Civil Procedure Code (CPC)

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 4 Replies

Shubham Bhardwaj (Practice)     22 July 2021

Dear Ms Sampada, 

Yes you can file PIL Public Interest Litigation Against a Hospital. However, the PIL has to be genuine and not a tool for revenge. The cause should have had to effect public at large. Generally PIL's are dismissed for being filed as a proxy litigation. A PIL is filed in High Court as a Writ Petition. 

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance. 

1 Like

Kevin Moses Paul   22 July 2021

As per your query, let me tell you that a PUBLIC INTEREST LITIGATION (also known as PIL) can be filed only against a State / Central Govt., Municipal Authorities, and not any private party.
However, a "Private party" can be included in the PUBLIC INTEREST LITIGATION as "Respondent", after making concerned state authority, a party.

For Instance, if there is a Private factory in Delhi, which is causing pollution, then people living nearly, or any other person can file a PUBLIC INTEREST LITIGATION against:-
(a) Government of Delhi,
(b) State Pollution Control Board, and
(c), Also against the private factory.

In addition to this, it's important to remember that a PUBLIC INTEREST LITIGATION can not be filed against the Private party alone, until and unless the concerned state Govt. /, and state authority has to be made a party.

Hope It Helps

Regards
Kevin M. Paul
1 Like

Shubham Bhardwaj (Practice)     22 July 2021

Dear Ms Sampada, 

I agree with learned expert Sh. Kevin Moses Paul however there is one thing that I would like to add.

A PIL can be filed against a PRIVATE PARTY also if that private party is performing public functions and as per my opinion health is a public function. The ambit of judicial review powers of a Constitutional court have been expanded in India over the period of time. Further, as rightly stated by learned expert Sh  Paul, it is better if you would made Health Department also as a Respondent. The involvement of concerned Govt department in such matters are important. 

 

Regards

Shubham Bhardwaj (Advocate) 

Disclaimer:- Opinion is only for guidance. 

1 Like

SAMPADA AGGARWAL   23 July 2021

Thankyou for your guidance 😊


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