Enyahonmertal bau corcttutiool Jas: MOOT PROPOSITION Hindoria, a land of incredible biodiversity, hosts a variety of ecosystems, including deserts, high mountains, tropical and temperate forests, swamplands, plains, grasslands, riversides, and an island archipelago. Within these diverse landscapes lie three crucial biodiverse hotspots: the Beauty Ghats, the Heralayas, and the Hino-Verma region, These hotspots boast a plethora of unique species that are exclusive to these areas. Hindoria’s geographical diversity extends to its soils, with seven distinet types found across the region: These include alluvial soil, black soil, red soil, laterite soil, arid soil, forest and mountainous soil, and marsh soil, The formation of these soils is closely tied to the sediment deposits brought down by rivers, each exhibiting varied chemical properties. ‘A nationwide NGO namely 'Peace-of:People' reaffirms its commitment to safety, welfare, and peace, has its branches across all States of Hindoria. With a mission to actively contribute to societal well-being, the organization recently conducted a confidential online meeting of high-level executive members, focusing on strategic initiatives to enhance public awareness and engagement. During the closed-door session, Mrs. Monal Mathews, the visionary leader and head of the organization, emphasized the crucial need to amplify the visibility of Peace-of-People' among the public. In a bid to hamess the collective intellect of its dedicated members, Mrs, Mathews called for innovative ideas to achieve this objective. ‘After a comprehensive and insightful discussion, the high-level executive members reached @ unanimous consensus to file impactful Public Interest Litigations that address issues that affects the general public This decision led to the formation of a specialized team, headed by Mr. AdvikEshwar and five other dynamic members. Their primary responsibility was to identify few compelling issues that warrants a Public Interest Litigation and reflects the organization's core values.‘After meticulous research and investigation, the team identified two grave concerns plaguing multiple States of Hindoria ~ the menace of the Sand mafia and Soil contamination. The research report presented al issues pertaining to the above and it posed a significant threat to the well- by the team onilined being of the public at large. While clean air and water are essential for a balanced human life, the land itself, particularly in the form ical role. Surprisingly, the abundant supply of sand is facing depletion due to of.sand, plays a Hindoria ranking as the world’s second-largest consumer of sand, This alarming trend has given rise to a clandestine network of organized criminals known as the sand mafia, The sand mafia operates in plain sight, exploiting the lucrative sand trade through illicit means. Their activities involve unlawful agreements, protection racketeering, gambling, fraud, corruption, and even resorting to extreme measures like death threats and murder, This network of organized criminals engages in colossal and illegal sand mining, posing a significant threat not only to the species dependent on sand but also to the delicate hydrological balance. The environmental concems associated with the activities of the sand mafia have become a significant issue in various parts of the Hindoria. While sand is a seemingly abundant resource, its extraction can have severe and lasting consequences on the environment. Such as - erosion and habitat destruction, riverbank erosion, water quality degradation, impact on fish and aquatic life, illegal land use change etc. The consequences of the Sand Mafia's actions extend beyond environmental concerns. Their activities jeopardize human life and contribute to the degradation of essential resources. The depletion of this discreet yet crucial resource could lead to irreversible damage, putting not only the biodiversity at risk but also threatening the very existence of humanity. Between early July and late August 2023, the Hindorian State, Oranchal, witnessed unprecedented rainfall leading to a series of disasters, particularly in the town of Abuaje. Four rivers - Samsu, Tamis, Syedi, and Banpri - flowing through the town experienced flooding, causing the collapse of critical infrastructure such as bridges and roads, The disasters resulted in substantial loss of life and property, with almost 100 people losing their lives and numerous landslides recorded. One of the key contributing factors to the extensive damage in Abuaje was identified as illegal sand mining in the rivers, exacerbating the effects of theheavy rainfall, The practice of sand mining, primarily for cement production, has deepened river channel floods. increased water flow speed, and led to erosion of riverbanks, causing significant harm during The mining sector in Hindoria operates under the regulatory framework established by the Mines and Minerals (Development and Regulation) Act, 1957 (As amended till 2023) aimed at ensuring the sustainable extraction of resources. Despite these regulations, instances of illegal mining persist, where activities occur without the required permits from State governments. Official records indicate as many as 816,000 instances of illegal sand mining reported from 2020 to 2023, particularly prevalent in State of Oranchal., In response to the challenge of illegal sand mining, the Ministry of Environment, Forest and Climate Change in Hindoria introduced guidelines in 2016, These guidelines sought to regulate the extraction of sand and gravel, emphasizing the incorporating necessary environmental safeguards. The recommendations included exploring alternative sources for these materials and to investigate manufactured substitutes to diminish exploitation on riverbeds. Four years later, the central government updated guidelines for overseeing the entire sand mining process, incorporating advanced surveillance technologies like drones and night vision. The focus extended from identifying deposits to monitoring dispatch and end uses. Despite these initiatives, the present report argues that the Central Government's measures are essentially advisory. Reports of on- going illegal sand mining, coupled with State-level judicial interventions, suggest a lack of robust implementation of government regulations by the State Government of Oranchal. An assessment of the effectiveness of the said guidelines is yet to be conducted. The report submitted by the Peace-of-People suggested to file a Public Interest Litigation before the Supreme Court of Hindoria. In the State of Mirarat, a thriving industrial hub known for its economic prosperity, a dark shadow looms over the scenic landscape. The once-fertile soil that sustained generations of farmers is now under severe threat due to the unchecked activities of an influential industry, Zephyr Chemicals Ltd. This chemical giant, in its pursuit of maximizing profits, has been consistently let out hazardous waste into the environment, leading to widespread soil contamination. ‘The contaminants, primarily heavy metals and toxic chemicals, have infiltrated the soil, causing irreparable harm to the agricultural lands surrounding the industrial site. The groundwater is tainted with pollutants, posing a serious threat to human health and exacerbating the ecological imbalance that affects the lifeline of inmates of the hub. The plight of the local residents is dire, The sand area is grappling with severe health issues due to consuming contaminated water and produce, The livestock, a vital source of livelihood for many, is succumbing to diseases linked to the presence of toxic elements in the soil. The local flora and fauna are disappearing, further disrupting the delicate ecological balance of the region. In the face of this environmental catastrophe, the people of Mirarat have united in protest against Zephyr Chemicals Ltd, Continuous demonstrations, led by passionate activists and supported by residents, demand immediate action from the State to curb the environmental degradation caused by the industry. However, the State authorities have been apathetic to the cries of the local population, seemingly prioritizing economic interests over the well-being of its citizens. Despite the mounting evidence of the environmental disaster and the adverse impact on human and animal life, the State Government of Mirarat has failed to take any meaningful steps to hold Zephyr Chemicals Ltd accountable, The Environmental Protection Act of Hindoria, which empowers the government to regulate and control activities that may have adverse environmental effects, has been overlooked and enforcement remains lax. In light of the Government's inaction, Mr. AdvikEshwar, Proposes a filing of Public Interest Litigation before the Supreme Court, seeking judicial intervention to force the State to address the environmental degradation caused by Zephyr Chemicals Ltd. Based on thoroughly researched information submitted by the expert team headed by Mr. AdvikEshwar, the Peace-of-People organization has filed two Public Interest Litigations before the Hon’ble Supreme Court of Hindoria against the Central Government and the states of Oranchal and Mirarat. respectively. Following the petition filings, the organization took to Twitter, using the hashtag ‘Justice for Sand’ Hus alternative remedies. Undeterred, the Peace-of-People has now filed separate petitions at the respective Honorable High Courts. Unfortunately, the High Courts dismissed the Petitions, asserting that the State Governments are reasonably addressing the underlying issues. Dissatisfied with the rulings, the Peace-of-People has lodged an appeal before the Honorable Supreme Court. Recognizing the interconnected nature of these matters, the Supreme Court has tagged them together and set a hearing date to address the consolidated issues, The consolidated Public Interest Litigations iceforSand. However, all the petitions were summarily rejected, citing the need to exhaustpresented before the Hon’ble Supreme Court of Hindoria, would likely consider the following Issues 1, Whether the petitions filed by the Peace-of-People organization qualify as Public Interest Litigation, meeting the necessary criteria to represent broader public interests and not just the interests of the organization or its members? 2. Whether there is a substantial failure on the part of the Central Government and the State Governments of Oranchal and Mirarat, in enforcing existing environmental laws and regul pertinent to the issues outlined in the Public Interest Litigations? 3. Whether the unchecked sand mining and hazardous waste release by Zephyr Chemicals Ltd, individually and collectively infringe upon the fundamental rights of citizens, especially their right to a healthy environment, as guaranteed by the Constitution? 4, Whether the State Governments of Oranchal and Mirarat can provide a justified rationale for their actions or inactions in response to the environmental issues raised in the Public Interest Litigations, and Whether these justifications align with the principles of environmental protection and sustainable development?