``Leave apart the public interest litigations, I feel that any kind litigation itself is not desirable. If any pattern of litigation assumes importance, it is not a healthy symptom. It badly reflects the ills of the social conditions,'' Justice Desai said.

The senior judge of the Bombay High Court was addressing the students of the K C Law College on growth and importance of public interest litigations in the country recently.

Justice Desai pointed out that in India, public interest was always neglected owing to poor legislative activities and failure of the administration to implement the legal provisions. Under such circumstances, when public interest litigation became a social necessity, the judicial administration could not pioneer PIL, which is broadly considered as amovement of judicial activism, he added.

``Firstly, it emerged in the United States. Thereafter, following 42nd amendment to the consituttion, by which states were directed to promote equal opportunities for justice, PIL could get a grounding in India. The court now should verify whether PIL is legitimate, represents common cause and whether it will have serious repercussions if judicial intervention is not granted,'' he said.

Justice Desai said that while environmental degradation has further fortified the public interest litigations, there is a growing misinformation that PIL is equal to judicial activitism. ``I feel, that is not the case, as it is merely a judicial non-formalism,'' he added.

The judge further observed that judiciary being non-formal, it is losing the character of impartiality since while dealing with PIL, it has identified itself with a cause. Moreover, through PIL, the judiciary is assuming the role of an administrator and trying to spread `judicial imperialism'.

Tracing thehistory of litigations, Justice Desai said litigation was not considered as socially desirable since the judiciary was being looked as a feudal institution. After the 1917 Russian revolution, collective bargaining entered the process of industrial adjudication. Thereafter, representative suits were filed under the Civil Procedure Code, however, they never had the character of public interest litigations.