How to File a Writ Petition / Public Interest Litigation

A Public Interest Litigation (PIL) is a petition that can be filed by any member of the public for any matter of public interest, for redress of public wrong or injury. In cases related to forced evictions, any affected person may approach a lawyer to submit a petition in state high courts or lower courts for any injury caused as a result of such evictions.

A Writ Petition may be filed by an aggrieved person(s) to seek legal remedies for violation of fundamental rights. According to the Constitution of India, the petition can be filed under Article 226 before a High Court or under Article 32 before the Supreme Court of India.

Steps to be taken for filing a Writ Petition / PIL:

• Approach a public interest lawyer or organization to file the case.
• Collect necessary documents such as title deeds, proof of residence, identity proof, notice, resettlement policy if any, and photographs of the eviction.
• List names and addresses of all aggrieved parties approaching the court.
• List names and addresses of government agencies from which relief is sought.
• List facts giving rise to violations of Fundamental Rights.
• List dates indicating the duration of stay at the site, when the eviction took place, when and if an eviction notice was provided, and other important details related to the eviction.
• Clearly mention the 'prayers' or the relief being sought from the court.