Yes a public interest litigation can be filed but you have to set out the modalities and you have to show that the state government can achieve what you intend. It is within its economic capacity and is a practical solution.
Regards
Sir, I want to file a petition against CPCB ( Central pollution control board) to make PLASTIC COLLECTION POINTS mandatory in all industries. This will help us collect the plastic when it is clean. This makes plastic recycling easier. Can I file a Public interest litigation for this purpose? I have started an online petition on change.org website for this purpose. Will it be useful?? http://chng.it/p98StDSL
Yes a public interest litigation can be filed but you have to set out the modalities and you have to show that the state government can achieve what you intend. It is within its economic capacity and is a practical solution.
Regards
Can file in High court.
change.org has no enforceable power but only to recommend to particular ministry. And such directions are already passed by govt., now all it needs to be effectively implemented. Than can be possible through order of HC.
Do some homework before filling a PIL on some of the relavant issues.
Govt. Policy on plastic ban if any and its current status.
Feasibility of the proposed plan of the pIL.
Whether this is already covered by other pollution control measures taken by govt.
Nowadays high court and supreme court are imposing heavy penalties for flling PIL with sole intention to gain publicity or other vested interest.
So be careful in this regard.
You or your lawyer should justify the Bonafide purpose of filling the PIL, failing which you may face the wrath of the court.
See if you have done research on subject and yes indeed environment is important aspect.for.all you can file PIL before the high.court seeking direction for same.
Yes you can file PIL to raise this issue of plastic waste.
Change.org petition are not of much use these are just for mental satisfaction.
online petition have no legal effect, the signatures of hundreds or thousands people represent a moral and persuasive force which can initiate change in many different circumstances..
Dear Sir,
You have wonderful idea and you can go ahead by choosing any known and reputed advocate filing PIL 's
- Under the new Extended Producers’ Responsibility (EPR) Act., Producers and importers, who will introduce plastics in the market in the form of carry bags, multi-layered plastic sachets or for packaging purpose need to establish a system for collecting back the waste generated as a result of their products.
- Further, as per the Act, the Producers and impoters can work through their own distribution channels or through the local bodies.
- Hence your idea to make Plastic Collection Points for collecting the same, is a good step for controling the pollution as well.
- You can get the order on behalf after filing a PIL on the said issues
- Since, you have already started an online petition through your website for the said purposes ,hence there is possibllity to get judgement in your favour.