BEFORE THE HON’BLE SUPREME COURT OF ALBORO

IN THE MATTER OF_

NO FOSSIL FUEL (NFF)
_PETITIONER
V.
HATIMTAI GROUP INCORPORATION & GOVT. OF
ALBORO _RESPONDENT

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TABLE OF CONTENTS_ PageNo.
 LIST OF ABBREVIATIONS _3
 INDEX OF AUTHORITES _5
 STATEMENT OF JURISDICTION _8
 STATEMENT OF FACTS _9
 STATEMENT OF ISSUES _12
 SUMMARY OF ARGUMENTS _15
 PRAYER _19

2
LIST OF ABBREVIATIONS

& _AND
¶ _PARAGRAPH
AIR _All India Reporter
Anr. _Another
Art. _Article
Co. _Company
Corp. _Corporation
Dr. _DOCTOR
Ed. _Edition
Govt. _Government
Hon’ble _Honourable
i.e _That is
Ltd. _Limited
NFF. _NO FOSSIL FUEL
NGO. _NON GOVERNMENT ORGANISATION
No. _Number
Ors. _others

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Pvt. _Private
PIL _PUBLIC INTERESRT LITIGATION
SC _Supreme court
SCC _Supreme court cases
SIGN _SIGNATURE
SCR _Supreme court reports
SPL _SPECIAL LEAVE PETITION
U/S _Under section
United Hashiana _ UH

V. _Versus
Vol. _VOLUME
WWW _World Wide Web

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INDEX OF AUTHORITIES
 BOOKS REFFERED_

 ENVIRONMENTAL LAW
 IPROFESSIONAL AUTHOR, INFORMATION
TECHNOLOGY ACT, 2000
 APAR GUPTA, Commentary on
Information Technology Act,2011
 Dr. S.K.KAPOOR ,INTERNATIONAL LAW & HUMAN
RIGHTS,CENTRAL LAW AGENCY,12TH EDITION
 INFORMATION AND TECHNOLOGY ACT ALONG
WITH RULES AND REGULATIONS,2000 ,BARE ACT
 SHANTI KUMAR, INTRODUCTION TO
ENVIRONMENTAL LAW, INDIA , 2008, 2nd EDITION.
 FOREST ACT, 2010.
 AIR PRVENTION AND CONTROL OF
POLLUTION,1981.
 Dr. KAILASH RAI, PUBLIC INTEREST
LAWYERING,LEGAL AID & PARA-LEGAL
SERVICES, CENTRAL LAW PUBLICATIONS,
3RD EDITION, 2005

5
 CONSTITUTION_
 D.D.BASU COMMENTARY ON THE
CONSTITUTION OF INDIA, 2007, 8th
EDITION.
 M.P.JAIN, INDIA CONSTITUTIONAL LAW,
LEXIS NEXIS, INDIA, 2010, 6th EDITION.
 THE CONSTITUTION OF INDIA,BARE ACT.

 WEBSITES_
 www.lawnotes.in
 www.lexisnexisacademic.com
 www.legalserviceindia.com
 www.legalcrystal.com

 www.vakilno.1.com
 www.manupatra.com
 www.environmenta-mainstreaming.org
 www.thebluebook.com
 Envfor.nic.in

6
 CASE LAWS CITED/REFFERED_
 RAMAN & RAMAN LTD. V. STATE OF
MADRAS & ANR.
 M.S.SKY HIGHWAY PVT. LTD. V. THE
STATE TRANSPORT APPELATE
TRIBUNAL.
 Nazir Bhai Haji Ghisabhai v.
Phoolchand munnalal jaiswal & ors.
 Mahesh Bansal v. Executive Engineer
(fcd. 1)
 AVINSH BAJAJ V. STATE

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STATEMENT OF JURISDICTION
The RESPONDENT submits to the jurisdiction
of the HON’BLE SUPREME COURT against the
filing of PUBLIC INTEREST LITIGATION under
art. 32.

The HON’BLE SUPREME COURT has exclusive

jurisdiction to try and entertain this appeal
under Art. 32 of Indian constitution thats
maintainable or not.

The PETITIONER has approached ths HON’BLE

SUPREME COURT under Art. 32 for the
violation of fundamental rights and therefore
the jurisdiction under art.32 doesn’t apply.

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STATEMENT OF FACTS
(1)Alboro is a developing country with thesecond largest
population in the world. It has more than 300 million people
who live without access to electricity.

(2)United Hashiana [hereinafter UH] is a developed nation

and has a total population of 300 million people. UHdoes not
have any issues relating to access of energy. The human
development index in this country is 0.920. Its energy system
majorly runs on fossil fuels. UH has withdrawn from the Paris
Agreement, thereby dishonoring its international obligation of
shifting to clean and renewable energy sources.

(3)Hatimtai Group Incorporation[hereinafter Hatimtai

Group] is a group of multi-national companies that
manufactures automobiles, heavy-vehicles and related parts,
explores coal and produces thermal energy. Hatimtai Group is
registered in the UH. Its headquarters are also located within
the territory of UH. As Hatimtai is situated in UH and UH
Denies and withdraws itself from the PARIS AGREEMENT.

(4)No Fossil Fuel [hereinafter NFF] is an international non-

profit organization registered in UH. NFF advocates use of
cleaner and renewable sources of energy to address the issue
of access to energy for all. NFF’s major work includes
advocating for solar energy industries and against coal
industries. Major funders of NFF are leading solar energy
industries in the world.

(5)Since NFF latter promotes the use of fossil fuels and

products that run on fossil fuels which contributes in higher
green house gas emissions.

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(6)In 2015, Hatimtai emissions scandal had become an
international issue, when a scholar from Alboro identified
misreporting and false claims of low emissions from
Hatimtaimanufactured automobiles. In contradictory ,
HATIMTAI has clamed that there is no error in the emissions
test that took place at hatimtai testing lab.

(7)Hatimtai has started a project to build the world’s largest

thermal power plant in Mundru, Alboro. The project sought to
import coal from various countries including UH and Auzaralia.

(8)With rapid industrialization, there is an ever increasing

demand for energy in Alboro. On 15th June, 2016 due to
highest energy consumption in Alboro, there was a breakdown
of northern electricity grid of Alboro due to which northern
Alboro suffered blackout for two days. With this turn of events,
the central government felt an inevitable need to start the
operation of Mundru Thermal Power plant as soon as possible.
As a matter of policy, the central government of Alboro ordered
the construction of a railroad of 800 kms from the largest coal
mines in Alboro to the Mundru Power Plant on 15th July, 2016.

(9)On 31st July 2016 a public consultation process was held in

the sensitive areas under Forest Rights Act, 2006 that were
covered by the railroad. After this consultation, conditional
Forest Clearance and Environmental Clearance were granted by
the Ministry of Environment, Forest and Climate Change of
Alboro, on 30th September 2016 and 14th October 2016
respectively, for laying down the railroads over 800kms. The
project is scheduled to be completed by 31st March, 2017 so
that the government of Alboro can guarantee energy security
and energy justice to its people.

(10)Coal is necessary to provide energy justice to more than

300 million people in Alboro. The largest coal power plant being
set up by the Hatimtai Group would also bring employment to
thousands of people.

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(11). HATIMTAI and the government of alboro emphasized on the
necessity of this policy to serve enery to the citizen of ALBORO. Both
HATIMTAI GROUP and ALBORO are represented by the same counsel
and have challenged the maintainability of this PIL suggesting
alternative legal remedies. They emphasize that this PIL is personal
interest litigation and does not involve the fundamental rights
guaranteed under the constitution.

(12). While the final hearing of this petition was pending before the
supreme court of ALBORO. There was a global cyber attack on the
transactional server, website and data of HATIMTAI GROUP on 30 th
November, 2016 . The hacked website now displays the words
“FOSSIL FUELS WILL DIE” & “SAY NO TO FOSSIL FUELS”. The phrase “
SAY NO TO FOSSIL FUELS” is also the motto of NFF. The central
government of alboro along with the HATIMTAI GROUP Suffered
huge economic losses . Thereafter , the central government formed a
cyber crime investigation team to investigate The cyber offence.

(13).The CYBER CRIME investigation team submitted its report on

15th January, 2017 stating the cyber crime originated in UH around
the headquarters on NFF. The report by the cyber crime investigation
team states that the cyber attacks were planned and organised. It
also stated that the origin of the cyber attack was found to be within
10 km radius around the headquarters of NFF in UH.

(14). NFF is totally against us in every aspects sorting of a personal

grudge.

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STATEMENT OF ISSUES

(1).NFF IS BEEN CONSTANTLY ORGANISING RALLIES AGAINST

US ON THE PURPOSE OF DEFAMING US AND DUE TO THEM
WE ARE SUFFERING A HUGE ECONOMICAL LOSS.
ACTIVITIES OF NFF AGAINST HATIMTAI GROUP IS
CONSTANTLY INCREASING DAY BY DAY.

(2). Both HATIMTAI GROUP and ALBORO are represented by

the same counsel and have challenged the maintainability of
this PIL suggesting alternative legal remedies.
WE emphasize that this PIL is personal interest litigation and
does not involve the fundamental rights guaranteed under
the constitution.

(3) LEGAL REMEDIES SHOULD BE SUGGESTED INSTEAD OF

SHUTING DOWN.
(4) IS THE PIL FILLED BY THE NFF IS A PERSONAL DISPUTE.
(5)IS THERE ANY VOILATION OF FUNDAMENTAL RIGHT.

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(6) ITS NOT A PUBLIC INTEREST LITIGATION BUT INSTEAD ITS
A PERSONAL INTEREST LITIGATION AS WE CAN SEE THE
ABOVE ACTED SCENARIOS OF THE NFF.

(7) THE CYBER ATTACK WAS DONE BY THE NFF AS ITS BEEN
CLEARLY INVESTIGATED AND BEEN REPORTED BY THE
INVESTIGATION TEAM IN THEIR REPORTS.THEY SHOULD BE
PUNISHED FOR THIS CRIME.

(8). DUE TO THEIR ILLICT AND CRIMINAL BEHAVIOUR,OUR

ORGANISATION HAS SUFFERED A LARGE AMOUNT OF
ECONIMIC LOSS FOR WE WHICH SHOULD BE COMPENSATED
AND THEY SHOULD BE HEAVILY PENALISED.
(9). DUE TO THE INCOMPETENT AND CRIMINAL ACT DONE BY
THE NFF’s ,WE STRICTLY DEMANDS TO ARREST THE FOUNDER
PRESIDENT OF NFF MR. RUI KAI THAT WAS SUPPOSED AND
WAS IN ALBORO AT THAT TIME WHEN THE CYBER ATTACK
TOOK PLACE. AS MR. RUI KAI IS CLAMING A SPL (SPECIAL
LEAVE PETITION BEFORE THE SC. OF ALBORO STATING THAT
HE IS NOT A CITIZEN OF UH BUT OF PAKIANA, WHERE CYBER
CRIMES ARE NOT AN OFFENCE AND ALSO ANOTHER A
DEFENCE OF EXTRA TERRITORIAL JURISDICTION OF IT ACT
2000. BUT THIS APPEAL IS NOT MAINTAINABLE AS THE CRIME
WAS INSTIGATED BY THE ACCUSED IN THE TERRITORY AND

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UNDER THE JURISDICTION WHERE CYBER HACKING IS A
CRIME.SO HIS SPL SHOULD BE REJECTED.

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SUMMARY OF ARGUMENTS
As its been stated that HATIMTAI GROUP corporation is
group of multinational companies that manufactures
automobiles , heavy vehicles and realed parts ,explores coal
and produces thermal energy.
HATIMTAI has also claimed in a scandle which was against
them for the high emissions of pollution emited from
HATIMTAI MANUFACTURED AUTOMOBILES.that there is no
error in the report and the emission tests that too placed at
HATIMTAI TESTING LAB.
HATIMTAI has also started a project to build the worlds
largest thermal power plant in MUNDRU, ALBORO which is in
a good deed .
As stated above we know that due to rapid industrialization
there was an increase in demand for energy in ALBORO. And
due to the highest energy consumption in ALBORO there was
a breakdown of nortern electricity grid of ALBORO on 15 th
june 2016. Due to which ALBORO sufferd blackout for two
days.with this turn of events , the central government also
felt an inevitable need to start the operation of MUNDRU
THERMAL POWER PLANT. As soon as possible. As a matter of
policy, the central govt. Of alboro ordered the construction
of rail road of 800 km from the largest coal mine in ALBORO
to the mundru power plant on 15th july 2016.

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On 31st July 2016 a public consultation process was held in the
sensitive areas under Forest Rights Act, 2006 that were
covered by the railroad. After this consultation, conditional
Forest Clearance and Environmental Clearance were granted by
the Ministry of Environment, Forest and Climate Change of
Alboro, on 30th September 2016 and 14th October 2016
respectively, for laying down the railroads over 800kms. The
project is scheduled to be completed by 31st March, 2017 so
that the government of Alboro can guarantee energy security
and energy justice to its people.

Coal is necessary to provide energy justice to more than 300

million people in Alboro. The largest coal power plant being set
up by the Hatimtai Group would also bring employment to
thousands of people.

NFF were constantly defaming us by organising rallieys against

us which was inappropriate .

Another act of insecurities was done by the NFF’s was to cyber

attacking us and hacking our data , servers and websites.

The cyber crime investigation team which was formed by

central Govt. Clearly states in their report which was presented
on 15th of January,2015 that the cyber crime was done by
NFF’s thus NFF were found guilty.

THE CYBER ATTACK WAS DONE BY THE NFF AS ITS BEEN

CLEARLY INVESTIGATED AND BEEN REPORTED BY THE
INVESTIGATION TEAM IN THEIR REPORTS.THEY SHOULD BE
PUNISHED FOR THIS CRIME.

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DUE TO THEIR ILLICT AND CRIMINAL BEHAVIOUR,OUR
ORGANISATION HAS SUFFERED A LARGE AMOUNT OF
ECONIMIC LOSS FOR WE WHICH SHOULD BE COMPENSATED
AND THEY SHOULD BE HEAVILY PENALISED.
DUE TO THE INCOMPETENT AND CRIMINAL ACT DONE BY
THE NFF’s ,WE STRICTLY DEMANDS TO ARREST THE FOUNDER
PRESIDENT OF NFF MR. RUI KAI THAT WAS SUPPOSED AND
WAS IN ALBORO AT THAT TIME WHEN THE CYBER ATTACK
TOOK PLACE.
IN FURTHERNESS AS MR. RUI KAI IS CLAMING A SPL (SPECIAL
LEAVE PETITION BEFORE THE SC. OF ALBORO STATING THAT
HE IS NOT A CITIZEN OF UH BUT OF PAKIANA, WHERE CYBER
CRIMES ARE NOT AN OFFENCE AND ALSO ANOTHER A
DEFENCE OF EXTRA TERRITORIAL JURISDICTION OF IT ACT
2000. BUT THIS APPEAL IS NOT MAINTAINABLE AS THE CRIME
WAS INSTIGATED BY THE ACCUSED IN THE TERRITORY AND
UNDER THE JURISDICTION WHERE CYBER HACKING IS A
CRIME.SO HIS SPL SHOULD BE REJECTED AND HE SHOULD BE
PUNISHED UNDER THIS TERRITORIAL JURISDUCTION FOR
THIS ACT OF CRIME.

AS ITS BEEN INITIATED THAT THE POWER PLANT IS BEEN

MADE FOR THE SAKE AND BETTERMENT OF THE PUBLIC SO
THAT IT WOULD HELP THE NATION FOR A BETTER PACE FOR
DEVELOPMENT AS IT WILL DO THE NEEDFUL TO FULFIL THE

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PROBLEM OF ELECTRICITY EHICH IS A MAIN ESSENTIAL FOR A
NATION TO BE CALLED A DEVELOPED ONE.

PROVIDING ELECTRICITY IS A NEEDFULL THING FOR THE

COUNTRY, AS WELL AS ITS GIVING EMPLOYMENT TOO TO
THE RESIDENTS THERE.

THE ACT DONE BY THE HATIMTAI GROUP IS A STEP CLOSURE

TO THE DEVELPOMENT OF THE NATION WHICH IS A BIG
THING.
SECTION 11 OF THE ENVIRONMENT ACT ALSO STATES THAT
ANYTHING WHICH IS DONE FOR THE SAKE OF HUMANITY IS
NIT AN OFFENCE.
PIL WHICH IS FILED BY NSS’s IS NOT MAINTAINABLE BECAUSE
ITS FOR THE SAKE OF PUBLIC INTEREST AND NOT AGAINST
THEM.
BY THE ACTS OF NFF’s YOU CAN SEE THAT THEY ARE ALWAYS
AGAINST US IN A WAY OR OTHER ALWAYS DEFAMING US
AND DOING PERSONAL ATTACKS.
HATIMTAI IS HELPING THE NATION TO DO ECONOMICALLY
BETTER BY PROVIDING ELECTRICITY.

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PRAYER
In light of the legal & principles cited, & in light of the
provisions of the constitution applied and the arguments
advanced, & in the light if the studies relating to the issues
referred to, the respondent most humbly prays that the
SUPREME COURT:
1. HOLD THAT THE PETITION FILED BY THE NRR IS NOT
MAINTAINABLE.
2. HOLD THAT THERE IS NO VIOLATION OF FUNDEMANTAL
RIGHTS OF THE PEOPLE.
3. FIND THAT THERE IS NO VOILATION OF
ENVIRONMETNAL RIGHTS & ALSO NO VOILATION OF
PROVISION OF THE FOREST ACT AS THERE IS A VERY
LITTLE DEGRADATION BUT INSTEAD OF THAT THERE
WILL BE ALOT BETTERMENT TOO. THUS PIL IS NOT
MAINTAINABLE.
4. AS HATIMTAI GROUP AND GOVT. BOTH challenges the
maintainability of this PIL suggesting alternative legal
remedies. They emphasize that this PIL is personal
interest litigation and does not involve the fundamental
rights guaranteed under the constitution
5. The founder of NFF’s i.e Mr. RUI KAI should be heavily
penalised and should be punished for bthe act done by
him in order oF defamation and cyber attack and losses
suffered by the respondent.

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6. THEIR APPEAL IS NOT MAINTAINABLE AND INSTEAD OF
THAT THEY SHOULD ARRESTED AND HEVILY PENALISED
UNDER THE SECTIONS 65,66,71,43 OF IT ACT,2000
WHICH IS MONETARY COMPENTATION OR PENALTY
UPTO 2 LAKHS AND IMPRISIONMENT UPTO 3 YEARS.

AND PASS ANY OTHER RELIEF,THAT THIS HON’BLE

COURT MAY DEEM FIT AND PROPER IN THE INTEREST OF
JUSTICE , EQUITY AND GOOD CONSCIENCE. AND
SUGGEST LEGAL REMEDIES.

FOR THIS ACT IF KINDNESS,THE RESPONDENT SHALL

DUTY BOUND FOREVER PRAY.

SIGN:
(COUNSEL FOR THE RESPONDENT)

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