Ist MOOT COURT PROBLEM

• A Public Interest Litigation (PIL) has been filed by the People’s Union for
Civil Liberties under Article 32 of the Constitution of India, against the
large scale pollution being caused due to the enormous discharge of
untreated effluent by tanneries and other industries located in Sunshine
State. The Petitioner alleges that the tanneries have discharges
untreated effluent into agricultural fields, waterways and open lands
ultimately flowing into river ‘Moona’ which provides the main source of
water for human consumption of the state. The pollution has risen to
such an alarming stage that drinking water has reached a poisonous
level.

• The Agricultural Research University of the State after due research has
found that nearly 50,000 hectares of agricultural land in the river belt
has become either partially or totally unfit for cultivation. An expert
committee constituted by the State has found the allegations to be true.
It is argued on behalf of the tannery owners that the tannery business is
a big foreign exchange earner and the main source for development of
the area and it has come to stay and cannot be stopped. On this the
main question that arose is, should the tanneries be encouraged on the
basis of monetary benefits and development be considered more
important than issues of health of lives of lakhs of people?

• Note: Students are required to prepare and submit written

submissions on behalf of both Petitioner as well as Respondent and
must make oral submission either on behalf of petitioner or
respondent.

• Whether this PIL admissible before Supreme Court?

• Is there any violation of ‘Precautionary Principle’?

• Whether tanneries be asked to pay compensation to reverse the

degraded environment?
• Is there any “Absolute Liability” on the part of tanneries to pay
compensation to the victims in the affected areas?

• Is there any violation of the provision of Cr.P.C?

• Can pollution fine be imposed?

• Whether or not balancing development and ecology would be hazardous

to life within the meaning of Art-21 of the constitution.

• Are there any violations of any provision of Environment Protection Act,

1986 by the tanneries? If so what is the wrong and remedy prescribed
under the law.

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