The duty of every citizen to protect and improve the natural environment, as provided in Article 51-A of the Constitution of India, and the concept of Public Interest Litigation (PIL) as a means to enforce public interest or general interest belonging to the public.

JUDGMENT

Rajeev Kumar Shrivastava, J. - This petition is preferred for public cause and has been treated as Public Interest Litigation, whereby public cause was raised to protect the environment from plastic carry bags.

2. The petitioner has sought relief of implementation of Plastic Waste Management Rules, 2016 (hereinafter shall be referred to as the 'Rules of 2016') in whole of State of Madhya Pradesh and has also prayed that respondents be directed to implement notification bearing No.F5-2-2015-18-5 dated 24.05.2017 in its letter and spirit in the State of Madhya Pradesh and in terms of said notification, prayed to ban production, transport, storage, sale and use of plastic carry bags/polythene. Further relief sought is to initiate imposition of fine against the wrong doers.

3. Respondent No.4 - Municipal Corporation, Gwalior has submitted through its return that all possible steps are being taken by the Municipal Corporation and Municipal Corporation is regularly seizing the carry bags from various fruit vendors, grocery shops, sweet shops and with the help of public they have spread message of 'Swaccha Bharat'. In support of its version, the Municipal Corporation has produced photographs before this Court.

4. Pollution Control Board and State in their return have submitted that the main responsibility is of the Municipal Corporation to meet these challenges and get the rules implemented.

5. The expression litigation means a legal action including all proceedings therein, initiated in a court of law with the purpose of enforcing a right or seeking a remedy. Therefore, lexically the expression PIL means a legal action initiated in a court of law for the enforcement of public interest or general interest belonging to public or a class of the community, whereby their legal rights or liabilities are affected. The basic definition of PIL in historical context is in which the commonality of the various forms of legal representation involving the basic and fundamental rights of a significant segment of the public demanding vindication of its rights has been recognised in various parts of the world.

6. Under Article 32, 51A and 136 of the Constitution of India, Rule of locus standi is not a rigid rule, rather, we can say, in defining the rule of locus standi in PIL no 'rigid litmus test' canbe applied since broad contours of PIL are still developing apace seemingly with divergent views on several aspects of the concept of this developing law and discovering jurisdiction leading to a rapid transformation of judicial activism with a far-reaching change both in the nature and form of the judicial process. The dominant object of PIL is to ensure observance of the provisions of the Constitution and law which can be achieved with permitting the cause of community and disadvantaged groups or public interest by representing a person, who is acting bonafide and having sufficient interest in maintaining an action for judicial redressal for public injury to put the judicial machinery in motion like ' actio popularis ' of Roman Law, wherein any citizen/person can bring such an action in respect of a public delict.

7. The scope of PIL has been enlarged and is being enlarged by the Supreme Court widely by relaxing and liberalising the rule of locus by treating letters or petitions sent by any person or association complaining violation of any fundamental rights and also by entertaining writ petitions filed under Article 32 by public-spirited and policy-oriented activists or by any organisation.

8. The present petition is filed as Public Interest Litigation. The concept of 'Public Interest Litigation' (PIL) is in consonance with the principles enshrined in Article 39A of the Constitution of India to protect and deliver prompt social justice. Prior to the year 1980, the locus standi was prominent in India Judicial System and only aggrieved party would approach to the Courts of justice. After the emergency era, the High Court reached out to the pe