Locus Standi - Public Interest Litigation - Affects a group of people - Malafides- Politicians -
Pollution by stone crushing units near village causing pollution. Crushers were not shifted to safe places despite directions of SC and issuance of notification by the State Govt. PIL filed to safeguard the health of the citizens. PIL should not be dismissed for nor approaching the State Govt before filing petition.
The question of locus Standi of public interest litigation would not be material, if the impugned action is violative of any of the fundamental rights, or the action complained of is palpably illegal or Malafides and affects the group of persons who are not in a position to protect their own interest on account of poverty, incapacity, or ignorance of law, or that such person or group of persons is not busy body or meddlesome inter-lopper and have not approached with Malafides intention of vindicating their personal grievance or that the public interest litigation was not being abused by politicians or that the State action was being tried to be covered under the carpet and intended to be thrown out of technicalities; and the person approaching the court has come with clean hands, and the court must be satisfied that its forum was not being misused by any unscrupulous litigant.
[Iswar Singh v. State of Haryana. AIR 1996 P & H. 30. R.P.Sethi & S.Sudhakar{J&J} ]