2.

Whether the act of respondent violates the fundamental right guaranteed under
article 21(14 &19) of the Indian constitution

It is humbly submitted before this Hon’ble Court that there is no violation of article 14,19 and 21 of the
constitution

The umbrella corporation and the puri-para state government does not violate the right to life
under article 21

The respondents humbly submit that koila devi power station is not the reason for causing detrimental
health impacts and endangering the quality of life under article 21 of the puri-para residents by the
continued operation of the power plant.

it has been held that the right to life includes assurance of all facilities to develop, including
electricity1. Indeed, this Hon’ble Court in Sundarrajan had described electricity to be “the heart and soul
of modern life”2. Thus, the respondents submit that the koila devi power station must be seen as
facilitating the right to life under Art.21 of the general public at large.

The petitioner has not shown about the poor air quality in the city and the risk of air pollution to
health

It is submitted that the Petitioner has approached the Court merely on the apprehension of the risk of air
pollution to health in the form of lung diseases, asthma, shortness of breath, etc.. there is nothing on
record to show that the residents of babu nagar have suffered or at risk of air pollution and its
consequences.

In the absence of any material to establish there relevant facts, it is submitted that this submission must
be dismissed at the outset.

1
Chameli Singh v. State of Uttar Pradesh, AIR 1996 SC 1051
2
G. Sundarrajan v. Union of India, (2013) 6 SCC 620
Article 19(1)(g)

The Supreme Court, while deciding the matter relating to carrying on trade of liquor in
Cooverjee B. Bharucha  Vs Excise commissioner, Ajmer3observed that, if there is clash between 
environmental protection and right to freedom of trade and occupation, the courts have to
balance environmental interests with the fundamental rights to carry on any occupations.
https://pib.gov.in/newsite/printrelease.aspx?relid=105411

3
(1954, SC 220)