VITASTA SCHOOL OF LAW AND

HUMAINITES
NOWGAM, SRINAGAR

MOOT COURT MEMORIAL

NAME: - MUMIN AHMAD

SEMESTER: - BA.LLB 9TH SEM
SECTION: - B
ENROLLMENT NUMBER: - 16042125085
DATE OF SUBMISSION: - 06-03-2022

MEMORIAL ON BEHALF OF APPEALANT

 BEFORE
THE HONOURABLE COURT OF BRAHMA

IN THE MATTER OF

ALERT INDIVA & ORS…………..……APPELLANT

Vs

STATE OF BRAHMA & ORS..…………RESPONDENT

MEMORIAL ON BEHALF OF APPELLANT

TABLE OF CONTENTS
STATEMENT OF JURISDICTION
TABLE OF CONTENTS

LIST OF ABBREVATIONS

BOOKS AND WEBSITES REFERRED

STATEMENT OF JURISDICTION

STATEMENT OF FACTS

STATEMENTS OF ISSUES

SUMMARY OF ARGUMENTS

ARGUMENTS ADVANCED

PRAYER

LIST OF ABBREVIATIONS
1. AIR All India Reporter
2. i.e., That is
3. SCC Supreme Court Cases
4. Govt. Government
5. Ltd. Limited
6. No. Number
7. Ors. Others
8. Hon`ble Honorable
9. SC Supreme Court
10. CrPC Code of Criminal Procedure

BOOKS AND WEBSITES REFERRED

Books
Constitution on India By P.M. Bakshi
Bare Act of Constitution

Websites
https://www.scconline.com/Members/SearchResult.aspx

https://www.casemine.com/search/in

Cases used

• R. Prakash Vs The Govt. of Tamil Nadu Ors 2016 SCC

OnLine Mad 15634
Patel Kanjibhai Natthubhai Vs.Collector of Mehsana
2011 SCC OnLine Guj 6361
• Col. AS. Sangwan v. Union of India

STATEMENT OF JURISDICTION
THE APPELLANT HAS FILED THE PIL & HUMBLY APPROACHES
THE HON'BLE HIGH COURT UNDER THE ART.21, 226 & 227 OF
CONSTITUTION OF INDIVA, 1950.

In which the followings are:

Art. 21 :

Protection of Life & Personal Liberty. It states that "No person shall be deprived
of his life or personal liberty except according to a procedure established by law."
Thus, Art.21 secures two rights: Right to life, &. 2) Right to personal liberty.

Art. 226:

Empowers the high courts to issue, to any person or authority, including the Govt.
(in appropriate cases), directions, orders or writs, including writs in the nature of
habeas corpus, mandamus, prohibition, quo warranto, certiorari.

Art. 227:

Power of superintendence over all courts by the HC

(1) Every High Court shall have superintendence over all courts & tribunals
throughout the territories in relation to which it exercises jurisdiction.

(2) Without prejudice to the generality of the foregoing provision, the High Court
may-

(a) Call for returns from such courts;

(b) Make & issue general rules & prescribe forms for regulating the practice &
proceedings of such courts; &

(c) Prescribe forms in which books, entries & accounts shall be kept by the officers
of any such courts

(3) The High Court may also settle tables of fees to be allowed to the sheriff & all
clerks & officers of such courts & to attorneys, advocates & pleaders practising
therein:
Provided that any rules made, forms prescribed or tables settled under clause (2) or
clause (3) shall not be inconsistent with the provision of any law for the time being
in force, & shall require the previous approval of the Governor.

(4) Nothing in this Art.shall be deemed to confer on a High Court powers of

superintendence over any court or tribunal constituted by or under any law relating
to the Armed Forces.
STATEMENT OF FACTS

1. The State of BRAHMA is one of the States in Indiva. Due to wrath of nature the
state is facing an acute scarcity of water & the condition in major part of the state
is near to drought.

2. To meet this situation, the state of BRAMHA has taken a policy decision to
construct the number of dams in the State so that the rainy water could be
accumulated in the dams which would help in meeting the growing needs of water
for the purpose of drinking, agriculture & also for the industries. The Govt.is also
of the opinion that the accumulation water in the dams would held in recouping the
underground water level in the state.

3.One of such dams is to be constructed in a district which is more severely

affected. The construction of the dam would affect ten villages which are adjoining
to the location of the dam. The villagers have agriculture as their main occupation
&as a consequence of the water stored in the dam, their agricultural fields would
either be submerged or get water logged which would deprive them of their right to
livelihood. The state of BAMHA for the purpose of the construction of dam had
floated global tenders & one of the companies, Reliable Industries Ltd.has been
given a contract to construct a dam.

4.The reliable industries Ltd. For the purpose of construction of the dam had
applied for environment clearance to the Ministry of Environment & Forest for the
purpose. Environment clearance has 0been given to the company on the ground
that the Govt. has an authority to do so in larger public interest.

5.The agriculturist in the village are also not in favor of the construction of the dam
Since they would be displaced from the I& where the dam is to be constructed &
Would be deprived of their livelihood.

6."Alert Indiva" is NGO which for the protection of environment in Indiva. "Älert
Indiva" which is fighting for the cause of environment has appealed to the Govt.
not to proceed with the construction of the dam since it would lead to An
environmental imbalance in the State. However the state of BRAMHA
isdetermined to proceed with the construction of Dam in public interest.
7."Alert Indiva" has therefore filed a petition under Art.226 &Art. 227 of the
Constitution of Indiva on the ground that the Environment Clearance Certificate
Granted is bad in letter & spirit of the constitution & against the national interest.
"Alert Indiva" has also taken the cause of the agriculture who are likely to be
Displaced & has submitted that the construction of the said dam is in violation of
Art.21 of the constitution of Indiva as regards right to life & Personal liberty of the
Agriculturists in the area.

the cause of the agriculture who are likely to be Displaced & has submitted that the
construction of the said dam is in violation of Art.21 of the constitution of Indiva
as regards right to life & Personal liberty of the Agriculturists in the area.
 STATEMENT OF ISSUES

1. Whether the Writ Petition filed under

Art.226 & Art.227 of the
Constitution of Indiva is Maintainable?
 SUMMARY OF ARGUMENTS

Whether the writ petition filed under art.226 and art.227 of the
constitution of Indiva is maintainable?

Yes, the Writ Petition filed under Art.226 and Art.227 of the

Constitution of Indiva is maintainable under the eyes of law. Art. 226 of

Indiva Constitution mentions power of High Courts to issue certain

writs. Any member of the public or social action group can plea for the

Writ Jurisdiction of the High Courts, under Art. 226, seeking redressal

against violation of legal or constitutional rights of persons who due to

social or economic or any other disability cannot approach the Court.

 ARGUMENTS ADVANCED
Whether the writ petition filed under art.226 and art.227 of the

constitution of Indiva is maintainable?

Council humbly like to mention that it completely maintainable under Art.226 and
227 i.e. "The power of the HC to issue writes under article 226 is wider than that of
the SC. It is not confined to fundamental rights, but extends to all cases where a
breach of right is alleged 1 and here the right of personal liberty is breached.
Art.226 also states about its maintainability i.e. 'If the respondents are not
employees of Govt. the writ would not be maintainable 2. And according to a case3
which says "that HC have the power to issue writ of Mandamus or any other
appropriate writ to direct the respondents not to dispossess the petitioner during
pendency, During the pendency and final disposal of this petition the respondents
may be direct not to take the possession till the suit is decided finally'. This also
makes the Petition maintainable.

1. The Constitution of India by P.M Bakshi year 2012 Page No. 211
2. The Constitution of India by P.M Bakshi year 2012 Page No. 213
3. Patel kanjibhai Natthubhai Vs. Collector of Mehsana 2011 SCC Online Guj 6361
 PRAYER
In light of the questions presented, arguments advanced and authorities cited
the counsel for the appellant most humbly and respectfully pray before this
Hon'ble Court, that it may be pleased to adjudge and declare that

a) That the Present Petition is maintainable as Public Interest Litigation and the
Writ Petition filed under Art.226 and Art.227 of the Constitution of Indiva is
Maintainable.

b) The High Court can interfere in any policy decision taken by the state of
Brahma.

c) The Displacement of the agriculturists amounts to violation of Art.21 of the

constitution of Indiva.

The Petitioner additionally prays that the Court may make any such order as
it may deem fit in terms of equity, justice and due conscience. And for this act
of kindness the Petitioner shall as duty bound ever humbly pray.

(Respectfully Submitted)

- Counsel on behalf of the Appellant.