BEFORE THE HON’BLE SUPREME COURT OF ASIA

PUBLIC INTEREST LITIGATION

1.The “Republic of “Asia” is an island in the Bian Sea. It has a lush topography. It is the tenth
largest country in the world with a land area measuring 21,30,500 square kilometres, one of
the fastest developing countries and the most populated country as well.

2. In February 2010, the government had proposed various developmental projects including
environmental projects in the country. It had constituted a Committee to control
Environmental hazards. In November 2010 the Committee had submitted its report
suggesting various recommendations including reduction of carbon emissions, construction
of sea walls and disaster management.

3.The committee recommended a revisit to the Disaster Management Program of the country
stressing on the need to remove industries from the coastline which were adding to the
pollutants and, to protect the fragile environment zones in the Country.

4. The economy of Asia suffered a huge setback in December 2019. In March 2019, a
powerful cyclone named “Voldemort” ravaged the coastline of Asia particularly the island of
Jharban. The island of Jharban was affected by severe floods , newly constructed Buildings
were washed away and people moved into the Asiana forests. The markings of the forests
were obliterated by the cyclone.

5. A PIL was filed by Ms. Mukherjea before the Hon’ble High Court of Asia. The Court held
that the authorities have to take steps immediately to strike a balance between providing a
place for people to live and protecting the mangrove forests which were of prime importance
to the Asiana forest.

6. Following the cyclone, the Asia Coordinated Research Committee (RCRC), a Central
Government accredited research institution reported an increase in sea water intrusion and
identified Jharban as a sinking island giving it a time of only 10 years. They advised the
government to relocate the population prevent deforestation. The government decided to
build sea walls that could protect the island for at least a decade.
7. The government invited tenders to construct sea walls and “Maraco International Ltd.
(MIL)” A company registered in the U.S. was selected; a construction site was set up in
Jharban at the beach to immediately begin construction activities.

8.Within a month of the site being set up, there were constant complaints of respiratory
problems on account of the dust and fumes emitted by the site by the people living in and
around residential areas. There were complaints of noise as well especially during night time.

9. In October 2020, the “Pro Bono Enviro Society” filed a PIL before the Supreme Court of
Asia against the Union of Asia and MIL with regard to with regard to-

1. violation of fundamental rights of the indigenous people of that particular area and

2. decentralisation of the environmental governance by Union of Asia as the Asia

Coordinated Research Committee (RCRC) overlooked the rights of the indigenous people of
that particular area and recommended for the construction of the sea wall.

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which have been listed for hearing on 26 and 27 of October 2021.

STATEMENT OF ISSUES

ISSUE I

Whether the Public Interest Litigation is Maintainable against Union of Asia and Maraco
International Ltd.

ISSUE II:
Whether Fundamental Rights of People have been violated.

ISSUE III:

Whether Union of Asia and Maraco International Ltd. can be made liable for environmental
degradation.