PIMR Respondent

Padma Shri Dr. N.N.
Jain National Moot Court Competition, 2023
Team Code: R19
Before the Hon’ble Supreme Court of Indiana
PIL under Article 32 of Constitution of Indiana
In The Matter Of
Environmental NGOs & Ors. …………………………….Petitioner
Vs.
Government of Indiana ……………………………………Respondant
Most Respectfully Submitted before the Hon’ble Supreme Court of Indiana
MEMORANDUM ON THE BEHALF OF THE RESPONDENT
Page 1
Padma Shri Dr. N.N. Jain National Moot Court Competition, 2023
TABLE OF CONTENT
List of Abbreviations
Index of Authorities
Statement of Jurisdiction
Statement of Facts
Issues Raised
Summary Of Arguments
Arguments Advanced
Prayer
Page 2
LIST OF ABBREVIATIONS
ABBREVIATIONS EXPANSIONS
Sec Section
& And
AIR All India Reporter
SC Supreme Court
V. versus
Ors. Ors.
HC High Court
Hon’ble Honorable
CONSTI. Constitution
ACC. According
P. Page
r.w.s Read with section
SCC Supree Court Cases
IUCN International Union for Conservation of
Nature
UNFCCC United Nation Framework Convention on
Climate Change
GHG GreenHouse Gas
NGRBA Act, 2016 National Ganga River Basin Authority
Act, 2016
INDEX OF AUTHORITY
Page 3
A. CASES
1. Society for HR & C.L. v. Union of India

2. S.P. Gupta v. Union of India
3. Janta Dal v. S.H. Choudhary
4. D.R. v. State of Kerala
5. K.C. Malhotra v. State
6. M.C. Mehta v. Union of India
7. Ivory Traders & Mfg. Assn. v. Union of India
8. S. Jagannath v. Union of India
9. Networking of Rivers J.T in re.
10. N.D. Jayal v. Union of India
11. Narmada Bachao Andolan v. Union of India
12. Provisional pictures v. Wednesbury
13. Alaknand Hydropower Project Company Ltd. v. anuj Joshi &
Ors.
B. Online Sources and Research Papers

1. http://www.cop14.gov.in
2. Unfccc.int/essential background
3. https://unfccc.int
4. United Nation, Press Release
5. https//cpcb.nic.in Official site if Central Public and Central Board of
Indiana
6. GRBEMP Interim Report: IIT Consortium: August 2013
C. Statutes Referred
1. Constitution of India
a. Preamble
b. Public Interest Litigation under Article 32
c. Article 14,21,19
d. Article 48A and 51A (g)
2. National Ganga River Basin Authority Act, 2016
a. Preamble
Page 4
3. Environment Protection laws and The Environment (Protection) Act,

1986
a. Section 3
D. International Conventions
1. United Nations Framework Convention on Climate Change

2. Paris Agreement
3. Kyoto Protocol
E. Books Referred
1. Constitution of India: Narender Kumar, M.P. Jain 8th edition
2. Envionment Law:SP. Jaiswal & Nishta Jaiswal
3. Environmental Studies: Dr. Premnath
4. Administrative Law: Dr. J.J.R Upadhyaya
5. Intellectual Property Right: V.K. Ahuja
F. Online Sources (Case Laws and Judgements)
1. SCC online
2. Manupatra
3. Indian Kanoon
4. CaseMine
5. Law Library India
G. Other Sources
1. Ipleaders
2. Legalservice India
3. UN Conventions
STATEMENT OF JURISDICTION
Page 5
THE HON’BIE SUPREME COURT EXERCISES JURISDICTION TO HEAR AND

ADJUDICATE OVER THE MATTER UNDER ARTICLE 321 OF THE
CONSTITUTION OF INDIANA.
STATEMENT OF FACTS
1.1. Passing of Law by Government
1
32. Remedies for enforcement of rights conferred by this Part
(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by
this Part is guaranteed
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of
habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the
enforcement of any of the rights conferred by this Part
(3) Without prejudice to the powers conferred on the Supreme Court by clause ( 1 ) and ( 2 ), Parliament may by law
empower any other court to exercise within the local limits of its jurisdiction all or any of the powers
exercisable by the Supreme Court under clause ( 2 )
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution
Page 6
The Central Government of Indiana recently passed a law aimed at

promoting economic growth by allowing large- scale industrial
development in ecologically sensitive areas. The law provides for the
establishment of a regulatory body to oversee the implementation of
environmental safeguards, but critics argue that the body lacks sufficient
independence and is heavily influenced by industrial interests.
1.2. Government’s plan to construct Dam
The government plans to construct a new dam on the river Sanges,

aimed at increasing the country’s hydroelectric power generation
capacity.
1.3. Impact of Dam on River Sanges
The proposed dam would be one of the largest in the world, and would
have significant environmental and social impacts on the region and is
located in an area that is home to several endangered species, including
the Sanges river dolphin and the Gharial crocodile, which are both listed
as critically endangered under the IUCN Red List. The area is home to
several indigenous communities who rely on the river for their
livelihoods, including fishing and agriculture.
ISSUES RAISED
ISSUE 1
WHETHER THE PETITIONERS HAVE THE STANDING TO BRING THE

CASE, AND WHETHER THEY HAVE DEMONSTRATED THAT THE LAW
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WILL CAUSE SIGNIFICANT HARM TO THE ENVIRONMENT OR PUBLIC

HEALTH?
ISSUE 2
WHETHER THE LAW VIOLATES THE CONSTITUTIONL RIGHTS TO A

HEALTHY ENVIRONMENT, AND IF SO, WHETHER THE VIOLATION IS
JUSTIFIABLE UNDER THE DOCTRINE OF PROPORTIONALITY?
ISSUE 3
WHETHER THE LAW VILOATED INDIA’S INTERNATIONAL OBLIGATIONS

UNDER THE UNFCCC AND PARIS AGREEMENT?
ISSUE 4
WHETHER THE CONSTRTUCTION OF DAMS WOULD VIOLATE THE

PROVISIONS OF THE NATIONAL GANGA RIVER BASIN AUTHORITY ACT,
2016?
ISSUE 5
WHETHER THE USE OF BLOCKCHAIN TECHNOLOGY, ARTIFICIAL

INTELLIGENCE AND METAVERSE- BASED VISUAL REPRESENTATION
RAISE NEW LEGAL AND ETHICAL ISSUES, SUCH AS DATA PRIVACY,
INTELLECTUAL PROPERTY, AND CULTURAL APPROPRIATION, AND
WHETHER THESE ISSUES NEED TO BE ADDRESSED IN THE CONTEXT OF
THE DAM CONSTRUCTION PROJECT?
SUMMARY OF ARGUMENTS
Page 8
ISSUE 1. Whether the petitioners have the standing to bring the case, and
whether they have demonstrated that the law will cause significant harm
to the environment or public health?
It is humbly submitted before the hon’ble supreme court that the petitioner
have no standing to bring the case and they have demonstrated that the law
does not cause significant harm to the environment or public health.
Further it is stated that the Central Government of Indiana passed a law aimed
at promoting economic growth by allowing large scale industrial development
in ecologically sensitive areas, the government also plans to construct the dam
on the River Sanges, aimed at increasing the country’s hydroelectricity power
generation capacity. The proposed dam is necessary to increase the country’s
hydroelectric power generation capacity and reduces its reliance on fossil fuels.
They claim that the dam will provide a reliable and sustainable sources of
energy, and that it will create jobs and stimulate economic growth in the
region.
ISSUE 2. Whether the law violates the constitutional right to healthy
environment, and if so, whether the violation is justifiable under the
doctrine of proportionality?
It is humbly submitted before the hon’ble court that the law does not violates
the constitutional rights to a healthy environment and it is completely
justifiable under the doctrine of proportionality.Right to water, as also quality
of life, are envisaged under Article 21, but also has been recognised in Article
47 and 48-A. Article 51-A furthermore, makes a Fundamental duty of every
citizen to protect and improve the natural environment, including forest, lakes,
river and wildlife. To ensure the sustainable development is also one of the
goals of the Environment Protection Act, 1986. If the Act is not armed with the
powers to ensure sustainable development, it will become a barren shell. In
other words, sustainable development is one of the means to achieve the object
and purpose of the Act as well as the protection of life under Article 21.
Acknowledgement of this principle will breathe a new life into our
environmental jurisprudence and constitutional resolve .
ISSUE 3. Whether the law violates India’s International Obligations under

the UNFCCC and the Paris Agreement?
Page 9
It is humble submitted before the hon’ble court that the law does not violates
India’s International Obligations under the UNITED NATIONS FRAMEWORK
CONVENTION ON CLIMATE CHANGE AND THE PARIS AGREEMENT. it is
submitted before the court that the Indiana is also one of the country who
signed as a representatives with the ‘The United Nation Framework Convention
on climate change’. The main aim of the convention is to take steps reduce
their emissions of gases believed to contribute to global warming but with a set
of arrangements between the government which makes a significant advance in
international co-operations on development and environment issues secondly it
led to enormous increase in public awareness of the issues that were tackled in
the process – an awareness that ought to facilitate the adoption of policies and
allocation of additional resources to fulfil the task.
ISSUE 4. Whether the construction of dam would violate the provisions of

the National River Ganga Basin Authority Act, 2016?
It is humbly submitted before the hon’ble court that the construction of dam
does not violates the provisions of National River Ganga Basin Authority Act,
2016.
ISSUE 5. Whether the use of blockchain technology, artificial intelligene

and metaverse- based virtual representation raise new legal and ethical
issues, such as data privacy, intellectual property, and cultural
appropriation, and whether these issues need to be addressed in the
context of the dam construction project?
ARGUMENTS ADVANCED
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10
ISSUE 1. Whether the petitioners have the standing to bring the case, and
whether they have demonstrated that the law will cause significant harm
to the environment or public health?
It is humbly submitted before the hon’ble supreme court that the petitioner
have no standing to bring the case and they have demonstrated that the law
does not cause significant harm to the environment or public health.
Further it is stated that the Central Government of Indiana passed a law aimed
at promoting economic growth by allowing large scale industrial development
in ecologically sensitive areas, the government also plans to construct the dam
on the River Sanges, aimed at increasing the country’s hydroelectricity power
generation capacity. The proposed dam is necessary to increase the country’s
hydroelectric power generation capacity and reduces its reliance on fossil fuels.
They claim that the dam will provide a reliable and sustainable sources of
energy, and that it will create jobs and stimulate economic growth in the
region.
1.1. Locus Standi
It is submitted that the “LOCUS STANDI” means the right to move the court for
judicial redressal, is available only to those, whose legal right or legally
protected interest, has been infringed. This rule results in the denial of equal
access to justice to those who, because of their poverty or socially or
economically disadvantageous position, are unable to approach the court for
relief.2
It is submitted that the Courts have been very careful in avoiding vexations
and frivolous litigations. At times, the courts have declined to entertain the
petition framed as a PIL, since it did not satisfy the requirement laid down in
certain cases.3 It was ruled that the relaxation of the rule of locus standi did
not give any right to anybody or meddlesome interloper to approach the court
under the guise of PIL.4
2
See infra Chapter 15 on “Constitution of India”
3
See e.g., Society for HR & C.L. vs Union of India
4
S.P. Gupta v. Union of India; AIR 1982 SC 149
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11
It is further submitted that the court must be careful in entertaining PIL which
necessitates a careful scrutiny into bona fide petitioners, apart from
winnowing, genuine from frivolous petitions. Such abuse of PIL not only
criminally wastes the valuable time of the court but also creates a frustration
in the mind of the genuine litigants. 5 It has been held that the forum of PIL is
not mean for serving political purpose or solving political problem where no
legal wrong or legal injury to petitioner or any identifying class of people, is
shown. It has been ruled that PIL must disclose his identity so as to enable the
court to decide that the in format is not a wayfarer or officious intervener
without any interest or concern. 6 The system of administrative framework with
is centralized environment appraisal may lead to conflict between the project
authorities and environment authorities. 7 Therefore, it is suggested that project
authorities should be compelled to consider all environmental factors from the
very inception of the project and any conflict between developmentversus
environment, should be avoided by taking into consideration environmental
costs and benefits.
1.2. The Law Doesnot Violate Fundamental Rights
It is humbly submitted that environment protection is one of the fundamental
right under the Constitution of India. Though specific provisions for the
protection of environment are found in the directive principles (Part IV) and
fundamental duties (Part IV-A), yet right to live in a healthy environment has
been interpreted by the judiciary into various provisions of Part III dealing with
fundamental rights. Thus the judiciary in India has provided impetus to the
Human Rights approach for the protection of environment.
1.2.1. Right to life in Healthy Environment

It is submitted that Art. 21 is the heart of Fundamental rights and has received
expanded meaning from time to time and there is no jurisdiction as to why
5
Janta Dal v. H.S. Chaudhary; AIR 1993 SC 892
6
See D.R. Centervs State of Kerala; 2008 (3) SCALE 532
7
The conflict between environment and development was highlighted by the environmental
in the Silent Valley Project and the Tehri Dam Project
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12
right to life in healthy environment, cannot be interpreted in it. For healthy

existence and preservation of the essential ingredients of life, stable ecological
balance is required. Arti. 21 guarantee a fundamental right to live-life of dignity
to be lived in a proper environment free of danger of disease and infection. It is
an establishment fact that there exists a close link between life and
environment. The fundamental rights and, in particular, right to life would
become meaningless if there is no healthy environment.8
It is submitted that the government take proper measures to ensure that the
construction of the dam does not violates any legal right of the citizens, it also
ensures for the protection of the environment. In K.C Malhotra vs. State9 it
was held that right to live with human dignity is the fundamental right of every
Indian citizen and, Therefore, in the discharge of its responsibilities to the
people, State has to provide atleast minimum conditions ensuring human
dignity. Accordingly, the Court directed that there must be sewage line from
which the filthy water may flow out. The drainage must be covered and there
should be proper lavatories for public convenience which should be regularly
cleaned. Public Health and safety cannot suffer on any count and all steps to
be taken as Article 47 makes it a paramount principle of government for the
improvement of public health as its primary duties.
It is submitted that in M.C. Mehta vs. Union of India,10 (popularly known as Taj
Mahal Case), the Supreme Court once again followed the path of sustainable
development and directed that the industries operating in Taj Trapezium Zone
(TTZ) using coke/coal as industrial fuel must stop functioning and they could
relocate to the alternative site provided under the Agra Master Plan. In this
case also the Supreme Court specified the rights and benefits to which the
8
See Paramjit S Jaiswal, development in environmental law
9
AIR 1994 MP 48
10
(1997) 2 SCC 353
Page
13
workmen of such industries were entitled and this, protected their right to
livelihood11 and followed the guiding principles of sustainable development.
It is submitted that in Ivory Traders & Mfg. Assn. vs Union of India, the Delhi
High Court justified the ban on business in animal species on verge of
extinction. The court held that the ban on trade in imported ivory and articles
made therefrom is not violative of article 14 of the constitution and does not
suffer from any of the mala fides, namely, unreasonableness, unfairness and
arbitrariness.12
Therefore, it is submitted that the government make dam for the welfare of the
public and it does not harm the environment in any way. The construction of
dam leads to a reliable and sustainable sources of energy, and that it will
create jobs and stimulate economic growth in the region.
ISSUE 2. Whether the law violates the constitutional right to healthy

environment, and if so, whether the violation is justifiable under the
doctrine of proportionality?
11
S. Jagannath v. Union of India, (1997) 2 SCC 87 at 150
12
AIR 1997 Del. 267 (F.B.)
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14
It is humbly submitted before the hon’ble court that the law does not violates
the constitutional rights to a healthy environment and it is completely
justifiable under the doctrine of proportionality.
2.1. Constitutonal Rights
It is submitted that right to water, as also quality of life, are envisaged under
Art. 21, but also has been recognised in Article 47 and 48-A. Article 51-A
furthermore, makes a Fundamental duty of every citizen to protect and improve
the natural environment, including forest, lakes, river and wildlife. 13
Further it is submitted that the Constitution of India, 1950 didn’t include any
provision for environmental protection or preservation. However the
Constitution (Forty Second Amendment) Act, 1976 introduced Article 48-A and
51A (g) which conferred the constitutional status of environmental protection.
(a) The State shall regard the raising of the level of nutrition and the standard of
living of its people and the improvement of pubic heath as among its primary
duties and, in particular, the State shall endeavour to bring about prohibition
of the consumption except for medicinal purposes of intoxication drinks and
of drugs which are injurious to health. 14
(b) The State shall endeavour to protect and improve the environment and to
safeguard the forests and wildlife of the country.15
(c) Article 51A of the Constitution of India, which contains the fundamental duty
of the citizen of India, Clause (g) of Article 51A states that to protect and
improve the natural environment including forests, lakes, rivers and wildlife,
and to have compassion for living creatures.
(d) The Central Government has the power to take all such measures as it deems
necessary for the purpose of protecting and improving the quality of
environment and preventing, controling and abating environmemntal
pollution.
It is further submitted that as such there are certain provisions, State have to
make laws and for the environment protection as well as for the development.
Therefore there is only a line between the environment protection and
development.
13
In re Networking of rivers JT 2012 (3) SC 234
14
See infra Article 47 of the Constitution of India.
15
See infra Article 48-A of the Constitution of India.
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15
It is humbly submitted that to ensure the sustainable development is also one

of the goals of the Environment Protection Act, 1986. If the Act is not armed
with the powers to ensure sustainable development, it will become a barren
shell. In other words, sustainable development is one of the means to achieve
the object and purpose of the Act as well as the protection of life under Art. 21.
Acknowledgement of this principle will breathe a new life into our
environmental jurisprudence and constitutional resolve. 16
Further it is submitted that in N.D. Jayal v. Union OF India17 the petitioners

contended that the Tehri Dam could endanger the seismic stability of the
Himalayan region, and that the further safety tests relating to the dam should
be directed by the court, before further continuance of the project is allowed.
It is humbly submitted that in Narmada Bachao Andolan v. Union of India18

the SC allowed the continuance of the Sardar Saovar Project. Stating that
sustainable development means what type or extent of development can take
place which can be sustain by nature/ecology with or without mitigation, and
that a large hydroelectric project is not known to have adverse impact on the
ecology. A Similar rationale was also relied on in the ND Jayal and Naba
Chandra Singh cases, allowing for the continuance of the projects in question.
In N.D. Jayal v. union of India, the court relied on Narmada BachaoAndolan v.
Union of India as a precedent, and further elucidated on the SDP, pronouncing
that the adherence of sustainable development principle is a sine qua non for
the maintenance of the symbiotic balance between the rights to environment
and development.19 Therefore it is submitted before the court that the
government maintaining a balance between the environment and sustainable
development, both are equally important for the public good.
2.2. Doctrine Of Proportionality is not Justified
It is humbly submitted that the doctrine of proportionality is applicable in

cases where rights are violated by administrative action and the courts
scrutinize administrative conduct specifically and go to the courts issue about
the accuracy of the authority conduct. Irrationality as a ground and legitimate
16
N.D. Jayal v. Union of India
17
(2004) 9SCC 362
18
Writ Petition (civil) 328 of 2002
19
Hydro Power Project in Uttrakhand by Debadityo Sinha
Page
16
expectation to challenge of any decision was developed by the Court

in Associated Provincial Picture House vs. Wednesbury,20 later came to be
known as “Wednesbury test” to determine ‘irrationality’ of an administrative
action decision of the Administrative authority shall be deemed to be
irrational:-
Further it is submitted that whether it is beyond the authority of law,not based

on evidence, based on irrelevant consideration, absurd in its violation of logic
or established moral standards that no reasonable person may make such a
decision on the facts and circumstances in question.
Further it is submitted that the government is not violating any ground of the
doctrine of proportionality, but even it has been states by the Apex Court ruled
that balance has to be maintained between environmental protection and
development activities, which can be achieved by strictly following the principle
of sustainable development, without which the life of coming generations will
be in jeopardy.21
Therefore, it is contended that the law does not violating any constitutional
rights, even the government leads to provide the economic growth and
sustainable development and further it is not justifiable violation under the
doctrine of proportionality.
ISSUE 3. Whether the law violates India’s International Obligations under

the UNFCCC and the Paris Agreement?
It is humble submitted before the hon’ble court that the law does not violates
India’s International Obligations under the UNITED NATIONS FRAMEWORK
CONVENTION ON CLIMATE CHANGE AND THE PARIS AGREEMENT. Further the
20
(1948) 1 KB 223
21
Harmonization of the two needs, i.e., environment protection and promotion of development, has led to the
concept of sustainable development, a development that meets the need of the present without compromising the
ability of future generation to meet their own needs. Report on “Our Common Future”, 1987.
Page
17
petitioner’s argue that the law under mines India’s commitment to reduce
greenhouse gas emissions and combat climate change which is denied by the
respondent.
It is humbly submitted that in the developing countries most of the

environment problems caused by under development. To defend and improve
the environment for the present and future generation has become an
imperative goal for mankind- a goal to be pursed together with, and in
harmony with, the established and fundamental goals of peace of worldwide
economic and social development.22 To achieve this environmental goal the
conference called upon the government and the peoples to exert common
efforts for the preservation and improvement of human environment for the
benefit of all the people and for their posterity.
Wherefore, it is submitted before the court that the Indiana is also one of the
country who signed as a representatives with the ‘UNFCCC'. The main aim of
the convention is to take steps reduce their emissions of gases believed to
contribute to global warming but with a set of arrangements between the
government which makes a significant advance in international co-operations
on development and environment issues secondly it led to enormous increase
in public awareness of the issues that were tackled in the process – an
awareness that ought to facilitate the adoption of policies and allocation of
additional resources to fulfill the task.23
3.1. The Convention on climate change and Paris Agreement
It is humbly submitted that the convention on climate change sets an overall

framework entered into force on 21 st March, 1994. The Conference of the
Parties to the Convention become the convention’s ultimate authority. 24
22
See Infra Environmental development study by Dr. PremNath
23
See infra the Environmental law by the P.S. Jaiswal
24
http://www.cop14.gov.in
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18
Further it is submitted that the Convention on Climate Change sets an overall

framework inter- governmental efforts to tackle the challenge posed by climate
change. It recognizes that the climate system is a shared resource whose
stability can be affected by industrial and other emissions of carbon dioxide
and other greenhouse gases.
Under the Convention, governments:
(i) Gather and share information on greenhouse gas emissions, national

policies and best practices;
(ii) Launch national strategies for addressing greenhouse gas emissions and
adapting to expected impacts, including the provision of financial and
technological support to developing countries;
(iii) Co-operate in preparing for adaptation to the impacts of climate change. 25
It is most humbly submitted that the Paris Agreement covers climate change

mitigation, adaptation, and finance. The Paris Agreement was negotiated by
196 parties at the 2015 United Nations Climate Change Conference near Paris,
France. As of February 2023, 195 members of the United Nations Framework
Convention on Climate Change (UNFCCC) are parties to the agreement. The
Paris Agreement was opened for signature on 22 April 2016 (Earth Day) at a
ceremony in New York. After the European Union ratified the agreement,
sufficient countries had ratified the agreement responsible for enough of
the world's greenhouse gases for the agreement to enter into force on 4
November 2016.26
It is submitted that both the agreements work on the reduction of greenhouse
gases emission and India is also one of the representative of the agreement.
Here the laws no effect these agreements because these agreements also deal
25
Unfccc.int/essential background
26
https://unfccc.int
Page
19
with the sustainable development which is equally important for the economic
as the environment.
3.2. Greenhouse Gases Emission
It is submitted before the court that the petitioner’s concerned regarding the
greenhouse gas emission is acceptable but the construction of dams is
essential for the development of the country. As the government take proper
measures to reduce the greenhouse gas emission.
Further it is submitted Indiana ranks third globally after China and USA with
5334 large dams in operation. About 411 dams are under construction. In
addition, there are several thousand smaller dams. These dams are vital for
ensuring the water security of the Country. In 2022, Andorra adopted a law on
the circular economy that aims at achieving several key objectives by 2035,
including sound and responsible consumption of water. A contribution of a
small country can assist the planet to tackle the challenges of planning and
water distribution, she said, while spotlighting that her Government is
developing a draft law to achieve Sustainable Development Goal 6 and its
targets.27
Hirakud Dam is built across the Mahanadi River, about 15 km from

Sambalpur in the state of Odisha. It is the longest earthen dam in the world. It
is one of the first major multipurpose river valley projects started after India's
independence.
Dam Rehabilitation and Improvement Project: The Scheme has four

components; (i) Rehabilitation of dams and associated appurtenances to
improve the safety and operational performance of selected dams in a
sustainable manner; (ii) Dam safety Institutional Strengthening to strengthen
the dam safety institutional setup in participating States as well as at the
Central level; (iii) Incidental Revenue Generation for sustainable operation and
maintenance of dams; and (iv) Project Management.28
27
United Nation, Press Release
28
Ministry of Jal Shakti
Page
20
Therefore, it is contended that the government does not violate the United
Nation Convention on Climate Change and the petitioner’s argue regarding the
greenhouse gas emission is completely denied. It is stated that every situation
and activity have their own prons and cons, similarly the construction of dams
may cause the gases at lower level but Based on 158 existing and 351
proposed dams, we present a multi-objective optimization framework showing
that low-carbon expansion of Amazon hydropower relies on strategic planning,
which is generally linked to placing dams in higher elevations and smaller
streams. Ultimately, basin-scale dam planning that considers GHG emissions
along with social and ecological externalities will be decisive for sustainable
energy development where new hydropower is contemplated.
ISSUE 4. WHETHER THE CONSTRTUCTION OF DAMS WOULD VIOLATE

THE PROVISIONS OF THE NATIONAL GANGA RIVER BASIN AUTHORITY
ACT, 2016?
It is humbly submitted before the hon’ble court that the construction of dam
does not violates the provisions of National River Ganga Basin Authority Act,
2016. It is stated that the Central Government has set up the National Ganga
River Basin Authority Act vide gazette notification dated 20 th Feb, 2009
collaboration institution of Central and State Government under the
environment protection act, 1986 for abatement of pollution free ganga. 29
29
https//cpcb.nic.in Official site if Central Public and Central Board of Indiana
Page
21
It is further submitted that wherefore, the Environmental Protection Act, 1986

ensures that sustainable development is one of the important goal of the act. If
the Act is not armed with the powers to ensure sustainable development, it will
become a barren shell. In other words, sustainable development is one of the
means to achieve the object and purpose of the act as well as the protection of
life under Article 21.30
It is submitted that the National Ganga River Basin Authority Act deals with
the water storage, hence there are two types of water storages centralized and
decentralized storages. Since, now the government deals with centralized
storage facilities in the form of dammed reservoirs on rivers. Dams may fulfil
several needs, such as hydropower generation, flood control navigation, in
addition to consumptive water use.31 By the various check dams could be built
on tributaries of the river Ganga in order to achieve better flood and disaster
management. In this way, formation of islands in the course of Ganga can also
be stopped. In addition, small hydropower plants could also be setup. 32
It is further submitted that dealing with the aspect of reconsidering the matter
in relation to hydro projects, these observations though are primarily in
relation to hydro power projects but the two significantly relevant aspects that
emerge and require consideration of the Tribunal in the present case are that
the entire belt of 100 kans is a eco sensitive area and there is a need for
complete and comprehensive demarcation of the no-go areas No- go areas is a
term of absolute connotation as in the area so declared there should be no
activity of development or otherwise of any nature that is not permitted in such
eco-sensitive and fragile areas. It would be opposed to the Principal of
Sustainable Development and would lead to serious adverse impact on
environment, ecology and biodiversity. Thus, the Tribunal while examining the
30
(2004) 9 SCC 392
31
GRBEMP Interim Report: IIT Consortium: August 2013
32
Environmental and social Management Framework, Ministry of Jal Shakti
Page
22
ambit and scope of the directions are comprehensive and squarely protect the
environment and ecology with a particular reference to the rivers. The pollution
of this is not only caused by the construction activities and development
activities per se.33
Therefore, it is contended before the court that the construction of dam does
not violates the right of any act, even it is the good for the sustainable
development. As it is clear in the facts that the construction of dam leads to a
reliable and sustainable sources of energy, and that it will create jobs and
stimulate economic growth in the region.
ISSUE 5. Whether the use of blockchain technology, artificial intelligene

and metaverse- based virtual representation raise new legal and ethical
issues, such as data privacy, intellectual property, and cultural
appropriation, and whether these issues need to be addressed in the
context of the dam construction project?
It is humble submitted before the hon’ble court that artificial intelligence and
block chain intelligence would help in the construction of dam in todays’ era.
The field of construction is well placed to benefit from advert of recent trends,
tools, and technologies such as big data, automation, standardization,
distribution, block chain and supply chain. The artificial intelligence and
things of internet offers great potential for the developing collaboration and
integrated environment for construction management.
33
Alaknand Hydro power project company ltd v. Anuj Joshi &Ors.
Page
23
It I humbly submitted that image Recognition and Sensors-on- Site technology

use cameras and other sensors to assess vast quantities of video, pictures, and
other recorded conditions from worksites. Such technology has the potential to:
(1) monitor worksite conditions for safety risks and hazards; (2) enhance
equipment and material management, boosting productivity; and (3) improve
worker safety by identifying unsafe behaviour to inform future training
priorities.
Further it is submitted that in the Indian Subcontinent, the challenges of dam
construction are not tied to a particular project, but to India’s interest in
hydropower more broadly. In 2019, the government granted renewable energy
status to hydropower projects, granting the same legal protections to
hydropower projects of all sizes, and encouraging further construction of dams
as India looks to meet its massive energy need; since 1990, its total electricity
consumption has risen by a vast 459%.34
It is submitted that artificial Intelligence provides relevant data, which serves
as a guide for dam owners. This technology can be used in mapping the
electricity generation, transportation, population, and wastewater treatment
infrastructure. These things could be affected if the dams aren’t maintained. It
can also help minimize safety risks to dam workers. Accurate dam monitoring
detects movements based on historical dam events to determine if personnel
deployment is practical and safe. Dam owners and operators can easily see
trends at more frequent intervals than traditional survey strategies. It also
minimizes safety risks on dam sites.Dam monitoring with the help of AI can
help reduce accidents in dam construction and operation. Inspections and
precautionary measures promote greater productivity of operators.
Therefore, it is humbly contented that the artificial intelligence help in
construction of dams in many ways, without causing any harm to others even
it leads to sustainable development. Hence it is stated that by using artificial
34
Power technology.com
Page
24
intelligence does not raise new legal and ethical issuesin the context of the dam
construction project
PRAYER
Wherefore in the light of facts presented, issued raised, arguments advanced and authorities
cited, the counsel on the behalf of petitioner before this hon’ble court pray that it may be pleased
to adjudge and declare that:
1. The petitioner does not have Standing to bring the case and the law will not cause
significant harm to the environment of public health.
2. The law does not violate the Constitutional right to healthy environment and the violation
is not justifiable under the doctrine of proportionality.
3. The law does not violate India’s International obligations under the UNFCCC and Paris
agreement.
4. The construction of dam does not violate the NRGBA Act, 2016
Page
25
5. The use of block chain technology and AI does not raise new legal and ethical issues in
the context of dam construction project.
Also pass any order that hon’ble court may deem fit in the favour of the petitioner to meet the
ends of equity, justice and good conscience.
For this act of Kindness, the petitioner shall duty bound forever pray.
Counsel for Respondent
Page
26

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Padma Shri Dr. N.N.

Jain National Moot Court Competition, 2023

Team Code: R19

Before the Hon’ble Supreme Court of Indiana

PIL under Article 32 of Constitution of Indiana

Environmental NGOs & Ors. …………………………….Petitioner

Government of Indiana ……………………………………Respondant

Most Respectfully Submitted before the Hon’ble Supreme Court of Indiana

MEMORANDUM ON THE BEHALF OF THE RESPONDENT

1. Society for HR & C.L. v. Union of India

B. Online Sources and Research Papers

2. National Ganga River Basin Authority Act, 2016

3. Environment Protection laws and The Environment (Protection) Act,

1. United Nations Framework Convention on Climate Change

F. Online Sources (Case Laws and Judgements)

THE HON’BIE SUPREME COURT EXERCISES JURISDICTION TO HEAR AND

1.1. Passing of Law by Government

The Central Government of Indiana recently passed a law aimed at

1.2. Government’s plan to construct Dam

The government plans to construct a new dam on the river Sanges,

1.3. Impact of Dam on River Sanges

WHETHER THE PETITIONERS HAVE THE STANDING TO BRING THE

WILL CAUSE SIGNIFICANT HARM TO THE ENVIRONMENT OR PUBLIC

WHETHER THE LAW VIOLATES THE CONSTITUTIONL RIGHTS TO A

WHETHER THE LAW VILOATED INDIA’S INTERNATIONAL OBLIGATIONS

WHETHER THE CONSTRTUCTION OF DAMS WOULD VIOLATE THE

WHETHER THE USE OF BLOCKCHAIN TECHNOLOGY, ARTIFICIAL

ISSUE 3. Whether the law violates India’s International Obligations under

ISSUE 4. Whether the construction of dam would violate the provisions of

ISSUE 5. Whether the use of blockchain technology, artificial intelligene

1.2.1. Right to life in Healthy Environment

right to life in healthy environment, cannot be interpreted in it. For healthy

ISSUE 2. Whether the law violates the constitutional right to healthy

2.1. Constitutonal Rights

It is humbly submitted that to ensure the sustainable development is also one

Further it is submitted that in N.D. Jayal v. Union OF India17 the petitioners

It is humbly submitted that in Narmada Bachao Andolan v. Union of India18

2.2. Doctrine Of Proportionality is not Justified

It is humbly submitted that the doctrine of proportionality is applicable in

expectation to challenge of any decision was developed by the Court

Further it is submitted that whether it is beyond the authority of law,not based

ISSUE 3. Whether the law violates India’s International Obligations under

It is humbly submitted that in the developing countries most of the

3.1. The Convention on climate change and Paris Agreement

It is humbly submitted that the convention on climate change sets an overall

Further it is submitted that the Convention on Climate Change sets an overall

Under the Convention, governments:

(i) Gather and share information on greenhouse gas emissions, national

(iii) Co-operate in preparing for adaptation to the impacts of climate change. 25

It is most humbly submitted that the Paris Agreement covers climate change

Hirakud Dam is built across the Mahanadi River, about 15 km from

Dam Rehabilitation and Improvement Project: The Scheme has four

ISSUE 4. WHETHER THE CONSTRTUCTION OF DAMS WOULD VIOLATE

It is further submitted that wherefore, the Environmental Protection Act, 1986

ISSUE 5. Whether the use of blockchain technology, artificial intelligene

It I humbly submitted that image Recognition and Sensors-on- Site technology

Counsel for Respondent

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