CAN AN ACTION BROUGHT BY PRIVATE INDIVIDULS BE REGARDED AS PUBLIC INTEREST LILIGATION?
The Indian Supreme Court in United India Insurance Co. Ltd v. Dharmasinhbhai Gajera (2008) 10 SCC 404 observered, “The action was brought by private individuals. The writ petition, however, had wider ramifications. They would not only affect the writ petitioners, but also others who would be similarly situated. Such cases may not be dealt with as individual cases. In appropriate case, such litigation may be regarded as public interest litigation. Even if it is not so regarded, the High Court may consider the same to be “public law litigation”.
The Indian Supreme Court in United India Insurance Co. Ltd v. Dharmasinhbhai Gajera (2008) 10 SCC 404 observered, “The action was brought by private individuals. The writ petition, however, had wider ramifications. They would not only affect the writ petitioners, but also others who would be similarly situated. Such cases may not be dealt with as individual cases. In appropriate case, such litigation may be regarded as public interest litigation. Even if it is not so regarded, the High Court may consider the same to be “public law litigation”.
