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MOOT COURT

IN THE HON’BLE HIGH COURT OF PATNA

UNDER ARTICLE 226 & ARTICLE 227 OF THE

CONSTITUTION OF INDIA, 1950.

ALERT INDIA & ORS.………………. (PETTIONER)

V.
STATE OF PATNA……………………. (RESPONDENT)

MEMORIAL SUBMITTED ON BEHALF OF THE

RESPONDENT
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TABLE OF CONTENTS

1 STATEMENT OF JURISDICTION

2 LIST OF ABBRIVATION

3 BOOKS AND WEBSITE REFERRED

4 STATEMENT OF JURISDICTION

5 STATEMENT OF FACTS

6 STATEMENT OF ISSUES

7 SUMMARY OF ARGUMENTS

8 ARGUMENTS ADVANCED

9 PRAYER
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LIST OF ABBREVATIONS

1 & And

2 AIR All India reporter

3 Art. Article

4 i.e That is

5 Govt. Government

6 Vs. verses

7 No. Number

8 Ors Others

9 Sec. Section

10 Hon9ble Honorable

11 HC High Court

12 PIL Public interest litigation

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BOOKS AND WEBSITES REFERRED

Books
 Constitution on India By P.M. Bakshi
 Bare Act of Constitution
 Environmental law By S C Shastri Sixth edition
 Environmental law By Dr Nishtha Jaswal and Dr P S Jaswal

Websites
https://www.scconline.com/Members/SearchResult.aspx
https://www.casemine.com/search/in https://indiankanoon.com

ONLINE RESOURCES & DATABASES

Sl NO Website
1 www.casemine.com
2 www.indiankanoon.org
3 www.scconline.co.in
4 www.casesearch.in
5 www.livelaw.in
6 www.legalserviceindia.com
7 Blog.ipleaders.in
8 www.lawoctopus.com
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TABLE OF CASES

1. Indian Council for Enviro-Legal Action v. Union of India, (1996) 5 SCC 281
2. People’s Union for Democratic Rights & Others v. Union of India
&Others (1982) 3 SCC 235.
3. S.P. Gupta V. Union of India AIR 1982 SC 149.
4. Union of India v. Verma AIR 1957 SC 882.
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STATEMENT OF JURISDICTION

The Honourable High Court of BRAHAMA has the jurisdiction in this matter under
Art. 226:
Empowers the high court9s 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 practicing 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.
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STATEMENT OF FACTS

1. The State of PATNA is one of the States in India. Due to wrath of nature the state is
facing an acute scarcity of water and the condition in major part of the State is near to
drought.
2. To meet this situation, the state of PATNA has taken a policy decision to construct
the number of dams in the State so that the rainy water could be accumulated the
dams which would help in meeting the growing needs of water for the purpose of
drinking, agriculture and also for the Industries. The Government is also of the
opinion that the accumulation of water in the damns would help 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 and 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 PATNA for the purpose of the construction of dam had floated global
tenders and one of the companies, Reliable Industries limited has been given a
contract to construct a dam.
4. The Reliable Industries limited for the purpose of the dam had applied for
environment clearance to the Ministry of Environment and Forest for the purpose.
Environment Clearance has been given to the company on the ground that the
Government has an authority to do so in larger public interest.
5. The agriculturist in the village is not in favour of the construction of the dam since
they would be displaced from the land where the dam is to be constructed and would
be deprived of their livelihood.
6. “Alert India” is NGO which is for the protection of environment in India. “Alert
India” which is fighting for the cause of environment has appealed to the Government
not to proceed with the construction of the dam since it would lead to an
environmental imbalance in the State. However the state of PATNA is determined to
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proceed with the construction of dam in public interest.

7. “Alert India” has therefore a filed a petition under Art.226 and Art.227 of the
Constitution of India on the ground that the Environmental Clearance
CertificategrantedisbadinletterandspiritoftheConstitutionand
8. against the national interest. “Alert India” has also taken the cause of agriculturists
who are likely to be displaced and has submitted that the construction of the said dam
is in violation of Art.21 of the Constitution of India as regards right to life and
Personal liberty of the agriculturists in the area.
9. The High Court of Judicature of PATNA has admitted the petition for hearing and
has framed the following issues for the purpose of adjudication.
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ISSUES RAISED

 ISSUE I
Whether the High Court of Patna can interfere in any policy decision taken by the
State of Patna?

 ISSUE II
Whether the displacement of the agriculturalists from the area where the proposed
dam is to be constructed amounts to violation of Article 21 of the constitution of
India?

 ISSUE III
Whether the Environment Clearance Certificate granted by the State is contrary to
the provisions of Constitution of India?

 ISSUE IV
Whether the decision taken by the State of Patna to construct the dam deserves to be
maintained or should be quashed and set aside?

 ISSUE V
Whether the writ petition filed under Article 226 and Article 227 of the constitution
of India is maintainable ?
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ISSUES RAISED
 whether the PIL filed by Alert India under article 226 of the constitution
of India is maintainable?
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SUMMARY OF ARGUMENTS

 WHETHER THE PUBLIC INTEREST LITIGATION FILED BY ALERT

INDIA UNDER ARTICLE 226 OF THE CONSTITUION OF INDIA IS
MAINTAINABLE.?

Alert India is an NGO for the protection of environment, filed a petition under
Article 226 of the Constitution of India before the Honourable high court of
PATNA on the ground that environment clearance certificate granted is bad in
letter and spirit of constitution of India. The present public interest litigation is
not maintainable, because The State of PATNA is one of the States in India and
due to wrath of nature the state is facing an acute scarcity of water and the
condition in major part of the state is near to drought. Therefore, the government
had decided to construct new dam for the welfare of state. Moreover, the
petitioner should have exercised alternative remedies available for them. Hence,
the present PIL is frivolous, vexatious and deserves to be dismissed.
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ARGUMENTS ADVANCED

THE PUBLIC INTEREST LITIGATION FILED BY ALERT INDIA

UNDER ARTICLE 226 OF THE CONSTITUION OF INDIA IS NOT
MAINTAINABLE.

1. Black’s Law Dictionary defines Public Interest as: Something in which the public,
the community at large, has some pecuniary interest, or some interest by which
their legal rights or liabilities are affected. It does not mean anything so narrow as
mere curiosity, or as the interests of the particular localities, which may be
affected by the matters in question. Interest shared by citizens generally in affairs
of local, state or national Government1. The word litigation means a legal action,
including all legal proceedings initiated in a Court of law with the purpose of
enforcing a right or seeking a remedy2.
1. In People’s Union for Democratic Rights & Others v. Union of India &Others3,
the Hon’ble court defined Public Interest Litigation and observed that Public
interest litigation is a cooperative or collaborative effort by the petitioner, the State
of public authority and the judiciary to secure observance of constitutional or basic
human rights, benefits and privileges upon poor, downtrodden and vulnerable
sections of the society.
2. Article 2264: Empowers the high court’s 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 or any of them.

1
Garner B.A., Black9s Law Dictionary, (9th ed., 2009).
2
www.jurisdictionary.com, (Last visited on 19th October, 2014)
3
(1982) 3 SCC 235.
4
Constitution of India(1950)
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Where a legal wrong or legal injury is caused to a person or to determinate class of

persons by reason of violation of any Constitutional or legal right and such person
or determinate class of persons by reason of poverty, helplessness of disability or
socially or economically disadvantaged, unable to approach the Court for reliefs,
any member of the public can maintain an application under Article 226 of the
constitution of India.
3. In the case of S.P. Gupta V. Union of India5, The Supreme Court has held that it
may now be taken as well established principle that where a legal wrong or a legal
injury is caused to a person or to determinate class of persons by reason of
violation of any constitutional or legal right or any burden as reason of violation of
any constitutional or legal provisions or without authority of law or any such legal
wrong or legal injury or legal burden is threatened and such person or determinate
class of persons by reason of poverty, helplessness of disability or socially or
economically disadvantaged position, unable to approach the Court for relief, any
member of the public can maintain an application for an appropriate direction,
order or writ in the High Court under Article 226 of the Constitution of India. This
principle had continued till date and in fact is the origin of public interest litigation.
4. The ingredients of Public Interest Litigation like locus standi to any member of the
public, relief against public wrong or public injury, dominant object being public
interest or public good and besides that it should also satisfy essentials of a public
interest litigation which would justify judicial interference or intervention6.
According to the facts of the case the State of PATNA is one of the States in India.
State is facing an acute scarcity of water & the state is near to drought. So, in order
to conquer the situation, the state of PATNA has taken a policy decision to
construct 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 help in recouping the
underground water level in the state.

5
AIR 1982 SC 149
6
S.P. Gupta v. Union of India(AIR 1982 SC 149)
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5. Reliable Industries Ltd. has been given a contract to construct a dam. 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 certificate has been given to the company on the ground
that the Govt. has an authority to do so in larger public interest.
6. Public interest means a subject matter in which the rights of the public or a section
of the public is interested7or the means of concern which is advantageous to people
as a whole8.
7. 'Interest of general public' is a comprehensive expression intended to achieve the
socio-economic justice for people by the State 9. Social justice is the recognition of
greater good to larger number without deprivation of accrual of legal rights of
anybody which are considered to be their fundamental rights10, and the Government
while exercising its power and by subscribing to the concept of 'social justice' and
'economic justice' enshrined in the preamble11 might detract from some technical
rule in favour of a party12 , in order to do greater good to a larger number so as to
act in consonance with the principles of equality and public trust13.
8. Further, the principle of "common good14" depends on the economic and political
philosophy of the government15.

From the facts of the case itself it is clearly stated that Environment clearance has
been given to the company on the ground that the Govt. has an authority to do so in
larger public interest and after considering the social and economic welfare of the
state therefore the PIL filed by Alert India is not maintainable.
9. There is an onerous duty lies upon the State under the concept of 'sustainable
development16' recognized as a fundamental right under Article 2117 to keep in
mind the "principle of proportionality18"

7
Kuttisankaran Nair v. Kumaran Nair, AIR 1965 Ker 161.
8
3T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481.
9
Court on its own motion v. Union of India, 2012 (12) SCALE307.
10
Sadhuram Bansal v. Pulin Behari Sarkar, AIR 1984 SC 1471 , S.R Bommai v. Union of India, (1994) 2 SCR 644.
11
Article 39 (1) of Constitution.
12
Sadhuram Bansal v. Pulin Behari Sarkar, AIR 1984 SC 1471.
13
Akhil Bhartiya Upbhokta Congress v. State of Madhya Pradesh and Ors., (2011) 5 SCC 29, Sachidanand Pandey and
Anr.v. State of West Bengal and Ors. (1987) 2 SCC 295
14
Article 39(b), Constitiution
15
Bennett Coleman and Co. and Ors. v. Union of India, (1972) 2 SCC 788
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10. so as to ensure protection of environment on one hand19 and to undertake

necessary development measures on the other hand 20, since the economic
development cannot be allowed to take place at the cost of ecology but the
necessity to preserve ecology and environment should not hamper economic and
other developments21, which includes generation of revenue and public interest22
11.The doctrine of public necessity is derived from the maxim salus populi suprema
lex that is the welfare of the people is of paramount importance 23. To achieve the
public good, the property, liberty and life of an individual can be placed in jeopardy
in the case of existing, immediate and overwhelming necessity24.
12.In the present case, there has been no violation of Article 21 of the Constitution. To
establish the violation Article 21, the act should be subjected to the equality test of
Article 14 and test of reasonableness under Article 1925. Article 14 ensures
fairness26 and guarantees against arbitrariness27. It provides that every action of the
government must be informed by reasons and guided by public interest28.
13.According to the National Environment Appellate Authority Act, 1997, any person
who is aggrieved by the order granting environmental clearance in the areas in
which the industries, operations or processes shall or shall not be carried, can file
an appeal to the Authority within a period of 30 days from the date of order.

16
Brutland Commission Report, 1983; Principle 2 of Stockhom Conference,1973; Principle 1 of Rio Declarartion, 1992..
17
Indian Council for Enviro−Legal Action v. Union of India, (1996) 5 SCC 281; Vellore Citizens' Welfare Forum v. Union
of India, (1996) 5 SCC 647
18
Thirumalpad v. Union of India and Ors. (2002) 10 SCC 606; M C Mehta v. Kamal Nath, [1997] 1 SCC 388.
19
Court On Its Own Motion v. Union of India, 2012 (12) Scale 307. SC 1228
20
Thirumalpad v. Union of India and Ors. (2002) 10 SCC 606; Subhash Kumar v. State Of Bihar, AIR 1991 SC 420;
M.C.Mehta v. Union Of India, AIR 1988 SC 1037; Narmada BachaoAndolan v. Union Of India (2000) 10 SCC 664;
A.P.Pollution Control Board v. M.V.Nayudu, AIR 1999 SC 812; T.N.Godavarmanthirumulkpad v. Union Of India, AIR 1997
21
Banwaslseva Ashram v. State of U.P, AIR 1987 SC 374; T.N. Godavarmanthirumalpad v. Union Of India And Ors., (2002)
10 SCC 606.
22
Research Foundation For Science Technology And Natural Resource Policy v. Union Of India And Others, AIR 2007 SC
(Supp) 852
23
Rekharani Maitra &Ors. v. Additional District Magistrate &Ors. C.R. No. 9063 (W) of 1983.
24
Malverer v. Spinke (1537) Dyer, (Part I), 356.
25
Maneka Gandhi v. Union of India.AIR 1978 SC597.
26
Delhi Transport Corporation v. DTC Mazdoor Congress, AIR 1991 SC 101; Mahesh Chandra v. Regional Manager, U.P.
Financial Corpn, AIR 1993 SC 935.
27
Express Newspaper Ltd. v. Union of India, AIR 1986 SC 872; Netai Bag v. State of West Bengal, AIR 2000 SC 3313.
28
M S Bhut Educational Trust v. State of Gujarat, AIR 2000 Guj 160; LIC v. Consumer Education and Research Centre, AIR
1995 SC 1811.
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can file an appeal to the Authority within a period of 30 days from the date of
order. The authority can hear appeal beyond this period if there is sufficient cause
for delay. The appeal has to be disposed of within 90 days from the date of filing
appeal. This can be extended to a further period of 30 days.
14.Hence the existence of alternative remedies is a thing taken into consideration in
the matter governing writ29. Where statutory remedies are available or where a
statutory tribunal has been set up, a petition under Article 226 is not a proper
remedy unless the remedies are ill-suited, to meet the demand of an extraordinary
situation.
15.In Union of India v. Verma30, it was held that it is well settled when an alternative
and equally efficacious remedy is open to a litigant, he should be required to pursue
that remedy and not invoke the special jurisdiction of HC to issue a prerogative
writ and where such remedy exists, it will be a sound exercise of discretion to
refuse to interfere in a petition U/A 226.
16.According to the facts of the present case, any person aggrieved could have filed an
appeal to the National Environment Appellate Authority against the environment
clearance certificate granted by the Ministry of Environment and Forest. Hence, in
light of the alternative remedy under the statute the Hon9ble HC should not
exercise its discretionary power under Article 226.

17.Therefore, the counsel humbly submits that in the instant case, the construction of
dams was a matter of urgent necessity and national interest, so as to meeting the
growing needs of water for the purpose of drinking, agriculture & also for the
industries and thereby to protect the life of people. Therefore, by constructing dam
the State was performing its duty to safeguard the wellbeing of the people, keeping
in mind that the needs of environment need to be balanced with the needs of
community at large in a developing country. Hence the PIL filed by Alert India an
NGO for the protection of environment is without substance and is an abuse of the
process of law therefore not maintainable before the honourable High Court of
PATNA.

29
Rashid Ahmed v. Municipal Board, AIR 1950 SC 163.
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30
AIR 1957 SC 882.
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PRAYER
In the light of issues raised, arguments advanced reasons given and authorities cited
the counsel for the respondent humbly pray and implore before this Hon9ble court
to kindly

Adjudge and declare that:

1. The writ petition filed under article 226 is not maintainable.

2. Land acquisition by the state government for a larger public interest is
constitutional.
3. The dam construction doesn’t violate article 21, article 300 A and article
19(1)(g) of constitution of India
4. The environmental clearance certificate granted by the ministry of
environment and forests is constitutional.

And pass any order that the court may deem fit in the intrest of equity, justice and good
conscience

And for this act of kindness the respondent in duty bound for ever shall pray.

All which is respectfully submitted.

COUNSEL FOR
RESPONDENT

Place:

Date:

Sd/

Counsel for respondent