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Ravi Chander   28 August 2018

How to approach high court on violation of fundamental right

My whole locality is suffering from water scarcity of drinking water and It only supplies contaminated sewage water and the water supply timing is also from 01:00 AM to 03:00 AM.

The above-given conditions directly violate the fundamental Right to life, and the Hon'ble supreme court  declared the following rights as part of Article 21:

  1. Right to live with human dignity

  2. right to decent environment including pollution free water and air and protection against hazardous industries

  3. Right to health

  4. Right against inhuman treatment

  5. Right to sleep

There is a grave feasibility of a nexus between private water vendors and delhi jal board because from last four to six months this year only, we are compelled to buy potable water from these vendors.

 

Henceforth, I had lodged a complaint at Delhi Jal Board grievance cell i.e. 1916 with complaint number 18051901502 dated 19 May 2018 and the concerned officer is junior engineer Mr. Bittu Kumar, but no action has been taken yet.

 

Aggrieved from which again, I had lodged a complaint at Centralized Public Grievance Redress and Monitoring System (CPGRAMS-PGPORTAL.in)  with Registration no. GNCTD/E/2018/03756 dated 9 July 2018 and the concerned officer is chief engineer Sh. Ramesh Thakur. A false statement of complaint completion was given by Zonal Engineer Mr.  S K Mandal dated 21 July 2018, which I had condemned by lodging reminder at the same day. Moreover, from 21 July 2018, every day I am lodging the reminder but no action has been taken yet.

I have also lodged a complaint at the Listening post of Lt. Governor, Delhi with Registration no. 2018006642  dated 10 July 2018 and the concerned officer is chief engineer Sh. Ramesh Thakur. It is just showing "work in progress" as an interim reply but no action has been taken yet.


With reference to RTI reply ref no. DJB/F-1/SE (West)/PIO/10/2863,  Information number. 7  states that "Water line from Prem Nagar UGR is being laid to provide water supply" but no action has been taken yet.

 

 

Henceforth, I have the following demands:-

  1. w.r.t Right to sleep, change of water supply time to daytime with uniform minimum supply timeframe.

  2. w.r.t Fundamental Right to Life, the no water issue and contamination of water supply should be resolved.

  3. I need the proper grievance redressal mechanism to resolve drinking water supply in a fixed timeframe.

  4. I want to appeal to take appropriate steps against the officers who are jeopardizing people and not taking any action in a given timeframe.

 

Detail of Concerned officers:-

Sh. Ramesh Thakur, Chief Engineer (West)

Sh. N K Tomar, Superintendent Engineer (West)

Sh. D K Kashyap, Executive Engineer (West II)

Sh. S K. Mandal, Zonal Engineer

Sh. Bittu Kumar, Junior Engineer

Address: Delhi Jal Board, Head Quarter Varunalya Ph-II, Karol Bagh, New Delhi 110 005.

 
 
Kindly please guide me to get this public interest litigation to Delhi High court or supreme court.


Learning

 3 Replies

P. Venu (Advocate)     29 August 2018

Filing a Writ Petition requires some expertise. It is better that the service of a lawyer is sought.

Mansi Aggarwal   23 February 2021

Hello, thank you for your query.

Any individual, non-government organization, or citizen group can file a Public Interest Litigation to seek justice for a greater cause. 

You can file a PIL against a State/Central government, Municipal Authorities. If you wish to file a complaint against the government then you will have to issue a notice to the concerned officer at least two months before the suit is filed. 

To file in High Court ensure that your PIL copy is final. For this, you will have to get in contact with an advocate. Submit two copies of this PIL to the high court. A copy of the same has to be given to each respondent (in your case, the list of persons you have mentioned) in advance. Proof of this has to be attached to the petition. 

This is the step by step process for filing PIL:

Approach a public interest lawyer for filing the case. You can also approach an organization.

Collect important documents, these include identity proof, residency proof.

List of names and addresses of aggrieved parties who are approaching the court.

List of names and addresses of agencies from which you are seeking relief.

Facts regarding violation of fundamental rights have to be listed.

mention the dates. (in your case mention the times you complain to the local officers).

The prayer has to be stated clearly.

For the format refer this: procedure and format

Hope this helps you.

 

sneha jaiswal   22 April 2021

Hello, Greetings of the day!

Writ Petition is a formal order by a higher court to a lower court or courts, directing them to do something or stop them from doing something. It is issued for the enforcement of fundamental rights. Writ petition are filed under Article 226 of the Indian Constitution in the High Court. Writ petition can be both criminal and civil depending upon the case. There are five writ petition types in the Indian constitution, which you can file before the High Court such as:

  • Habeas Corpus
  • Mandamus
  • Prohibition
  • Certiorari
  • Quo Warranto

The stepwise procedure of filing a writ petition at the High Court are as follows:

Step 1: Drafting of Writ Petition 

Step 2: Then, file the petition at the filing counter in the court

Step 3: On the date of hearing, the court admits the petition and send a notice to the other party

Step 4: Then, date is given to assure the presence of both parties 

Step 5: After hearing, the court grants relief accordingly  


Hope it helps

Regards,

Sneha Jaiswal  

 


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