Public interest litigation cannot mask private business motives when invoking Article 32 for environmental protection.

Article 32 can be invoked for environmental protection because the right to life under Article 21 includes pollution-free water and air, but only where the petition is brought in genuine public interest by affected persons or bona fide public-spirited litigants. A proceeding filed as a cloak for private vendetta or commercial advantage is an abuse of that extraordinary jurisdiction. On the materials, the pleadings and surrounding circumstances showed that the petitioner sought access to slurry for his own business interest and used the case to pressure the company, while regulatory steps were already being taken to control effluent discharge. The petition was therefore not bona fide and was liable to be dismissed.

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Issues: Whether a petition under Article 32 seeking prevention of water pollution was maintainable when the surrounding facts showed that it was filed to advance the petitioner's personal interest rather than a genuine public interest.

Analysis: Article 32 is an extraordinary remedy for enforcement of fundamental rights, and the right to life under Article 21 includes the right to enjoy pollution-free water and air. A petition invoking that jurisdiction for environmental protection can be maintained by affected persons or genuinely interested public-spirited persons. However, public interest litigation cannot be used as a cloak for private vendetta or commercial advantage. On the materials before the Court, the pleadings and surrounding circumstances showed that the petitioner was seeking to secure access to slurry for his own business interest and was using the proceeding to pressure the company. The State Pollution Control Board had also taken steps to monitor and control effluent discharge, weakening the allegation of continuing public harm.

Conclusion: The petition was not a bona fide public interest proceeding and was liable to be dismissed as an abuse of the jurisdiction under Article 32.

Ratio Decidendi: A petition under Article 32 alleging environmental harm is maintainable only when brought in genuine public interest to enforce fundamental rights, and not when it is used to pursue a private grievance or commercial interest under the guise of public interest litigation.

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