HOW TO DRAFT A PIL RELATED TO ANY PUBLIC ISSUE

PIL

Due to the unpleasant odour of the nearby situated BBP Hospital, which is not properly maintained, it is causing health hazards to the natives who are present nearby. The massive, unbearable, irritating smell has made people suffer from hazardous diseases, and children are severely facing respiratory problems. Therefore, some of the residents want to file a writ petition as a PIL seeking direction to maintain the hospital in proper condition, keep the surroundings neat and clean, and pay compensation to the sufferers.

Suppose the BBP hospital is situated in Bengaluru. Then, file a writ petition before the High Court of Karnataka, Bengaluru.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

(Writ Petition (Public Interest Litigation) under Article 226 of the
Constitution of India.)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

(Original Jurisdiction)

W.P. NO.         /2025 (PIL)

BETWEEN

1. ABC,
   D/O PQR,
   Aged about 30 years,
   R/AT ________,
   Bengaluru,
   Karnataka-560072                    …………                    PETITIONER NO.1
2. XYZ,
   S/O IJK,
   Aged about 32 years,
   R/AT _______ ,
   Bengaluru,
   Karnataka-560072                    …………                    PETITIONER NO.2

AND

1. The Chief Secretary,
   (Karnataka Government)
   Bengaluru,
   Karnataka-560001                    …………                    RESPONDENT NO.1
2. BBP’s Special Commissioner
   (Health)
   Bengaluru,
   Karnataka                                  ………….                   RESPONDENT NO.2
3. The Superintendent,
   BBP Hospital,
   Bengaluru,
   Karnataka                                  …………..                   RESPONDENT NO.3

MEMORANDUM OF WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

The Petitioners above named most humbly submit as follows: –

1. It is submitted that the Petitioners are permanent residents of the address stated in the cause title and are also income tax assesses. The Petitioners are law-abiding citizens, concerned with issues affecting public health and environmental hygiene in their locality.
2. It is submitted that the Petitioners are filing this writ petition in the nature of a Public Interest Litigation (PIL), as the grievance raised herein is not of a private or personal nature, but pertains to the larger interest of the public at large, especially residents living in the vicinity of the BBP Hospital.
3. It is submitted that the Petitioners seek leave of this Hon’ble Court to file a common writ petition by paying a consolidated court fee of Rs. 250/- (Rupees Two Hundred and Fifty only), as the relief sought herein is common and identical for the Petitioners.
4. It is submitted that the Respondents are operating a hospital under the BBP (hereinafter referred to as the “Hospital”), located within the Petitioners’ locality. Due to the persistent and unpleasant odour emanating from the said Hospital, which remains in a state of poor maintenance, serious health hazards are being caused to the residents. The foul, intolerable stench has led to the spread of various communicable diseases, with children being the worst affected—suffering from severe respiratory problems and other health issues.
5. It is submitted that for the past one year, several newspapers and media outlets have highlighted the deplorable condition of the Respondents’ Hospital and the health hazards faced by nearby residents. These reports demonstrate that the issue is not isolated or newly arising, but a continuing public concern that has received widespread attention. Copies of the relevant media reports are annexed herewith and marked as ANNEXURE-A.
6. It is submitted that despite extensive media coverage and the escalating severity of the problem, the Petitioners and other residents have repeatedly requested that the Respondents take remedial action and submitted a written notice to them on 09.07.2025, specifically calling upon them to address the unhygienic conditions at the Hospital immediately. However, the Respondents have failed to take any appropriate action in response. A copy of the said notice is annexed herewith and marked as ANNEXURE‑B.
7. It is submitted that as a direct consequence of the Respondents’ continued inaction, many residents—especially children—have suffered from serious health issues, including respiratory ailments. Medical treatment has been necessitated in numerous cases, and supporting bills and documents evidencing the health impacts are annexed herewith and marked as ANNEXURE-C.
8. It is submitted that the State has a primary duty to safeguard the health of all its citizens. However, the State has failed in that duty and acted negligently by omitting to take remedial steps to redress the issue. Aggrieved by the same, the Petitioners are left with no other efficacious remedy but to approach this Hon’ble Court seeking necessary relief.
9. Except for the submissions made above, the Petitioners have not instituted any other writ petition or proceeding on the same cause of action before this or any other forum

GROUNDS

10. The Respondents’ failure to maintain hygienic conditions at the Hospital has resulted in health hazards and environmental pollution, violating the Petitioners’ fundamental right to life under Article 21 of the Constitution. This includes the right to a clean and healthy environment, as recognized by the Hon’ble Supreme Court.
11. The Respondents have neglected their statutory duties under municipal and environmental laws, including the Environment (Protection) Act and Bio-Medical Waste Management Rules. Despite prior notice and media coverage, no corrective action has been taken, resulting in a public nuisance and administrative inaction.
12. The inaction of the Respondents also violates Article 47 of the Constitution, which imposes a duty upon the State to raise the level of nutrition, improve the standard of living, and promote public health. Though part of the Directive Principles of State Policy, these constitutional mandates form the basis for responsible governance and have been judicially recognized as essential for interpreting the scope of fundamental rights.
13. Failure of the Respondents, residents have suffered medically and financially, establishing the Petitioners’ entitlement to compensatory relief and judicial intervention to safeguard their constitutional and legal rights.

PRAYER

WHEREFORE, the Petitioners most humbly pray that this Hon’ble Court may be pleased to:

1. Pass a writ of mandamus directing Respondent No. 3 to immediately carry out a time-bound sanitation and maintenance drive of the hospital premises and its surroundings, to abate the foul odour and public nuisance.
2. A directive that Respondents No. 1, No.2, and No. 3 ensure full compliance with the Bio‑Medical Waste Management Rules and the Environment (Protection) Act, 1986, including proper segregation, storage, and disposal of hospital waste.
3. An order constituting an independent expert committee to assess health damages to affected residents and award just compensation.

Grant any other relief that this Hon’ble court may deem fit in the interest of justice and equity.

Place: Bengaluru

Date:                                                                  ADVOCATE FOR PETITIONERS