Supreme Court PIL Format Under Article 32 - Writ Petition

SYNOPSIS

The Petitioner files this Public Interest Litigation under Article 32 of the Constitution seeking appropriate declaratory and consequential relief against the specifically identified provisions of [State Act / Ordinance / Rules / Notification], insofar as those provisions allegedly impair constitutional rights of affected landowners and other persons. The impugned provisions are said to modify the statutory safeguards for consent, Social Impact Assessment, objections, rehabilitation and resettlement, compensation, or return of unutilised land under the applicable land acquisition framework.

The Petitioner contends, on the facts and legal grounds particularised below, that the impugned provisions violate Articles [14 / 21 / other demonstrably applicable fundamental right], and raises issues under Article 254 where applicable. The Petitioner seeks scrutiny of the precise enactments, dates, legislative competence, Presidential assent if any, and the operation of the relevant Central and State laws.

LIST OF DATES AND EVENTS

Date	Event and supporting annexure
1894	Land Acquisition Act, 1894 enacted (historical background, if relevant).
26.09.2013	Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 enacted.
01.01.2014	Central Act commenced.
[Date]	[Impugned State enactment, assent, ordinance or notification; Annexure P-1].
[Date]	[Relevant State rules, land acquisition proceedings and public injury; Annexure P-2].
[Date]	[Representations and responses, if any; Annexure P-3].
[Date]	Present writ petition filed.

IN THE SUPREME COURT OF INDIA

EXTRAORDINARY ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. ____ OF 20____ (PIL)
UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA

IN THE MATTER OF:
[Name, complete address and particulars of Petitioner] ... Petitioner
VERSUS
1. Union of India, through [concerned Ministry] ... Respondent No. 1
2. State of [State], through [Department] ... Respondent No. 2
3. [Other necessary parties] ... Respondents

TO
THE HON'BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUSTICES OF THE SUPREME COURT OF INDIA

THE HUMBLE WRIT PETITION OF THE PETITIONER ABOVE-NAMED
MOST RESPECTFULLY SHOWETH:

1. Nature of the petition and relief

The present writ petition is filed in public interest seeking judicial review of [identify the exact impugned statutory provisions and notifications] and appropriate writs, declarations and directions to protect the fundamental rights pleaded herein. The Petitioner does not seek adjudication of a private title or compensation dispute.

2. Petitioner particulars and bona fides

The Petitioner is [full name], citizen of [country], residing at [complete address], email [ ], telephone [ ], occupation [ ], annual income [ ], PAN [ ], identification particulars [if any]. The Petitioner has [experience/activities] relevant to the subject. The source of funding and any personal, financial or organisational interest in the litigation are [ ]. Details of civil, criminal or revenue litigation having a legal nexus with the issues are [ ], or state none if accurate.

3. Facts constituting cause of action

Parliament enacted the 2013 land acquisition law, which came into force on 1 January 2014. The State of [ ] subsequently enacted [exact title, number and date] and notified [specific provisions]. Those provisions allegedly [precise departures], affecting [identified class of persons] in [identified districts/projects]. Copies of the relevant Gazette publications, acquisition notices, compensation records and representations are annexed as Annexures P-[ ].

4. Source of information and evidence

The Petitioner relies on authenticated Central and State enactments, Gazette notifications, acquisition records, public authority responses, affidavits of affected persons and other documents specified in the list of annexures. Newspaper reports, if relied upon, are corroborated wherever practicable.

5. Public injury and affected class

The impugned action is alleged to cause [specific, demonstrable injury] to [farmers, landowners, displaced families or other identified class], including [facts concerning consent, objections, rehabilitation, compensation or livelihood]. Explain the connection between each pleaded fundamental right and the impugned action.

6. Remedies and earlier proceedings

Details of representations made, proceedings before courts or authorities, and any alternative remedies are [ ]. The Petitioner discloses all connected or similar proceedings to the best of knowledge, including their status and orders. The basis for invoking Article 32 directly rather than another forum is [ ].

7. Public interest and absence of improper motive

The petition is instituted bona fide for the benefit of [class]. The Petitioner discloses any personal interest and states that the proceeding is not brought for private gain, publicity, political advantage or to settle a personal grievance.

8. Grounds

A. Because [specified provision] allegedly creates an arbitrary or unjustified classification and violates Article 14, for the reasons [ ].

B. Because the documented impact of [specified action] on life or livelihood allegedly violates Article 21, having regard to [ ].

C. Because the State provision [ ] is alleged to be repugnant to the Parliamentary enactment [ ] within the Concurrent List, subject to examination of Article 254, legislative competence and Presidential assent, if any.

D. Because the acquisition action is alleged to be inconsistent with the applicable provisions concerning Social Impact Assessment, objections, compensation, rehabilitation or return of unutilised land, as specifically identified in [ ].

E. Because [any other pleaded constitutional ground supported by facts and law].

9. Grounds for interim relief

Unless interim protection is granted, [specific acquisition or dispossession] scheduled for [date] may cause irreversible harm to [affected persons]. The balance of convenience and public interest favour [limited, proportionate protection], without pre-judging the merits.

10. Main prayer

It is therefore respectfully prayed that this Hon'ble Court may be pleased to:

1. Declare [identified provisions of the specified State enactment] unconstitutional or otherwise inoperative to the extent established on the pleaded grounds;
2. Issue an appropriate writ, order or direction restraining implementation of the impugned provisions to the extent found unlawful;
3. Direct the respondents to comply with the applicable land acquisition, compensation and rehabilitation requirements;
4. Pass such further order as this Hon'ble Court considers just and proper.

11. Interim prayer

Pending final disposal, stay [identified notification or action] insofar as it affects [specified persons and lands], or grant such narrowly tailored interim protection as the Court considers appropriate.

AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.

FILED BY: [ADVOCATE-ON-RECORD]
Drawn by: [ ]
Drawn on: [ ]
Filed on: [ ]
New Delhi

VERIFICATION AND SUPPORTING DOCUMENTS

Verification: I, [Petitioner], verify that paragraphs [ ] are true to my personal knowledge and paragraphs [ ] are based on records and legal advice believed to be correct, with sources identified. Verified at [place] on [date]. Signature: [ ].

Prepare the supporting affidavit, prescribed PIL disclosures, index, list of dates, annexures, applications for interim relief or exemption where needed, and Advocate-on-Record certification in the format currently required by the Supreme Court Registry.