DAMODARAM SANJIVAYYA NATIONAL

LAW UNIVERSITY
VISAKHAPATNAM, ANDHRA PRADESH, INDIA

NAME OF THE STUDENT

MOHAMMED MINHAJ NAZEER

ROLL NO.:20LLB063
SEMESTER:4
EXEMPTION SOUGHT ON: CR.P.C
 EXECUTIVE SUMMARY

This is to inform you we as a team of three participated in the 1 ST KLA International

Mediation Competition, 2022.The debut competition was organized by Alternative Dispute
Resolution Forum of Kerala Law Academy, Thiruvananthapuram, Kerala. This mediation
competition is dated from 23rd March to 25th March, 2022.It was an international competition
with equal participation of national and international candidates. The time schedule was from
8am to 8pm.I participated as the mediator. The competition had one problem for multiple
preliminary rounds. And then directly into the finals.

Preliminary round one problem.

Ben teaches microbiology at Amritha International University. Elissa is a graduate assistant

in the same department and from UK. They have been working on a project that, if
successful, will yield many publication opportunities. Elissa is excited about the publication
aspect of her research since she hopes to teach at a university. Having conducted a great deal
of the actual experiments, she feels confident she will be cited as the co-author in any
publication dealing with their research. Imagine her surprise when she read the departmental
newsletter and realized that an article about their research hardly mentioned her name. Ben,
however, was mentioned repeatedly as the principal investigator and sole author of any
resulting papers. After several visits to Ben’s office, the department head’s office, and the
dean’s office, with no satisfactory results, Elissa decided to contact a member of the
alternative dispute resolution committee

This problem mainly dealt with the credit of publication between the professor and her
assistant.

The interests of the requesting party of the first preliminary round were as follows:

1. To give equal credit for the publication

2. Since the requesting party had trauma, they asked for compensation of 60,000.

In the joint session of the first preliminary round the requesting party was sticking towards
the work input. Hence, initially they were sticking to the credit sharing of the publication. But
the opposite party contended the work inputs did by Elissa the respondent. The main
contention was that Elissa was just another student of Ben in a usual project. When asked
about the pre agreement there is no such agreement between them, it was completely oral.
The opposite party denied the compensation and offered a certificate of appreciation rather
than an authorship.

Elissa and counsel were sticking to authorship. In the private caucus the opposite party
mentioned regarding certificate of participation aka appreciation. The information in private
caucus was disclosed to the requesting party.

The requesting party didn’t approach for a caucus session. Finally, the opposite party agreed
to the request to give half compensation amount and an appreciation certificate. Also adding
to it the parties agreed for a future collaboration in publication. Apart from the legal
consequences of the issue the parties shared a mutual student-teacher bond.

Preliminary round two problem.

Pumba is an island city, famously known as the Financial Capital of Indiana. In the late 90s,
owing to the flourishing trade, commerce and immense business opportunities, the city
witnessed large scale migration from all parts of the country. The Pumba City Development
Authority realized that the migration of people was not going to stop anytime soon and hence
set up an Infrastructure Committee called as City Planning Council (CPC) to plan out the
expansion of the city. CPC put forward a proposal to set up the existing planned region of
New Pumba. Since a long time, the New Pumba region was occupied by a community called
Algari. CPC has developed New Pumba in nodes and each node was an erstwhile village
wherein members of Algari community resided. The ancestral tranches of land owned by
various members of the Algari community were taken over by CPC, who assured them 12.5%
more area of substituted land. It went on to acquire lands of the residents/owners/landlords
who had documents asserting their ownership. In lieu of their lands the Displaced Algaris
(“DIAL”) were leased lands in and around Graveli area. The main development was done by
CPC, who in turn leased these part of lands to builders and developers and this acted as the
source of revenue for CPC. Pumba has witnessed major developments over the years. But
with time, the lack of availability of land for expansion has stalled and hampered
rejuvenation of existing infrastructure to keep up with the development around the world. The
major cause of concern was the expansion of the existing Pumba International Airport and
hence the authorities decided to develop one of the World’s biggest International Airport and
Cargo Hub having state of the art facilities. The location of the project was zeroed down to
New Pumba keeping in mind the availability of land and its planned Infrastructure. CPC had
a limited time period of five years to finish the project but it has been under way for the last
20 years because some or the other DIAL files a case in the court and brings a stay order
against CPC. It has borrowed millions from the State Government and is now grasping at
straws. They are being pressured to accelerate the project by the State Government. The main
objective is to finish the project at the earliest otherwise CPC will be defunded and dissolved.
The DIAL whose lands were acquired for the proposed new airport have not been
rehabilitated till date and the second generation of DIAL are still waiting to get their share of
substituted lands. Moreover, the DIAL families are really suffering because they used to
cultivate land, fish, raise cattle and CPC took their livelihoods away. They do not have a
steady source of income after being displaced and hence they are agitated. Since their
constant pleas for a permanent remedy fell on deaf ears, the DIAL resorted to protests outside
the offices of CPC. On the third day of the protest, the local police got involved to diffuse the
situation. The police allegedly used tear gas and fired pellet guns. Although there were no
deaths reported, five people of the community were left severely injured. This garnered
media attention and the media has since been broadcasting the conflict through the eyes of
the DIAL. This has led to CPC losing their credibility and has raised concerns about this
incident affecting their current and future projects. Analyzing the worsening situation and
experiencing a stalemate in their development plans, the officers of CPC have invited the
representatives of DIAL for a mediation session to discuss fruitful solutions to their
problems. CPC will be represented by the Chief Officer of CPC and their counsel, while
DIAL will be represented by a representative of DIAL and their counsel.

The interests of the requesting party of the second preliminary round were as follows:

1. To compensate for the injuries, they had.

This mediation round was a failure as both the parties were not ready for a conclusion.