panipat ,Haryana do hereby solemnly affirm and declare as under:

• That I am the petitioner above named. I am a law student at BPSMV, Sonipat.
• I have filed the present petition as a public interest litigation.
• I have gone through the Delhi High Court (Public Interest Litigation) Rules, 2010, and do hereby affirm that the present public interest litigation is in conformity thereof.
• I have no personal interest in the litigation and neither myself nor anybody in whom I am interested would in any manner benefit from the relief sought in the present litigation save as a member of the general public. This petition is not guided by self-gain or gain of any person, institution, body, and there is no other than of public interest in filing this petition.
• I have done whatsoever inquiry/investigation which was in my power to do, collect all data/material which was available and which was relevant for this court to entertain the present petition. I further confirm that I have not concealed in the present petition any data/material/information which may enable this court to form an opinion whether to entertain this petition or not and/or whether to grant any relief or not.

In Verification
Most Respectfully Showeth:

1. That the petitioner above named is a citizen of India and a permanent resident of Panipat Haryana and is as such entitled to the rights and privileges guaranteed by the constitution of India and the laws framed there under.
    
2. That the petitioner states that she is instituting the instant public interest litigation and the petitioner herein has no personal interest in the litigation and the petition is not guided by self-gain or gain of any person, institution or body and there is no motive other that of public interest in filing the instant public interest litigation.
    
3. That the petitioner states that, past ½ years the industrial growth is booming in India's Panipat city and it become a hub of factories and manufacturing industries. All the owners are gaining lucrative amount of profit but with this industrialisation the residents of Panipat areas are badly affected by their work. The kind of industrial work in which they are engaged like- dyes, pesticides, fertilizers which are hazardous in nature and affect the environment and people also.
    
4. The Western Yamuna Canal (WJC) is the major source of canal irrigation. which is polluted and made unfit for residents to drink. 100 of factories engaged in manufacturing process like- adhesives, cosmetics, tv tubes they directly dump into the water which goes to the drains, pipelines and it also obliterate the agricultural land and cause the soil erosion because of ground water is polluted and land also looses its fertility.
    
5. Especially it is affecting the vulnerable class rikshapullers, vendors, daily wage worker, jukkis who don't have any option except to drink contaminated water and because of these hazardous industrial work alongside river areas is covered with the toxic non-disposable waste which gives a stinky smell and permeates in the air and through air nearby areas are also get affected by inhaling the toxic air.
    
6. The writ petition of mandamus is being filed under Article 226 in public interest litigation in the violation of Article 21 of constitution of India which also includes the right to clean drinking water. The manufacturing industries and factories in Noida /greater Noida which largely affecting the fundamental rights of public related to clean drinking water. As per the reports of The Central Ground Water Authority (CGWA) The block area has been notified with a view to protect the ground water resources and other development activities in consonance with protection & preservation of ground water resources. Accordingly, aquifers upto 150 m depth have been declared as "Protected Aquifers" which can only be used for construction of tube wells for drinking and domestic water supply.
    
7. The entire drinking water supply to all rural as well as urban parts of the district is based on ground water. Drinking water supply in the district being maintained by Public Health & Engineering Department (PHED) and drilled down to the depth of 75 – 100 m. These tube wells in general tap the first unconfined/semi-confined aquifer groups. At few places where water quality of ground water is saline or poor, the water supply is based on canal water. which causing the dangerous disease of cancer to villagers under article 51-A (g) of constitution of India. At international level also UN general assembly on 28th July 2010 recognized the human right to water and sanitation and acknowledgment that clean drinking water and sanitation are essentials. According to the precautionary principle the occupier whose causing such pollution under polluter pay principle is liable to pay the compensation here are some cases.
    
8. Vellore citizen welfare forum v. UOI and Enviro legal action v.UOI where the court applied this principle and said if the activity carried on which is hazardous in nature than pollute is liable to pay. In the M.C Mehta v. UOI (ganga pollution) supreme court directed to all tanneries to deposit a sum of 10,000 as fine in the office of collector.
    
9. As per the precedents rulings of apex court which manifestly states that right to clean water is a fundamental right and, in this case, also manufacturing industries and factories are liable. In Indian constitution right to clean water is not expressly mentioned but with the ruling of courts it broaden the concept of article 21 of constitution of India: Subhash Kumar v. state of Bihar supreme court held that right to live includes the right of enjoyment of pollution -free water and air for full enjoyment of life. State of Karnataka v. state of Andhra Pradesh court held that right to water is a right to life thus, a fundamental right.
    
10. That the petitioner states that Manufacturing industries (chhapraula and ors violated the fundamental rights under article 21 of constitution of India which includes right to clean drinking water. EIA (amendment )2006, comprises the four stages screening, scoping, public hearing, appraisal is not followed properly. Under Pecuniary principle where the respondent shall direct to the companies &factories to pay as per polluter pay in violation of fundamental right. Under factories Act ,1987 section 41B (3) sub-section1 is infringed by the companies &factories, under section 41B (6) their licence shall be cancelled, under section 41 B (7) also infringed by the companies and factories. Under water (prevention & control pollution) Act ,1974 section 24 is violated and shall prohibit the industries and factories from exercising their activities.

Prayers:
In the light of public interest and issues raised, the counsel humbly prays to pass such order as may be deemed fit and proper in this case:

• Pass interim order for cleaning of Western Ganga Canal, dams, drains, wells nearby Panipat city.
• Issue notice to the Haryana State Pollution Control Board on the prohibition of dumping of toxic elements in the river by companies and factories.
• Issuance of stringent guidelines related to granting the license to companies by CGWA.

……Petitioner


Written By: Sneha G R Swami
Bhagat Phool Singh Mahila Vishwavidyalaya Sonipat