THE UNIVERSITY OF BURDWAN

DEPARTMENT OF LAW

NAME – NILANJANA SARKAR

ROLL NO. – BUR 2019/701/33

SEMESTER – VI

SUBJECT – MOOT COURT EXERCISE AND INTERNSHIP

PAPER – 3.6.6
 CONTENTS
Topic:- Page
I. Moot Court Problem 1 – Written Submission for Plaintiffs 1
II. Moot Court Problem 1 – Written Submission for Defendants 16
III. Moot Court Problem 2 – Written Submission for Plaintiff 29
IV. Moot Court Problem 2 – Written Submission for Defendant 40
V. High Court Project (Jurisdiction, Powers, Functions) 49
VI. High Court Project (Article) 53
VII. Internship Diary 59
VIII. Internship Certificate 60
 Page|1

WRITTEN SUBMISSION ON BEHALF OF THE PLAINTIFFS

Before

THE HONOURABLE CIVIL JUDGE

CIVIL COURT OF RAJEESTHA, RAJEESTHA

2021

TRIAL UNDER SECTION 9 r/w ORDER I, RULE 1 AND RULE 3 OF THE CODE
OF CIVIL PROCEDURE, 1908

IN THE MATTER OF:

VIKAS & TEENA............................................................................................PLAINTIFFS

V.

HAJI ZINC LTD. & RAJI SILVER CHEMICALS LTD......................DEFENDANTS

WRITTEN SUBMISSION ON BEHALF OF THE PLAINTIFFS

 Page|2

STATEMENT OF FACTS

For the sake of brevity and convenience of the Hon’ble Court, the facts of the present case are
summarized as follows:

 In a small village, Bagida, in the state of Rajeestha, there were only 100 houses and 450 residents all of
whom were poor farmers who depended on the waters of a River Saakshi to meet their irrigation needs.
 Bagida was home to quite a number of chemical industrial plants, particularly two industries, Haji Zinc
Ltd. and Raji Silver Chemicals Ltd. which had been in operation at Bagida for over 10 years since
2011.
 Besides causing other kinds of pollution, Haji Zinc Ltd. and Raji Silver Chemicals Ltd. had also
continued to release their untreated effluents into river Saakshi.
 Both Haji Zinc Ltd. and Raji Silver Chemicals Ltd. realized their potential to market chemicals for
meeting export demands and thus increased their production by three times.
 Both these industries started producing oleum together with a single super-phosphate, without
intimating anyone.
 Haji Zinc Ltd. had a waste-treatment plant installed but did not operate it regularly owing to irregular
supply of electricity. Raji Silver Chemicals Ltd. did not have any such treatment unit to start with.
 Most of the families in the village had someone from the family working at one of these two industries
and that was how they supplemented their meagre household income earned from farming.
 On 01.03.2022, Shyam, a worker in Haji Treatment Plant, while talking on his mobile phone,
accidentally slipped and fell into an industrial container brewing sulphuric acid. He was not wearing any
protective gear.
 The exact sequence of event was not disclosed by the industry when handing over the charred body of
Shyam to his father Vikas. Vikas was too overcome with grief to be able to think about any legal
recourse.
 In the meantime, villagers started reporting instances of varied gastric ailments. One village, Teena,
wondered if it was because of the contaminated water of river Saakshi that they had been drinking for a
long time.
 Vikas and Teena want to seek justice for the death of Shyam and the falling health of the villagers of
Bagida. The present case is now before the Hon’ble District Judge, Rajeestha Rural District, Rajeestha
for Final Arguments.
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QUESTIONS PRESENTED

The following questions are presented before the Hon’ble Court for adjudication in the instant matter:

I. WHETHER HAJI ZINC LTD. IS RESPONSIBLE FOR SHYAM’S DEATH?

II. WHETHER HAJI ZINC LTD. IS NEGLIGENT IN PROTECTING ITS WORKERS?

III. WHETHER ACCUSED INDUSTRIES HAVE ABIDED BY REQUISITE STATUTORY

STANDARDS AND ENVIRONMENTAL SAFEGUARDS?

IV. WHETHER ACCUSED INDUSTRIES HAVE CONTAMINATED RIVER SAAKSHI?

V. WHETHER ACCUSED INDUSTRIES ARE RESPONSIBLE FOR THE FAILING HEALTH OF

THE VILLAGERS OF BAGIDA?
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SUMMARY OF ARGUMENTS

I. ACCUSED INDUSTRIES ABSOLUTELY LIABLE FOR HAZARDOES ACTIVITIES.

Firstly, accused industries were engaged in producing oleum which is a hazardous and inherently
dangerous chemical, i.e., a chemical that is likely to do mischief if it escapes.
Secondly, accused industries carrying on such dangerous activities for private profit have a social
obligation to compensate those suffering as a result and absorb such loss as a part of their overheads.
Thirdly, accused industries had the resources to trace such hazards and protect their villagers therefrom,
unlike the villagers who did not have any such resources.

II. VIOLATION OF STATUTORY REGULATIONS AND SUPREME COURT MANDATES.

Firstly, no Consent to Operate (CTO) was obtained by the accused industries before starting the
production of oleum and SSP.
Secondly, both accused industries broke Supreme Court mandates that require industries to have a fully
operational effluent treatment plant before going into operation. Haji Zinc Ltd. did not operate their
waste treatment plant despite having one while Raji Silver Chemicals Ltd. did not have a waste
treatment plant at all.

III. POOR WASTE MANAGEMENT BY ACCUSED INDUSTRIES RESPONSIBLE FOR

GASTRIC AILMENTS IN VILLAGERS.
Firstly, apart from causing other types of pollution as well, the accused industries have been
discharging their untreated effluents into River Saakshi ever since 2011, thus choosing to contaminate
the river water despite having the resources to avoid it.
Secondly, prolonged consumption of contaminated water can cause various gastric ailments and the
villagers have been using the river water for the purposes of irrigation as well as drinking for a long
time.

IV. HAJI ZINC LTD. RECKLESS IN PROTECTING ITS WORKERS.

Firstly, storage of sulphuric acid at a plant that deals with an irregular supply of electricity and thus
reduced visibility is highly risky and irresponsible, especially since sulphuric acid is a colourless,
odourless chemical that is difficult to detect.
 Page|5

Secondly, since sulphuric acid tanks are stored away from sunlight and in relative darkness, they need
to be covered all the time to avoid accidents except when being cleaned or tested. That Shyam fell into a
tank of sulphuric acid implies that the tank was uncovered.
Thirdly, no proper protocol was followed by the accused industries for producing oleum and single
superphosphate (SSP), including the safety precautions mandated by the Manufacture, Storage and
Import of Hazardous Chemical Rules, 1989. These precautions include using proper warning signs
around hazardous chemicals to alert workers, informing them about the presence of such chemicals,
educating them on all personal safety precautions, etc.

V. HAJI ZINC LTD. RESPONSIBLE FOR SHYAM’S DEATH.

Firstly, being a worker at the Haji Treatment Plant, Shyam was equally subjected to all the negligence
of the accused in protecting its workers.
Secondly, prolonged exposure to sulphuric acid may cause dizziness. It is also reasonably believable
that Shyam could have been suffering from gastric ailments like the other villagers. So, exposure to
sulphuric acid together with gastric ailments was most likely to have caused serious dizziness that made
Shyam slip and fall.
Thirdly, the exact sequence of events was not disclosed by the industry which indicates foul play and
guilty conscience on their part.
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PLEADINGS AND AUTHORITIES

I. ACCUSED INDUSTRIES ABSOLUTELY LIABLE FOR HAZARDOES ACTIVITIES.

It is humbly submitted before the Hon’ble Civil Court that the accused industries Haji Zinc Ltd. and
Raji Silver Chemicals Ltd. (hereon referred to as “accused industries” unless being referred to
individually) are absolutely liable to the people of Bagida for the hazardous activities that they carry on
in their premises. This is because of their engagement in the production of oleum which is a hazardous
and inherently dangerous chemical, i.e., a chemical that is likely to do mischief if it escapes. Such
dangerous activities were being carried on for private profits, which means, they had a social obligation
to compensate those suffering as a result and absorb such loss as a part of their overheads. Moreover,
the accused industries had the resources to trace such hazards and protect their villagers therefrom,
unlike the villagers who did not have such privilege.

A. ACCUSED INDUSTRIES ENGAGED IN PRODUCING OLEUM.

Since oleum and sulphuric acid are both identified in India as “hazardous and toxic chemicals”, the
doctrine of absolute liability applies to all chemical industries that use them in their operations. As held
by the Supreme Court in M.C. Mehta V. Union of India,1 an enterprise engaged in a hazardous or
inherently dangerous industry which threatens the health and safety of the people who work in the
factory or reside in the surrounding areas has an “absolute and non-delegable” duty to the community to
ensure that no harm is caused to anyone by reason of the hazardous or inherently dangerous nature of
their activities. Unlike in the case of strict liability propounded in Rylands V. Fletcher,2 there are no
exceptions to absolute liability on account of plaintiff’s own default or consent, Act of God, act of third
party, or statutory authority. Also, the dangerous chemicals – in this case, oleum and sulphuric acid – do
not need to have “escaped” as required to attract strict liability. Thus, the sole production of oleum and
sulphuric acid within the factory premises makes the accused industries absolutely liable for any harm
caused to anyone inside or outside the factory premises.

B. BUSINESS CARRIED ON FOR PRIVATE PROFITS BEGETS SOCIAL

RESPONSIBILITY.

1
(1997) 2 SCC 353.
2
(1868) LR 3 HL 330 (HL).
 Page|7

The accused industries have been operating in Bagida since 2011, i.e., for ten years. The purpose of
their operations has always been to generate private profits. Soon they realized they had a huge potential
to market chemicals to meet export demands. For this, they increased their production three-folds.
While there is nothing wrong with industries working for private profits, they also have a social
obligation to compensate the people who suffer as a consequence of the dangerous activities that these
industries carry on to generate such private profits. It is their responsibility to absorb such compensation
as a loss and club it with their cost of production. In the Shriram Food and Fertilizer case,3 the Supreme
Court had ordered a company that manufactured hazardous and lethal chemicals and gases that posed a
huge risk to the health and life of the people who worked or lived nearby to not reopen until they had
taken all necessary safety measures. The accused industries deal in hazardous chemicals that pose a
serious threat to the life and health of the people around. So, they cannot expand their operations, no
matter how profitable it might prove to be for them, unless they parallely secure the safety of the people
and the environment.

C. ACCUSED INDUSTRIES HAD REQUISITE RESOURCES TO PREVENT HAZARDS

UNLIKE THE VILLAGERS WHO WERE POOR.

One of the main reasons behind propounding the doctrine of absolute liability was the resources
available to an enterprise to guard against the dangers that normal people wouldn’t be able to afford.
The people of Bagida were poor farmers who had to work at the factories of these industries as well in
order to supplement their meagre income from farming. They were far from being affluent enough to
afford the resources that were required to guard against the pollution caused by the accused industries.
So, they didn’t have an option but to drink the contaminated water of River Saakshi for a long time
instead of installing water-purifying systems at their houses. But the accused industries had water
treatment plants to keep their effluents from contaminating River Saakshi. It was held in Subhas Kumar
V. State of Bihar,4 that right to life under Article 21 included the right to enjoy pollution free water and
air. So, the accused industries were absolutely liable to the villagers for providing them with a clean
environment with clean water.

II. VIOLATION OF STATUTORY REGULATIONS AND SUPREME COURT MANDATES.

3
M.C. Mehta V. Union of India, (1986) 2 SCC 176.
4
AIR 1991 SC 420.
 Page|8

The accused industries did not obtain any Consent to Operate (CTO) before starting the production of
oleum and single superphosphate (SSP). Moreover, both accused industries broke Supreme Court
mandates that require industries to have a fully operational effluent treatment plant before going into
operation. Haji Zinc Ltd. did not operate their waste treatment plant despite having one while Raji
Silver Chemicals Ltd. did not have a waste treatment plant at all.

A. CTO NOT OBTAINED FOR MANUFACTURE OF NEW PRODUCTS.

As u/s 25(1)(a) of the Water (Prevention and Control of Pollution) Act, 1974, an industry has to obtain
the prior consent of the State Board before they establish any additional “industry, operation, or
process” that is likely to discharge sewage or effluents into a water body. The State Board may grant
such consent or refuse it or agree to grant it on appropriate conditions, but only for a certain period. 5
This is known as a CTO, i.e., Consent to Operate. It is in the nature of a No Objection Certificate that
the State Board grants once it is satisfied that the additional “industry, operation, or process” will be
carried on in accordance with all requisite environmental safeguards with respect to its nature,
composition, temperature, volume, etc. However, no such CTO was obtained by the accused industries
before they started producing oleum and SSP. The facts of the case state that they did not intimate
anyone about their new operations which included the State Board as well since no State Board would
grant a CTO to an industry after knowing how reckless it has been about waste management. In A.P.
Pollution Control Board V. M.V. Nayudu,6 it was held that nothing could serve as a replacement for
CTO, be it approvals obtained from the Gram Panchayat, conversion of land use by the Collector, or
installation of new machinery. Thus, continued operations in oleum and SSP production by the accused
industries shows blatant disregard for and violation of statutory protocols.

B. VIOLATION OF SUPREME COURT GUIDELINES THAT MANDATE THE PRESENCE

OF PROPER WASTE DISPOSAL SYSTEMS.

The Supreme Court has mandated that no Pollution Control Board (PCB) should furnish CTO to a
running industrial unit unless they are satisfied that the industrial unit has a fully functional primary

5
Section 25(4), Water (Prevention and Control of Pollution) Act, 1974.
6
(2001) 2 SCC 62.
 Page|9

effluent treatment plant.7 These effluent treatment plants have to be functional within a period of three
months, on the completion of which, there would be thorough and proper inspections to ensure the
same. If it is found that the effluent treatment plants are not entirely in compliance with the required
standards of operation, the industry would be refrained from any further industrial activities. That
certainly did not happen to the accused industries although it is not a secret how neither of these
industries have a fully functional waste treatment plant. Haji Zinc Ltd. has a waste treatment plant that
they don’t operate on the excuse of not having a regular supply of electricity. Still a step ahead, Raji
Silver Chemicals Ltd. does not have a waste treatment plant, to start with. Their undisguised and
palpable ignorance towards proper waste management shows how little they care about giving back to
the society that they have taken so much from.

III. POOR WASTE MANAGEMENT BY ACCUSED INDUSTRIES RESPONSIBLE FOR

GASTRIC AILMENTS IN VILLAGERS.

Apart from causing other kinds of pollution as well, the accused industries have been discharging their
untreated effluents into River Saakshi ever since 2011, thus choosing to contaminate the river water
despite having the resources to avoid it. Prolonged consumption of contaminated water can cause
various gastric ailments and the villagers have been using the river water for the purposes of irrigation
as well as drinking for a long time. They didn’t have an option but to drink the contaminated water of
River Saakshi for a long time as they weren’t affluent enough to install water-purifying systems at their
houses.

A. PROLONGED CONTAMINATION OF RIVER SAAKSHI BY ACCUSED INDUSTRIES.

According to the facts, the accused industries have been operating in Bagida for ten years and never did
they care to treat their effluents before releasing them into River Saakshi. Effluents from zinc industries
mostly comprise biochemical oxygen demand (BOD) and chemical oxygen demand (COD), apart from
substantial amounts of iron and zinc and marginal amounts of lead and chromium. 8 Effluents released
from the production of single superphosphate include dust, fluorine, phosphate bearing waste water,
etc.9 Such prolonged and constant contamination of River Saakshi was indulged in by the accused
industries despite having the proper resources to avoid it. If there was no regular supply of electricity,

7
Paryavaran Suraksha Samiti & Anr. V. Union of India and Others (WRIT PETITION NO. 375 OF 2012).
8
https://www.icontrolpollution.com/articles/sources-and-characteristics-of-galvanizingindustry-effluent-.php?aid=45663
9
https://law.resource.org/pub/in/bis/S02/is.9841.1981.html
 P a g e | 10

then the new product manufacture could have been held off until the electricity problem was fixed.
Also, it is worth wondering how the accused industries had enough money to produce new chemicals
and install new machineries for that, if any, but not nearly enough funds to install a number of
generators to improve visibility within the plant.

B. PROLONGED USE OF CONTAMINATED WATER CAN CAUSE GASTRIC AILMENTS.

The people of Bagida have been drinking as well as using the waters of the very contaminated River
Saakshi for irrigation. This way, they have been exposed to all the heavy metal wastes that are
discharged systematically into the river by the accused industries. Now, heavy metals pose a major
threat to human health. Lead is so toxic in nature it may cause anemia, kidney malfunction, brain tissue
damage, and death in severe poisoning. Chromium can cause headache, diarrhea, nausea, vomiting,
carcinogenic, and respiratory tract problems.10 Excessive zinc intake can manifest in the forms of
stomach cramps, skin irritations, vomiting, nausea and anaemia. Even higher levels of zinc can damage
the pancreas and disturb the protein metabolism, and cause arteriosclerosis. 11 High iron intake can cause
diabetes, hemochromatosis, stomach problems, and nausea. It can also adversely affect the liver,
pancreas, and heart.12 Like we can see, it is not only possible but almost reassuring that water infested
with heavy metal effluents is bound to cause gastric ailments. And the fact that a lot of the villagers
would start developing these gastric ailments together, strongly indicates the presence of a common
source, i.e., the contaminated waters of River Saakshi.

IV. HAJI ZINC LTD. RECKLESS IN PROTECTING ITS WORKERS.

It is important to note that the storage of sulphuric acid at a plant that deals with an irregular supply of
electricity and thus reduced visibility is highly risky and irresponsible, especially when its colourless
and odourless nature makes it so difficult to detect. Plus, since sulphuric acid tanks are anyway stored
away from sunlight in relative darkness, it is important to keep the tanks covered at all times except
when it is being cleaned or tested, so as to prevent any kind of accident. But that Shyam fell into a tank
of sulphuric acid implies that the tank was uncovered. Moreover, no proper protocol was followed by
the accused industries for producing oleum and single superphosphate (SSP), including the safety
10
https://www.intechopen.com/chapters/72652
11

https://www.lenntech.com/periodic/elements/zn.htm#:~:text=Although%20humans%20can%20handle%20proportionally,prote in
%20metabolism%2C%20and%20cause%20arteriosclerosis.
12
https://www.peninsulawater.com/is-iron-in-drinking-water-harmful/
 P a g e | 11

precautions mandated by the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989.
These precautions include using proper warning signs around hazardous chemicals to alert workers,
informing them about the presence of such chemicals, educating them on all personal safety
precautions, etc. Such rampant negligence borders on the line of recklessness.

A. REDUCED VISIBILITY AT PLANT RENDERS STORAGE OF SULPHURIC ACID

HIGHLY RISKY.

The facts provide that Haji Zinc Ltd. would not operate their waste treatment plant regularly due to an
irregular supply of electricity. By this logic, they should not even have been able to light the place up,
owing to irregular supply of electricity. And little to no light within the plant premises meant little to no
visibility for the workers. This reduced visibility is a major reason why the accused should not have
stored sulphuric acid within the plant premises. Sulphuric acid is a colourless, odourless chemical that
looks like water most of the time. Its presence can thus be difficult to detect by someone who isn’t
already aware of the entire plant’s configuration. And being the big industry that it is, Haji Zinc Ltd.
might not be that navigable for a number of workers.

B. UNCOVERED TANK JEOPARDIZED SAFETY OF WORKERS.

Sulphuric acid has to be stored away from the sun as an exposure to temperatures above 37 ℃ can
decompose it into sulfur trioxide and water vapour and also its chemical reaction with tank material. 13
So, since the tanks are stored away from sunlight in relative darkness, it is important to keep them
covered at all times except when they are being cleaned or tested. This should be done to prevent
accidents. However, that Shyam somehow fell into one of these tanks strongly implies that the tank was
uncovered. Either that or the cover was not thick enough to sustain a single man’s weight. A sulphuric
acid tank should be double-walled, weighing at least 35 gallons, i.e., 132.5 kilograms, and at most
100,000 gallons, i.e., 378541.18 kilograms.14 So, if the tank wasn’t uncovered, the only alternative
would be that Haji Zinc Ltd. uses really cheap tanks that aren’t thick enough to ensure the safety of their
workers. However, that might not be reasonably believable since going by their scale of operation, the
accused must keep sturdy and superlative storage tanks for the sulphuric acid to not get reactive. So, the

13
https://www.easternreliability.com/chemical-and-industrial-tank-products/storage-recommendations-sulfuric-acid-greater-
than-80-percent.html#:~:text=Sulfuric%20Acid%20must%20not%20exceed,off%20gassing%20and%20additional%20odors.
14
https://www.protank.com/sulfuric-
acid#:~:text=Sulfuric%20Acid%20Storage%20Tanks%20are,from%2035%20to%20100%2C000%20gallons.
 P a g e | 12

more reasonable conclusion is that the tank was left uncovered despite there being unsuspecting
workers in the vicinity.

C. STATUTORY SAFETY PROTOCOLS WERE IGNORED.

As u/s 17(4) of the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989, every
container of a hazardous chemical should be properly labeled to identify the contents of the container,
the name and address of the manufacturer or importer of the hazardous chemical, and the physical,
chemical and toxicological details of the chemical. However, if a worker found it okay to hang around a
sulphuric acid tank, it implies the absence of these very warning labels that would otherwise alert the
workers of the danger. As u/s 4(2)(ii) of the Rules, it is mandatory for a hazardous chemical industry to
provide its workers with all requisite information, training and equipment, including antidotes necessary
to ensure their safely. However, no proper protocol was followed by the accused industries since the
workers were not even informed about the newly started production of oleum and single superphosphate
(SSP). Thus, it also means no training or equipment was supplied to the workers, including educating
them on all personal safety precautions. So, if Shyam had taken off his protective gear for some time, it
was because he didn’t know that he wasn’t supposed to.

V. HAJI ZINC LTD. RESPONSIBLE FOR SHYAM’S DEATH.

It isn’t unnatural that being a worker at the Haji Treatment Plant, Shyam was equally subjected to all the
negligence of the accused in protecting its workers. Besides, prolonged exposure to sulphuric acid may
cause dizziness. It is also reasonably believable that Shyam could have been suffering from gastric
ailments like the other villagers. So, exposure to sulphuric acid together with gastric ailments was most
likely to have caused serious dizziness that made Shyam slip and fall. Lastly, the exact sequence of
events was not disclosed by the industry which indicates foul play and guilty conscience on their part.

A. SHYAM SUBJECTED TO INDUSTRIAL NEGLIGENCE.

Belonging from a poor farming family, Shyam did not have much choice but to work at a hazardous
chemical industry to financially support his family. As a result, he may have consented to legal
operations carried on with reasonable care but never to industrial negligence, especially in a hazardous
chemical industry. On March 1, 2022, Shyam, a worker at the Haji Treatment Plant, was killed after he
 P a g e | 13

slipped and fell into an industrial container brewing sulphuric acid. Like every other worker at the
industry, Shyam was also a victim of the industry’s unapologetic recklessness. He had not been
informed of all the hazardous chemicals that were being kept within the plant premises. He had not been
trained to steer clear from the hazardous chemicals and deal with their effects. He had also not been
educated on how important it was to wear one’s protective gear when in the vicinity of such chemicals.
Since the sulphuric acid tanks were most probably inefficiently labeled, Shyam probably took the liquid
to be water if he noticed it at all. That would reasonably raise no suspicions in Shyam’s mind as to the
immediate danger that could befall him in no time.

B. SHYAM MOST LIKELY SLIPPED DUE TO DIZZINESS CAUSED BY GASTRIC

AILMENTS AND AN EXPOSURE TO SULPHURIC ACID.

Sulphuric acid is a carcinogen in human beings, which means, a substance that is capable of causing
cancer in a living tissue. Prolonged exposure to sulphuric acid may cause headache, nausea, and
vomiting.15 So, without his knowing, Shyam could have been suffering from the hazards of continuous
exposure to sulphuric acid. The usual safety precautions, like not carrying contaminated clothes home,
getting specially trained in washing contaminated clothes, not eating, drinking, or smoking in areas
where chemicals are handled, processed or stored, etc, were clearly not taught to Shyam or any of the
workers. It was also possible for Shyam to have had been suffering from gastric ailments like the other
villagers. This is because he had been consuming the same contaminated water of River Saakshi and the
same contaminated crops that were irrigated with the river water. Consequently, exposure to sulphuric
acid together with gastric ailments was most likely to have caused serious dizziness that made Shyam
slip and fall into the container.

C. POSSIBLE FOUL PLAY BY ACCUSED INDUSTRY.

It is particularly suspicious how Haji Zinc Ltd. refrained from revealing the exact sequence of the
events that had resulted in Shyam’s death. The plaintiff was told that Shyam had been speaking on the
phone when he slipped and fell. However, if Shyam really knew that he was hanging around a sulphuric
acid tank, he would have no reason to not step away. Unless he was being held there by force only to be
pushed into the container. The fact that the accused industry has not been fully upfront with the
sequence of events here implies that they may be afraid their honesty would expose their recklessness in

15
https://nj.gov/health/eoh/rtkweb/documents/fs/1761.pdf
 P a g e | 14

protecting their workers. Also, if Shyam was indeed the victim of foul play by some fellow workers, the
accused industry would be held vicariously liable for their actions. That could be yet another reason for
their silence. However, being silent means being complicit with the actions of the offender.
 P a g e | 15

PRAYER FOR RELIEF

Wherefore, in light of the facts stated, issues raised, authorities cited and arguments advanced, may this
Hon’ble Court be pleased to adjudge and declare that:

1. The defendants have broken requisite statutory standards and environmental safeguards.
2. The defendants are liable of having contaminated River Saakshi for ten years.
3. The defendants are liable for the gastric ailments being caused by the contaminated waters of River
Saakshi.
4. Haji Zinc Ltd. is liable for Shyam’s death.

AND

Pass any other order that it may deem fit in the interest of justice, equity and good conscience. All of
which is most humbly prayed.

On behalf of
PLAINTIFFS
Counsel for the Plaintiffs

Sd/
 P a g e | 16

WRITTEN SUBMISSION ON BEHALF OF THE DEFENDANTS

Before

THE HONOURABLE CIVIL JUDGE

CIVIL COURT OF RAJEESTHA,

RAJEESTHA

2021

TRIAL UNDER SECTION 9 r/w ORDER I, RULE 1 AND RULE 3 OF THE CODE
OF CIVIL PROCEDURE, 1908

IN THE MATTER OF:

VIKAS & TEENA..............................................................................PLAINTIFFS

V.

HAJI ZINC LTD. & RAJI SILVER CHEMICALS LTD..........DEFENDANTS

WRITTEN SUBMISSION ON BEHALF OF THE DEFENDANTS

 P a g e | 17

STATEMENT OF FACTS

For the sake of brevity and convenience of the Hon’ble Court, the facts of the present case are
summarized as follows:

 In a small village, Bagida, in the state of Rajeestha, there were only 100 houses and 450 residents all of
whom were poor farmers who depended on the waters of a River Saakshi to meet their irrigation needs.
 Bagida was home to quite a number of chemical industrial plants, particularly two industries, Haji Zinc
Ltd. and Raji Silver Chemicals Ltd. which had been in operation at Bagida for over 10 years since 2011.
 Besides causing other kinds of pollution, Haji Zinc Ltd. and Raji Silver Chemicals Ltd. had also
continued to release their untreated effluents into river Saakshi.
 Both Haji Zinc Ltd. and Raji Silver Chemicals Ltd. realized their potential to market chemicals for
meeting export demands and thus increased their production by three times.
 Both these industries started producing oleum together with a single super-phosphate, without
intimating anyone.
 Haji Zinc Ltd. had a waste-treatment plant installed but did not operate it regularly owing to irregular
supply of electricity. Raji Silver Chemicals Ltd. did not have any such treatment unit to start with.
 Most of the families in the village had someone from the family working at one of these two industries
and that was how they supplemented their meagre household income earned from farming.
 On 01.03.2022, Shyam, a worker in Haji Treatment Plant, while talking on his mobile phone,
accidentally slipped and fell into an industrial container brewing sulphuric acid. He was not wearing any
protective gear.
 The exact sequence of event was not disclosed by the industry when handing over the charred body of
Shyam to his father Vikas. Vikas was too overcome with grief to be able to think about any legal
recourse.
 In the meantime, villagers started reporting instances of varied gastric ailments. One village, Teena,
wondered if it was because of the contaminated water of river Saakshi that they had been drinking for a
long time.
 Vikas and Teena want to seek justice for the death of Shyam and the falling health of the villagers of
Bagida. The present case is now before the Hon’ble District Judge, Rajeestha Rural District, Rajeestha
for Final Arguments.
 P a g e | 18

QUESTIONS PRESENTED

The following questions are presented before the Hon’ble Court for adjudication in the instant matter:

VI. WHETHER HAJI ZINC LTD. IS NEGLIGENT IN PROTECTING ITS WORKERS?

VII. WHETHER SHYAM’S DEATH WAS THE RESULT OF HIS OWN NEGLIGENCE?

VIII. WHETHER HAJI ZINC LTD. AND RAJI SILVER CHEMICALS LTD. ARE
PREDOMINANTLY RESPONSIBLE FOR POLLUTING RIVER SAAKSHI?

IX. WHETHER ACCUSED INDUSTRIES ARE ONLY OPERATING FOR PRIVATE PROFITS?

X. WHETHER ACCUSED INDUSTRIES ARE RESPONSIBLE FOR THE NEWLY SPOTTED

GASTRIC AILMENTS?

XI. WHETHER ACCUSED INDUSTRIES HAVE ADHERED TO REQUISITE STATUTORY

STANDARDS?
 P a g e | 19

SUMMARY OF ARGUMENTS

I. ACCUSED INDUSTRIES FULLY UNDERSTAND THEIR SOCIAL RESPONSIBILITY.

Firstly, accused industries are fully aware of their absolute liability towards the villagers of Bagida
which is why they have been operating with utmost care. As a result, no complaints were made in the
full ten years of their operations at Bagida.
Secondly, accused industries may work for private gains but they simultaneously provide employment
to most families in the village. Expanding into new production lines has only resulted in more such
employment.

II. NO VIOLATION OF STATUTORY PROVISIONS OR SUPREME COURT MANDATES.

Firstly, accused industries have not been operating without a CTO (Consent to Operate) from the State
Board as that wouldn’t have allowed them to operate for so long.
Secondly, accused industries are in full compliance with Supreme Court mandates that require a fully
functional waste treatment plant for any hazardous chemical operations. These aren’t their usual waste
treatment plants but more natural and environment-friendly ways of waste management that were
approved by the Government.

III. ACCUSED INDUSTRIES NOT RESPONSIBLE FOR THE CONTAMINATION OF RIVER

SAAKSHI.
Firstly, since many chemical industries are in operation at Bagida, it is unreasonable to blame only the
accused industries for the contamination of River Saakshi.
Secondly, whatever effluents are released into the river by the accused industries have always been
properly treated before discharge.

IV. LINK BETWEEN ACCUSED OPERATIONS AND GASTRIC AILMENTS NOT

ESTABLISHED BEYOND REASONABLE DOUBT.
Firstly, no medical reports have been submitted associating the gastric ailments with components
present in the effluents released by the accused industries.
Secondly, the accused industries have been in operation at Bagida for ten years yet the gastric ailments
in the villagers have surfaced only recently. This shows that the gastric ailments are perhaps being
caused by other factors like COVID-19 or new industrial activities by the remaining industries.
 P a g e | 20

V. HAJI ZINC LTD. NOT RESPONSIBLE FOR SHYAM’S DEATH.

Firstly, Haji Zinc Ltd. has never been negligent in protecting their
workers.
Secondly, Shyam had consented to working in such difficult conditions and it is evident from the
circumstances that his negligence was what caused his death.
Thirdly, the industry did disclose the exact sequence of events surrounding Shyam’s death but they
could not go into the specifics as Shyam’s father Vikas was too grief-stricken to hear any of it.
 P a g e | 21

PLEADINGS AND AUTHORITIES

I. ACCUSED INDUSTRIES FULLY UNDERSTAND THEIR SOCIAL RESPONSIBILITY.

It is humbly submitted before the Hon’ble Civil Court that courtesy of being in business for a long time,
Haji Zinc Ltd. and Raji Silver Chemicals Ltd. (hereon referred to as the “accused industries” unless
referred to individually) are fully aware of their absolute liability towards the villagers of Bagida which
is why they have been operating with utmost care. As a result, no complaints were made in the full ten
years of their operations at Bagida. They may work for private gains but at the same time they provide
employment to most of the families in the village. And expanding into new production lines has only
resulted in more such employment.

A. NO COMPLAINTS IN THE TEN YEARS OF THEIR OPERATION.

The accused industries are two of the most prominent industries in the village of Bagida which have
been operating there for ten years since 2011. They are quite aware of their responsibilities towards the
society and environment. Every hazardous chemical industry, like any other industry, is responsible for
taking such decisions and performing such actions that align with the objectives and values of the
society. Corporate Social Responsibility for a business is the obligation to give back to the society the
resources of which are being used by the very business to generate profits. And when it’s an industry
dealing in hazardous chemicals, this responsibility extends way beyond the 2 percent mandate. For such
industries, it’s an all-time responsibility to ensure that their hazardous activities aren’t adversely
affecting anyone. It is the industry’s job to compensate for all such hazards and treat it as an obligatory
part of their cost of production. If the accused industries had not been doing this job well then they
would have flooded by grievances from the villagers already. If the accused industries had indeed been
polluting the environment for a long time, numerous diseases caused by pollutants would have shown
up in the villagers already, like cancer, heart attacks and lung complications. But no such complaints
were received during the ten years of their operation at Bagida. In fact, there is no reason why the
defendants would be so careless with the safety of the villagers as most of the villagers work for them.
If the workers fell sick, they wouldn’t be able to come to work which would in turn slow down the
industrial operations.

B. GENERATION OF EMPLOYMENT OPPORTUNITIES FOR VILLAGERS.

 P a g e | 22

It isn’t unusual for an industry to pursue profits and expand their operations. When the accused
industries realized that they had an immense potential to respond to export demands and the ability to
do it with all requisite social and environmental safeguards in place, they decided to expand their
operations to capitalize that demand. Yes, they focus on private profits like any other industry but
despite being engaged in private profits, the accused industries have been the source of employment for
at least one member from most of the families in the village. This means, at least 90 to 100 people are
employed with these industries since there are 100 houses in the village with 460 residents. This has
helped the households quite substantially since most of them are farmers and their income from farming
is usually quite meagre. Additionally, the expansion of their industrial operations into oleum and single
superphosphate (SSP) production generated even more employment as more people were required at the
factory. The more the expansion, the more the employment. Chemical industries in India are anyway on
the brink of expansion in the current times, owing to international forces, like the supply chain
disruption in China, the anti-pollution measures in China, and the trade conflict among the US, Europe
and China. Such expansion would provide the people of Bagida as well as other villages with
innumerable employment opportunities. This shows how the profit-making interests of the accused
industries are immensely interlinked with social welfare.

II. NO VIOLATION OF STATUTORY PROVISIONS OR SUPREME COURT MANDATES.

As accused by the plaintiffs of continuing operations without a CTO (Consent to Operate), the
defendants humbly submit that it’s all untrue. The accused industries did obtain a CTO before extending
their operations. It is also untrue that the accused industries have violated Supreme Court mandates for
waste management.

A. CTO OBTAINED ALRIGHT.

As u/s 25 of the Water (Prevention and Control of Pollution) Act, 1974, the establishment of an
industry, operation, or process, or any treatment and disposal system, which is likely to discharge
sewage or trade effluent into a water body must be preceded with obtaining the consent of the State
Board. It is neither possible nor wise for a large-scale industry like Haji Zinc Ltd. or Raji Silver
Chemicals Ltd. to continue operations for years without attracting the attention of the State Board. And
the State Board is authorized to send their people to the industry premises for inspecting if any
 P a g e | 23

provisions or rules under the 1974 Act, or of any notice, order, direction or authorization served, made,
given, or granted under the 1974 Act are being contravened.16 In Delhi Bottling Co. (P) Ltd. V. Central
Board for Prevention & Control of Water Pollution,17 it was held by the Delhi High Court that a
restraint order could always be passed against an industry to restrain it from releasing its effluents into a
water body if the concerned industry had not erected the treatment plant as per the “consent order”, i.e.,
CTO. Provided that no such restraint order was ever passed against any of the accused industries
implies that their waste treatment plant was erected according to the CTO, which again implies that they
had obtained a CTO in the first place.

B. NO VIOLATION OF SUPREME COURT MANDATES.

Unlike what has been submitted by the plaintiffs, the accused industries are in full compliance with
Supreme Court mandates that require a fully functional waste treatment plant for any hazardous
chemical operations. The Supreme Court mandates the presence of a fully functional effluent treatment
plant. By “fully functional”, what is meant is a plant that can be functional at any time on demand. It is
true that due to an irregular supply of electricity at the industry, Haji Zinc Ltd. cannot operate their
waste treatment plant as regularly as they would have liked. However, as predicted by the plaintiffs, the
accused industries do use generators to ensure a continuous flow of electricity at all times of operation.
But since generators emit large amounts of carbon monoxide along with other harmful gases, the
defendants try to limit their use judiciously. This doesn’t mean their effluent treatment plant cannot be
operated with a generator whenever the alternative source of waste treatment is exhausted. To
judiciously limit the use of generators, the accused industries settle for constructed wetlands which are a
more natural and environment-friendly way of waste management that wouldn’t need electricity to
function. When untreated effluent flows through the constructed wetland, the larger particles present in
it are trapped by the plant roots and the substrate. Pollutants and nutrients present in the wastewater are
then naturally broken down and taken up by the bacteria and plants, thereby removing them from the
water.18 Numerous studies have shown that constructed wetlands are quite efficient in removing
contaminants.19 Constructed wetlands are also used by Raji Silver Chemicals Ltd. who do not have a
traditional waste management plant. It would not have been allowed to operate if the State Board hadn’t
believed that it was as efficient as a traditional waste treatment plant.
16
Section 23(1)(b), Water (Prevention and Control of Pollution) Act, 1974.
17
AIR 1986 Del 152.
18
https://www.cseindia.org/constructed-wetlands-wastewater-treatment-systems-
6215#:~:text=Through%20the%20process%20of%20water,removing%20them%20from%20the%20water.
19
https://e360.yale.edu/features/designing_wetlands_to_remove_drugs_and_chemical_pollutants.
 P a g e | 24

III. ACCUSED INDUSTRIES NOT RESPONSIBLE FOR THE CONTAMINATION OF RIVER

SAAKSHI.

It is humbly submitted that the accused industries are not the only industries in operation in the village
of Bagida. Since Bagida is home to a number of other chemical industries, it is unreasonable to blame
only the accused industries for the contamination of River Saakshi. Moreover, the waste management
processes of the accused industries have already been disclosed. So, it should be reasonably believed
that whatever effluents are released into the river by the accused industries have always been properly
treated before discharge.

A. ACCUSED INDUSTRIES NOT THE ONLY INDUSTRIES IN OPERATION.

As evident from the facts, the defendants may be two of the oldest industries in operation at Bagida but
by no means are they the only ones. Bagida is home to many other chemical industries which happen to
use River Saakshi to discharge their effluents since there is no other prominent water body in the
village. As a result, a number of different chemicals are likely to have been released into the river as not
every industry deals with the same substances. In fact, all these other chemical industries should
together contaminate the river way more than what two chemical industries might do alone. Thus, if
River Saakshi is highly contaminated today, it is more by reason of the activities of the remaining
industries than those of the defendants.

B. NO UNTREATED EFFLUENTS DISCHARGED BY ACCUSED INDUSTRIES.

As has already been established before, the use alternative methods of waste management is why
accused industries don’t use their waste treatment plants. Thus, the assumption that they discharge
untreated effluents into the river water just because they do not use their waste treatment plants
regularly is not just incorrect but ridiculous. This is because constructed wetlands are not small areas
hidden from public view. However, if people choose to put their assumptions above what they can
actually physically see or find out on reasonable inspection, then that does not hold for a competent
argument. And as regards the effluents that Haji Zinc Ltd. may release into the river irregularly, they are
completely treated inside the treatment plant before being discharged. This is because the accused
 P a g e | 25

industries are aware that if the villagers fall sick, they wouldn’t be able to come to work and that would
interfere with the industry’s output.

IV. LINK BETWEEN ACCUSED OPERATIONS AND GASTRIC AILMENTS NOT

ESTABLISHED BEYOND REASONABLE DOUBT.

The reason behind an ailment cannot be concretely told unless medically examined. However, no
medical reports have been furnished that could associate the recent gastric ailments in the villagers with
components present in the effluents released by the accused industries. Furthermore, the accused
industries have been in operation at Bagida for ten years yet the gastric ailments in the villagers have
surfaced only recently. This shows the absence of any reasonable link between the accused operations
and the gastric ailments. And we should not ignore other factors like COVID-19 or new industrial
activities by the remaining industries which are highly likely to have caused these gastric ailments in the
villagers.

A. NO MEDICAL REPORTS SUBMITTED.

According to the facts, the entire allegation of gastric ailments being caused by effluents released by
accused industries is based on the mere suspicions of a villager Teena. Her claims haven’t been
corroborated with any medical evidence connecting the gastric ailments with components found in
effluents released by the accused industries. Also, no proper investigation was done to find out if the
accused industries were really responsible for contaminating River Saakshi. In Velpandian V. State of
Madras,20 it was held that suspicion, no matter how strong, cannot replace legal proof. An accused is
presumed to be innocent unless proven guilty beyond reasonable doubt. For a case to be proven beyond
reasonable doubt, a chain of evidence has to be established so fully and completely that it shows how in
all human probability the accused must have done the act. In this case, the guilt of the accused industries
has not been established beyond reasonable doubt.

B. GASTRIC AILMENTS SURFACING ONLY RECENTLY.

Although the accused industries have been in operation for the last ten years, the gastric ailments are
only a recent occurrence. These ailments would have surfaced a long time ago if they were really

20
Crl.O.P.(MD) No.3921 of 2018
 P a g e | 26

connected with the operations of the accused industries. So, it may be possible that other factors are at
play here. For instance, new production lines may have been commenced by other industries and might
have made the composition of their effluents more toxic than before. An equally probable reason could
be the spread of COVID-19 amongst the villagers of Bagida. It is common knowledge that coronavirus
can cause gastric ailments amongst other things. Moreover, it can spread real fast in a really short time.
There is no reason why the possibility of failing health due to coronavirus infections should not be
thoroughly considered.

V. HAJI ZINC LTD. NOT RESPONSIBLE FOR SHYAM’S DEATH.

It is humbly submitted that all the allegations against Haji Zinc Ltd. about being negligent in protecting
their workers are false and unverified. It is important to remember that Shyam had consented to working
in a hazardous chemical industry and it is evident from the circumstances that his negligence was what
had caused his death. Lastly, the industry never kept the exact sequence of the events surrounding
Shyam’s death. They just could not go into any specifics as Shyam’s father Vikas was too grief-stricken
for any of that.

A. ACCUSED INDUSTRIES NEVER NEGLIGENT IN PROTECTING WORKERS.

The allegations of negligence are baseless. To begin with, the accused industries do not operate in the
dark. It is ridiculous to even suggest that two well-known profitable companies will not have the
resources to supplement alternate sources of electricity and light up their premises. The accused
industries would have never received their license to operate if they had been in the practice of working
in the dark. Similarly, the sulphuric acid tanks, although away from the sun, are kept at room
temperatures and in rooms with sufficient light – covered at all times except when being used. All tanks
are properly labeled as required u/s 17(4) of the Manufacture, Storage and Import of Hazardous
Chemical Rules, 1989. All workers have been informed about the sulphuric acid tanks, the oleum and
the SSP productions, and other chemicals stored at the industry and trained and equipped for personal
and general safety as required u/s 4(2)(ii) of the Rules. This remains wholly verifiable by the workers at
these industries. Neglecting the safety of their workers would bring them nothing but loss and scandal.

B. CONSENT AND NEGLIGENCE OF SHYAM EVIDENT FROM CIRCUMSTANCES.

 P a g e | 27

It should not be forgotten that Shyam had consented to working in a hazardous chemical industry. He
knew of the potential risks and injuries and voluntarily agreed to suffer them the moment he signed up
to work for the defendants. He had also voluntarily agreed to take all personal safety precautions as
could be expected of a reasonable man. In Thomas V. Quatermaine,21 the plaintiff was grossly injured
when he fell into a cooling vat full of scalding liquid as a result of the sudden push that he felt after
forcing open the boiling vat’s lid that was stuck. It was held that the defendant was not liable as the
danger was visible and the plaintiff had appreciated and voluntarily encountered the same. Absolutely
liable demands that no harm be caused to people on account of “hazardous or inherently dangerous
activity”. Volenti non fit injuria or the consent of the plaintiff wouldn’t serve as a defence in such
accidents even if the industry had been working with utmost and reasonable care. However, Shyam’s
death was not caused by any hazardous “activity” but by his falling into the tank of a hazardous
chemical when its lid was open for cleaning purposes. Shyam was not even wearing the protective gear
that every worker is asked to wear when around such dangerous chemicals. In fact, it is beyond
believable that Shyam wouldn’t be aware of such basic personal safety measures after working in a
chemical industry for quite some time. Even if he did not know of the presence of sulphuric acid at the
exact spot over which he was standing, he should have known that once inside a chemical plant, you
absolutely always need to have your protective gear on. But instead of that, he was casually speaking on
the phone with both his mind and protective gear hanging out elsewhere. This shows contributory
negligence on his part.

C. ACCUSED NOT ENGAGED IN FOUL PLAY.

The plaintiffs accused the defendants of foul play solely because they believe the defendants have not
been upfront with the exact sequence of events surrounding Shyam’s death. This couldn’t be further
from the truth as the industry did reveal the exact cause and circumstances surrounding Shyam’s death
but his father Vikas, quite understandably, was too grief-stricken to hear any of that. As a result, the
accused could not get into all the details and specifics of the incident.

21
(1887) Q.B.D. 685.
 P a g e | 28

PRAYER FOR RELIEF

Wherefore, in light of the facts stated, issues raised, authorities cited and arguments advanced, may this
Hon’ble Court be pleased to adjudge and declare that:

5. The defendants have not broken any statutory standards or environmental safeguards.
6. The defendants are not liable for contaminating River Saakshi.
7. There is no connection between the industrial operations of the defendants and the gastric ailments
being suffered by the villagers.
8. Haji Zinc Ltd. is not liable for Shyam’s death.

AND

Pass any other order that it may deem fit in the interest of justice, equity and good conscience. All of
which is most humbly prayed.

On behalf of
ACCUSED INDUSTRIES
Counsel for the Defendants

Sd/