MEMORANDUM ON BEHALF OF PETITIONER

LEGAL ISSUES

1. WHETHER THE PIL (PUBLIC INTEREST LITIGATION BROUGHT BEFORE THE

SUPREME COURT OF INDIANA IS MAINTAINABLE OR NOT?

2. WHETHER THE GOVT. OF INDIANA HAS DULY CONDUCTED PROPER

SURVEY BY AN INDEPENDDENT REGULATORY BODY ?

3. WHETHER THE LAW VIOLATES THE CONSTITUTIONAL RIGHT OFHEALTHY

ENVIRONMENT OR NOT?

4. WHETHER THE LAW VIOLATES ANY PROVISIONS CONTAINED IN OTHER

LAWS ?

5. WHETHER THE LAW VIOLATES INDIA’S INTERNATIONAL OBLIGATION

UNDER THE UNITED NATIUONMS FRAMEWORK CONVENTION ON CLIMATE
CHANGE AND PARIS AGREEMENT

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 MEMORANDUM ON BEHALF OF PETITIONER

SUMMARY OF ARGUMENTS

(1) WHETHER THE PIL (PUBLIC INTEREST LITIGATION BROUGHT BEFORE

THE SUPREME COURT OF INDIANA IS MAINTAINABLE OR NOT?

ARTICLE: 32
Remedies for enforcement of rights conferred by this part:-
It entitles the citizens of Indiana to move the supreme court or high court for the
enforcement of these rights. The state is forbidden from making any law that may
conflict with the fundamental rights.

A PIL is maintainable in case of violation of one or more fundamental rights. Under

no other situation will a PIL be maintained.

Any Indian citizen or organisation can move the court for a public interest/cause
by filing a petition:
1. In the SC under Article 32
2. In the High Courts under Article 226

Public interest Litigation (PIL) means litigation filed in a court of law, for the
protection of

“Public Interest”. Any matter where the interest of the public at large is affected can
be redressed by filing a Public Interest Litigation in a court of law such as
Pollution, Terrorism, Road safety, Constructional hazards, violation of poor
community ETC.
For filing a PIL, the person should be a citizen of India and it should be a case of
public welfare. If the fundamental rights of a group of people is being affected, a PIL
can be filed in the Supreme Court under Article 32.

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2. WHETHER THE GOVT. OF INDIANA HAS DULY CONDUCTED PROPER

SURVEY BY AN INDEPENDENT REGULATORY BODY ?

Eco-Sensitive Zones (ESZs) or Ecologically Fragile Areas (EFAs) are areas

aroundProtected Areas, National Parks, and Wildlife Sanctuaries. The purpose of
declaring ESZs isto create a shock absorbers space in the protected areas by
regulating and managingthe activities around such areas.

Prohibited Activities: Commercial mining, sawmills, industries causing pollution (air,

water, soil, noise, etc), the establishment of major hydroelectric projects (HEP), and
commercial use of wood.

SOCIAL IMPACT ASSESSEMENT ( SIA ) WITH RESPECT TO REHABILITATION

AND RESTETTLEMENT

there is an inadequate standard of control or lack of expertise on the part of

environmentalists, bio-diversity experts, social scientists, and social workers. That
creates a lack of understanding of the evaluation process of SIA.
Public participation and accountability for public opinion is negligible in the SIA
process, and indigenous knowledge and understanding get neglected in the
evaluation process.

ENVIORNMENT IMPACT ASSESEMENT.

It shall be noted that that screening scoping and impact analysis was carried out by
the persons working for corporation , posing a conflict of interest and ignore the
adverse effects on forest enviornment and on tribes .

THE concerned authorities under the act has been largely drawn by the interest of
industralist and politicians . enviornmental clearance was given wiythout the
application of mind .

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 MEMORANDUM ON BEHALF OF PETITIONER

3 .WHETHER THE LAW VIOLATES THE CONSTITUTIONAL RIGHT OF

HEALTHY ENVIRONMENT OR NOT?

Article49-A:

“The State shall endeavour to protect and improve the environment and to
safeguard the forests and wildlife of the country.” The said amendment imposed a
responsibility on every citizen in the form of Fundamental Duty.
By 42nd Amendment to the Constitution, the Parliament, with an object of
sensitizing the citizens of their duty, incorporated Article 51A in the Constitution,
inter alia, requiring a citizen to protect and improve the natural environment
including the forests, lakes, rivers and wild life and to have a compassion for living
creatures.

The expression life enshrined in Article 21 of the Constitution does not connote
mere animal existence or continued drudgery through life. It has a much wider
meaning which includes right to livelihood, better standard of living, hygienic
conditions in the workplace and leisure.

Right to Equality and Environment Protection (Article 14):

It casts a duty upon the state to be fair while taking actions in regard to
environmental protection and thus, cannot infringe article 14.

Right of life and Environment protection (Article 21):

Right to life includes the right to have a dignified life and also the bare necessities
of life like food, shelter, clean water and clothes. The right to live extends to having
a decent and clean environment in which individuals can live safely without any
threat to their lives. An environment shall be free from diseases and all sorts of
infections.

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 MEMORANDUM ON BEHALF OF PETITIONER

4. WHETHER THE LAW VIOLATES ANY PROVISIONS CONTAINED IN

OTHER LAWS ?

THE ENVIRONMENT (PROTECTION) ACT ,1985 to provide for the protection and
improvement of environment and for matters connected there with: and relate to
the protection and improvement of environment and the prevention of hazards to
human beings, other living creatures, plants and property;

THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981in this project a
dam is constructed where 32 sq. km forest will be cut down resulting in production
of methane gas resulting in increasing emissions of carbon dioxide in the
environment.

Hydropower projects are producing higher emissions than coal-fired

powergenerating the same amount of electricity plants.

VIOLATION OF THE ENVIRONMENT (PROTECTION) RULES, 1986

Net adverse environmental impact likely to be caused by an industry, process or
operation proposed to be prohibited or restricted.
Standards for quality of environment in its various aspects laid down for an area.
The biological diversity of the area.

DISPLACEMENT AND RESETTLEMENT REHABILATION OF INDEGHINOUS

COMMUNITIES AND JOB DISPLACEMENT

Section 5 of FRA, regulate access to community forest resources and stop any
activity which adversely affects the wild animals, forest and the biodiversity are
complied with.
Under Section 41 and 42 of the RFCTLARR Act, 2013 which protect their interests.
As per Section 41 (1), as far as possible, no acquisition of land shall be made in the
Scheduled Areas. As per Section 41(2), where such acquisition does take place, it
shall be done only as a demonstrable last resort.

VIOLATION OF NATIONAL RIVER GANGA BASIN AUTHORITY ,2016

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 MEMORANDUM ON BEHALF OF PETITIONER

5 WHETHER THE LAW VIOLATES INDIA’S INTERNATIONAL OBLIGATION

UNDER THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE
CHANGE AND PARIS AGREEMENT

The govt of indiva has the agreement with other internaional countries to protect the
rights of indeginous communities such as ILO CONVENTION 107 , PARIS
AGREEMENT

ILO CONVENTION 107

VIOLATION OF ARTICLE 2 AND ARTICLE 8 with regard to protection of cultural

and social identity

PARIS AGREEMENT
Peaking of greenhouse gas emissions as soon as possible, recognizing that peaking
will take longer for developing country Parties, and to undertake rapid reductions
thereafter in accordance with best available science, so as to achieve a balance
between anthropogenic emissions by sources

ON ACCOUNT OF FOREST CUT DOWN OF APPROXIMATELY 32 SQ .M THE

CARBONAND METHANE GASES WILL BE RELEASED IN AN ENVIORNMENT .
METHANE IS AGREEN HOUSE GASES ON RELEASE THERE WILL BE A CLIMATE
CHANGE . THEAFORESAID AUTHORITIES VIOLATED THE ARTICLE 2 AND
ARTICLE4 OF PARIS AGREEMENT

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 MEMORANDUM ON BEHALF OF PETITIONER

ARGUMENTS ADVANCED
LEGAL ISSUE 1

The right to access the courts of justice is available to individuals who are aggrieved
by the action of others. It is only when you are the affected or aggrieved person youare
able to approach the court of law for redressal. This means that there is a mechanism
to address the violation of individual rights. But the peculiar socio- economic
conditions that are unique to India strictly following the rule of locus standi i.e.,
whose right is violated alone can approach the court would result in restricting the
access to judicial process. For example what happenswhen an individual cannot
afford to reach out to the courts?
Does his right remain violated forever or is there any other recourse in such
situations? Thus, blindly following the rule of locus standi would cause greater
injustice.

Locus Standi is a Latin word which literally means ‘place of standing’. It refers to a
person’sstanding in the court of law. It means the right or capacity of a person to
bring a legal action or to appear in a court of law. In a Public Interest Litigation,
any person can approach the court of law on behalf of those who are aggrieved
persons the jurisdiction of the court. Without locus standi, one cannot be heard in
a court of law. The predominant feature of Public Interest Litigation is liberalization
of the traditional rule of standing by the Supreme Court. In a Public Interest
Litigation, any person can approach the court of law on behalf of those who are
aggrieved persons. This dilution in locus standi was done for reasons such as
poverty, ignorance, lack of knowledge and exploitation of vast masses, high cost of
litigation, democratization of justice, redress of public injuries and avoiding
plurality of litigation, curbing arbitrary State action and ensuring a responsible
government

Public Interest Litigation is a judicial doctrine that has tried not only to address the
circumstances in which a person is poor, ignorant, indigent or illiterate and cannot
afford to handle the litigation but also used in enforcing social rights. The justice
delivery system is brought to his doorsteps through Public Interest Litigation. The
focus is shifted from individual rights to group rights. Any public spirited person
who has interest in pursuing the wrongs done to others or a group of persons, can
access the courts of justice and fight for the rights of the disadvantaged and needy
group of individuals.

Public Interest law includes all efforts made to provide legal representation to the
unrepresented groups and interests. not only the poor and the disadvantaged but
also ordinary citizens who cannot afford lawyers to represent them when their
interests are affected by any action. Thus, the legal aid laid the foundation for
building the edifice of Public Interest Litigation in the world.

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 MEMORANDUM ON BEHALF OF PETITIONER

The Fundamental Rights are attributed its true scope by providing a constitutional
remedial mechanism for enforcement of these rights through an Mindependent
judiciary . These provisions related to FundamentaL Rights, Directive Principles of
State Policy and independent judiciary together provides a firm constitutional
foundation to the evolution of Public Interest Litigation in India. In a report on legal
aid in 1971, Justice P.N.Bhagwati observed that modifications may be brought in
the present adversary system while retaining its basic feature.

In Fertilizer Corp. Kamgar Union v. Union of India , the Supreme Court noted,
“It may become necessary in the changing awareness of legal rights and social
obligations to take abroader view of the question of locus to initiate a
proceeding….”

S. P. Gupta v. Union of India . The Supreme Court delivering itsjudgment through

Justice P. N. Bhagwati evolved a new rule that any member of public having
sufficient interest and with bonafide intention can maintain a petition for redress of
public wrong or public injury. Such a claim may be filed by any individual, citizens,
noncitizens, any groups or non-political, non- profit and voluntary organisations.

Several specialized NGOs and lawyers started bringing matters of public interest to
the courts on a much regular basis. The breadth of issues raised in Public Interest
Litigation also expandedtremendously—from the protection of environment to
corruption-free administration, right to education, sexual harassment at the
workplace, relocation of industries, rule of law, good governance, and the general
accountability of the Government.

SUPEREME COURT OF INDIAVA issued guidelines to be followed while

entertaining public intest litigation petitions received .clause 8 mentioned herein ,
states petitions pertaining enviornmental pollution , disturbance of ecological
balance , maintainence and protection of forest and wildlife ., are acceptable under
the purview of guidelines

SECTION 19 (B) of ENVIORNMENT

PROTECTION ACT ,1981

Any person who has given a notice of not less than 60 days of alleged offence and
his intention to make a complaint to CG or authority or officer prescribed .

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 MEMORANDUM ON BEHALF OF PETITIONER

On account of lapse of aforesaid period , we have filed a petition before the hon ‘ble
supereme court of indiava.

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 MEMORANDUM ON BEHALF OF PETITIONER

LEGAL ISSUE 2

Eco-Sensitive Zones (ESZs) or Ecologically Fragile Areas (EFAs) are areas around
Protected Areas, National Parks, and Wildlife Sanctuaries. The purpose of declaring
ESZs is to create a shock absorbers space in the protected areas by regulating and
managingthe activities around such areas.

The Supreme Court ordered in June 2022 that an eco-sensitive zone (ESZ) be
required to extend for at least one mile from all national parks, wildlife sanctuaries,
and protected forests across the nation.Over the years there have numerous
protests against eco-sensitive zones arguing that enforcement of the Environmental
Protection Act of 1986 and the Wildlife Protection Act of 1972 has caused
government officials to violate the rights of forest communities and adversely
damage their way of life and livelihood.It seeks to lessen ecological imbalances and
the conflict between humans and the natural world.Declaring ESZs aims to create
protected areas by regulating and limiting specific activities, particularly in the
vicinity of natural parks and wildlife sanctuaries.The Environmental Protection Act
of 1986 requires state governments to designate land within 10 kilometers of the
borders of national parks and wildlife sanctuaries as eco-fragile zones or Eco-
Sensitive Zones (ESZs)This was notified according to the National Wildlife Action
Plan (2002-2016) of the Ministry of Environment, Forest and Climate Change
(MoEFCC). The establishment of industries, the use of commercial timber, mining,
and tourism are prohibited in these Zones.

Additionally, it is completely forbidden to produce dangerous substances, release

solid or liquid waste, or engage in any activity that results in pollution of any type.

The lands around forests and animal corridors are frequently essential for
preserving biological relationships and should be protected as a result. By doing so,
the loss of biodiversity and the organic expansion of flora and wildlife would be
avoided.

Prohibited Activities: Commercial mining, sawmills, industries causing pollution

(air, water, soil, noise, etc), the establishment of major hydroelectric projects (HEP),
and commercial use of wood.
Regulated Activities: Felling of trees, the establishment of hotels and resorts,
commercial use of natural water, erection of electrical cables, drastic change of
agriculture system, e.g., adoption of heavy technology, pesticides, etc, widening of
roads.
Permitted Activities: Ongoing agricultural or horticultural practices, rainwater
harvesting,

organic farming, use of renewable energy sources, and adoption of green technology
for all activities.

The establishment of ecologically sensitive zones aims to preserve biodiversity and

ecological balance in various parts of the nation where the rapid expansion of
various development projects, such as the establishment of industry, mining, the

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 MEMORANDUM ON BEHALF OF PETITIONER

construction of dams, and the building of roads, pose a threat to the natural
environment and animal habitat.

Due to rising pollution, these development efforts have resulted in the depletion of
forest lands and hampered their natural expansion.

The regions designated for the survival and development of native plants and
animals mustbe shielded from human interference by erecting a barrier around
them.

The impact of human-made activities, such as industrialization and other

developmental activities, would be reduced in areas designated as ecologically
sensitive zones.
By providing a sustainable environment, creating ecologically sensitive zones helps
to avoid the loss of forestland, preserve biodiversity, stop soil deterioration, and
lessen human- animal conflict.

These areas were established to safeguard the environment while taking the socio-
economic development of nearby populations into account. Improving the local
environment helps the people living in around the zones as well.

The creation of the ESZ around protected places like national parks and wildlife
sanctuaries serves as a safeguard to lessen the detrimental effects of pollution and
the generation of hazardous waste.These are site-specific, based on local
characteristics, and deal with the preservation of a particularly endangered species
through safeguarding their natural environment.
The Eco-sensitive Zones regulations outline the 10 km perimeter around protected
areas that, in many jurisdictions, fall inside habitat zones and have an impact on
development activities.

The limits may impact the locals’ ability to go about their daily lives, therefore they
have generated some concerns. The locals’ traditional customs have been negatively
impacted by the current restrictions, which has raised concerns that it may worsen
their socioeconomic situation. Execution of The Environmental Protection Act 1986
and the Wildlife Protection Act 1972 makes the authorities ignore forest
communities’ rights and impact their life and livelihood. In 2022, MoEFCC removed
the clauses requiring recognition of forest rights and gram sabha’s consent as
preconditions for proposals under the forest rights act 2006.

SOCIAL IMPACT ASSESSEMENT ( SIA ) WITH RESPECT TO REHABILITATION AND

RESTETTLEMENT

SECTION 4 CHAPTER II OF RIGHT TO FAIR COMPENSATION AND

TRANSPARENCY IN LAND ACQUISITION ,REHABILITATION AND
RESETTLEMENT ACT ,2013 states that where land is acquired social impact
assesement shall be carried out . SUB SECTION 3 OF THE SAID ACT STATES that
SIA report made under subsection (1) shall be made available to public .

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 MEMORANDUM ON BEHALF OF PETITIONER

SECTION 7 of the act states about the appraisal of SIA REPORT by an independent
body . the regulatory authority lacks independence as lack of expertise in different
fields to evaluate the impact is one of the shortcomings of SIA. Often there is an
inadequate standard of control or lack of expertise on the part of environmentalists,
bio-diversity experts, social scientists, and social workers. That creates a lack of
understanding of the evaluation process of SIA. public participation and
accountability for public opinion is negligible in the SIA process, and indigenous
knowledge and understanding get neglected in the evaluation process.
ENVIORNMENT IMPACT ASSESEMENT.
On 27 January 1994, the Union Ministry of Environment and Forests (MEF),
Government of India, under the Environmental (Protection) Act 1986, promulgated
an EIA notification making Environmental Clearance (EC) mandatory for expansion
or modernisation of anyactivity or for setting up new projects listed in Schedule 1 of
the notification.

Inadequate public participation is the major shortcoming of this project . A public

hearing was not been held . Morover the Assessement is conducted at a very later
stage that it would be difficult to put into grave .

It shall be noted that that screening scoping and impact analysis was carried out
by the persons working for corporation , posing a conflict of interest and ignore the
adverse effects on forest enviornment and on tribes .
THE concerned authorities under the act has been largely drawn by the interest
ofindustralist and politicians . enviornmental clearance was given wiythout the
application of mind .

AS per NRR,1988 STATES that people displacing must have a right to be informed
and consulted . each project must provide for an information center at project site
itself .
NRR ,1988 STATES that the benchmark survey should be carried down by the
teaM including the representatives of displaced persons and NGO.
IN CONCLUSION ,
The survey conducted was largerly drawn for industrial development and their
interests .
In ecologically sensitive areas no hydro power plants can be erected.
The survey was not conducted by independent body and lack independence .
No report of SIA/EIA Is made to public despite being legal provisons existing

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 MEMORANDUM ON BEHALF OF PETITIONER

CASE LAWS
PUDUCHERRY ENVIORNMENT PROTECTION ASSOCIATION VS UNION OF
INDIA .
The cases of violation will be appraised by respective sector Expert Appraisal
Committees constituted under sub-section (3) of Section 3 of the Environment
(Protection) Act, 1986 with a view to assess that the project has been constructed
at a site which under prevailing laws is permissible and expansion has been done
which can be run sustainably under compliance of environmental norms with
adequate environmental safeguards; and in case, where the finding of the Expert
Appraisal Committee is negative, closure of the project will be recommended along
with other actions under the law.

A.P. Pollution Control Board v. Prof. M. V. Nayudu (Retd.) & Ors.,

Court observed that even otherwise the above- said principles are accepted as part
of the Customary International Law and hence there should be no difficulty in
accepting them as part of our domestic law. In fact on the facts of the case before
this Court, it was directed that the authority to be appointed under section 3(3) of
the Environment (Protection) Act, 1986 "shall implement the `Precautionary
Principle' and the `Polluter Pays Principle'."
The learned Judges also observed that the new concept which places the Burden of
Proof on the Developer or Industralist who is proposing to alter the status quo, has
also become part of our environmental law.

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 MEMORANDUM ON BEHALF OF PETITIONER

LEGAL ISSUE 3
VIOLATION OF CONSTITUTIONAL PROVISIONS

The protection and improvement of environment is now a fundamental duty under

Constitution Act of 1976.

The Indian Constitution contains specific provisions for environment protection

under the chapters of Directive Principles of State Policy and Fundamental Duties.
The absence of a specific provision in the Constitution recognizing the fundamental
right to clean and wholesome environment

Initially, the Constitution of India had no direct provision for environmental

protection. Global consciousness for the protection of environment in the seventies,
Stockholm Conference and increasing awareness of the environmental crisis
prompted the Indian Government to enact 42nd Amendment to the Constitution in
1976. The Constitution was amended to introduce direct provisions for protection
of environment. This 42nd Amendment added Article 48-A to the Directive
Principles of State Policy.

Article49-A:

The Article states:

“The State shall endeavour to protect and improve the environment and to
safeguard the forests and wildlife of the country.” The said amendment imposed a
responsibility on every citizen in the form of Fundamental Duty.

Article 51-A, Clause (g):

Article 51-A (g) which deals with Fundamental Duties of the citizens states:

“It shall be the duty of every citizen of India to protect and improve the natural
environment including forests, lakes, rivers and wildlife and to have compassion for
living creatures.”

Thus, protection and improvement of natural environment is the duty of the State
(Article 48- and every citizen (Article 51- A (g)).

In Sher Singh v. Himachal Pradesh, It was held that the citizens of the country
have a fundamental right to a wholesome, clean and decent environment. The
Constitution of India, in terms of Article 48A, mandates that the State is under a
Constitutional obligation to protect and improve the environment and to safeguard
the forest and wild life in the country.

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 MEMORANDUM ON BEHALF OF PETITIONER

By 42nd Amendment to the Constitution, the Parliament, with an object of

sensitizing the citizens of their duty, incorporated Article 51A in the Constitution,
inter alia, requiring a citizen to protect and improve the natural environment
including the forests, lakes, rivers and wild life and to have a compassion for living
creatures.

The legislative intent and spirit under Articles 48A and 51A(g) of the Constitution
find their place in the definition of 'environment' under the Environment
(Protection) Act, 1986 (for short the Act of 1986). The legislature enacted various
laws like the Air (Prevention and Control of Pollution) Act, 1981, Water (Prevention
and Control of Pollution) Act, 1974 and the Wildlife (Protection) Act, 1972, the
Forest (Conservation) Act, 1980, the Indian Forest Act, 1927 and the Biological
Diversity Act, 2002 and other legislations with the primary object of giving wide
dimensions to the laws relating to protection and improvement of environment.

Not only this, there is still a greater obligation upon the Centre, State and the
Shrine Board in terms of Article 48A of the Constitution where it is required to
protect and improve the environment. Article 25(2) of the UDHR ensures right to
standard of adequate living for health and well-being of an individual including
housing and medical care and the right to security in the event of sickness,
disability etc.

The expression life enshrined in Article 21 of the Constitution does not connote
mere animal existence or continued drudgery through life. It has a much wider
meaning which includes right to livelihood, better standard of living, hygienic
conditions in the workplace and leisure.
In T.N. Godavarman Thirumalpad v. Union of India & Ors.,, a three-Judge
Bench of this Court read Article 48-A and Article 51-A together as laying down the
foundation for a jurisprudence of environmental protection and held that:

Today, the State and the citizens are under a fundamental obligation to protect and
improve the environment, including forests, lakes, rivers, wild life and to have
compassion for living creatures.

In State of W.B. & Ors. v. Sujit Kumar Rana Articles 48 and 51-A(g) of the
Constitution were read together and this Court expressed that these provisions
have to be kept in mind while interpreting statutory provisions.

The Constitution of India has made a double provision:

(i) A directive to the State for protection and improvement of environment.

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 MEMORANDUM ON BEHALF OF PETITIONER

(ii) Imposing on every citizen in the form of fundamental duty to help in the
preservation of natural environment. This is the testimony of Government’s
awareness of a problem of worldwide concern.
Since protection of environment is now a fundamental duty of every citizen, it is
natural that every individual should do it as personal obligation, merely by
regulating the mode of his natural life. The citizen has simply to develop a habitual
love for pollution.

ARTICLE 14

Right to Equality and Environment Protection (Article 14):

Equality before the law and equal protection of the law has been granted under
article 14 of the Constitution. This fundamental right impliedly casts a duty upon
the state to be fair while taking actions in regard to environmental protection and
thus, cannot infringe article 14. In cases of exercise of arbitrary powers on behalf of
the state authorities, the judiciary has played a strict role in disallowing the
arbitrary sanction. Use of discretionary powers without measuring the interest of
the public violates the fundamental right of equality of the people.
Government in accordance with the laws has good reason to believe that any works
or installations erected by the or any operations conducted endangering or may
endanger persons or any property of any person, or are causing or may cause
pollution, or are harming or may harm fauna or flora or the environment to a
degree which the Government deems unacceptable, the Government may require
the Contractor to take remedial measures within such reasonable period as may be
determined by the Government and to repair any damage to the environment. If the
Government deems it necessary, it may also require the to discontinue Petroleum
Operations in whole or in part until the Contractor has taken such remedial
measures or has repaired any damage caused.

The prevailing situation relating to the environment, human beings and local
communities, the flora and fauna in the Contract Area and in the adjoining or
neighbouring areas;

To establish the likely effect on the environment, human beings and local
communities, the flora and fauna in the Contract Area and in the adjoining or
neighbouring areas.

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 MEMORANDUM ON BEHALF OF PETITIONER

Freedom of Speech and Expression and Environment (Article 19(1) (a)):

Right of speech and expression is a fundamental right expressly mentioned in

article 19(1) (a) of Part III of the Constitution. There have been a number of cases
where people have approached the court through the way of speech and expressing
themselves by writing letters like that in the case of

Rural Litigation and Entitlement Kendra, Dehradun v. State of Uttar

Pradesh[8] where they have expressed the violation of their right to have a clean
and safe environment and a right to livelihood.

Right of life and Environment protection (Article 21):

Article 21 of the constitution provides for the fundamental right of life. It states that
no person shall be deprived of his right to life or personal liberty except in
accordance with procedures established by law. The words except in accordance
with procedures established by law can be interpreted to mean that this provision
is subject to exception and is regulated by law which varies from case to case.

Right to life includes the right to have a dignified life and also the bare necessities
of life like food, shelter, clean water and clothes. The right to live extends to having
a decent and clean environment in which individuals can live safely without any
threat to their lives. An environment shall be free from diseases and all sorts of
infections.

This is crucial because the right to life can be fulfilled only when one lives in a
clean, safe and disease-free environment, otherwise granting such right would
prove to be meaningless.

In L.K Koolwal v. State of Rajasthan and Ors, Rajasthan High Court held that
maintaining the quality of the environment, sanitation and health is covered under
the purview of Article 21 of the Constitution. Because non-compliance to do so can
adversely affect the lives of many citizens and slow poisoning along with reducing
the life of a citizen.

In Charan Lal Sahu v. Union of India , it was held that the duty of the state is to
take adequate and effective steps for the enforcement and protection of
Constitutional rights guaranteed under Article 21, 48-A and 51-A(g).

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 MEMORANDUM ON BEHALF OF PETITIONER

In M.C Mehta v. Union of India[6], due to stone crushing activities in and around
Delhi was causing a huge problem of pollution in the environment. The court was
conscious of the inevitable consequences and the ecological problems caused due
to the industrial activities in the country. In the name of environmental
development, it cannot be permitted to degrade the quality of the ecology and
increase different forms of pollution to the extent that it becomes a health hazard to
the lives of all the citizens. It was further held that citizens have a right to fresh air
and have a pollution-free environment in which they live.

Further, the scope of article 21 was broadened by the judiciary to include under its
purview the right to livelihood as well. It includes the right of citizens to earn their
livelihood along with the right to life. The wider interpretation of this article has
proved to be beneficial in keeping a strict check on the conduct and actions of the
government in the context of measures taken by the authorities to protect the
environment.

Kendra v State of UP, also known as the Dehradun quarrying case, the Supreme
Court of India has held that pollution caused by quarries adversely affects the
health and safety of people and hence, the same should be stopped as being
violative of Article 21.In this case, the Supreme Court for the first time held that
the right to wholesome environment is a part of right to life and personal liberty
guaranteed under Article 21 of the Constitution.

Further, in the case of Subhash Kumar v State of Bihar, again the apex court
held that the right to get pollution free water and air is a fundamental right under
Article 21. Following this decision, the right to pollution free environment was
incorporated under the head of right to life and all the law courts within the Indian
territory were bound to follow the same.

This laid down the foundation of environmental litigation in India.Similarly, public

health and Ecology were held to be the priorities under Article 21 and the
constitution of a green bench was also ordered by the Supreme Court.

In the case Ratlam Muncipality v Vardicharan, where the problem of pollution

was due to private polluters and haphazard town planning, it was held by the
Supreme Court that pollution free environment is an integral part of right to life
under Article 21.

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 MEMORANDUM ON BEHALF OF PETITIONER

LEGAL ISSUE 4

Water quality and physical changes

Upper reaches of the reservoir may not be affected very much as the original
riverine conditions are still retained in most. Downstream of the dam the flow rate
in the river will depend on the amount of the compensation flow. Water volume is
considerably reduced during the dry season. As a result, the downstream may
change to pools alternating with dry stretches for about nine months from
November to June. Due to decreased water discharges, water temperature will rise
in daytime and decline sharply at night. Rooted plants will grow in the riverbed due
to the decrease in water volume.
LEGAL PROVISION
Water (Prevention and Control of Pollution) Act,

provide for the prevention and control of water pollution and the maintaining or
restoring of wholesomeness of water due to construction of dam the wholesomeness
of water is destroyed .and also result in violation of NATIONAL GANGA BASIN
AUTHORITY ACT ,2016

THE ENVIRONMENT (PROTECTION) ACT ,1985 to provide for the protection and
improvement of environment and for matters connected there with: and relate to
the protection and improvement of environment and the prevention of hazards to
human beings, other living creatures, plants and property;

Greenhouse gases: The flooding of surrounding habitat around dam’s kills trees
and other plant life that then decomposes and releases large amounts of carbon
into the atmosphere. Because the river is no longer flowing freely, the water
becomes stagnant and the bottom of the reservoir becomes depleted of oxygen. This
lack of oxygen creates a situation where methane (a very potent greenhouse gas) is
produced from the decomposition of the plant materials at the bottom of the
reservoir that eventually gets released into the atmosphere, contributing to global
climate change.
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981in this project a
dam is constructed where 32 sq. km forest will be cut down resulting in production
of methane gas resulting in increasing emissions of carbon dioxide in the
environment.

The water gathers behind the dam, creates an unnatural, stagnant lake that often
kills off a lot of the existing ecosystem. Bacteria in the water decompose these
plants and generate carbon dioxide and methane (potent greenhouse gas).

Methane from reservoirs accounts for more than 4% of all human-caused climate
change comparable to the climate impact of the aviation sector.
In some cases, hydropower projects are producing higher emissions than coal-fired
power generating the same amount of electricity plants

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 MEMORANDUM ON BEHALF OF PETITIONER

Production of methyl-mercury: The stagnant water in reservoirs creates a situation

where the decomposition of organic matter from decaying plants can transform
inorganic mercury into methyl-mercury. Unfortunately, methyl-mercury tends to
bio-accumulate and cause toxic effects in humans and wildlife that eat the fish in
reservoirs

Water (Prevention and Control of Pollution) Act, 1974

VIOLATION OF THE ENVIRONMENT (PROTECTION) RULES, 1986 states that

operations in different areas shall be carried

(I) Standards for quality of environment in its various aspects laid down for an
area.

(ii) The maximum allowable limits of concentration of various environmental

Pollutants or an area.
(iii) The likely emission or discharge of environmental pollutants from an industry,
process or operation proposed to be prohibited or restricted.
(iv) The topographic and climatic features of an area.
(v) The biological diversity of the area which, in the opinion of the Central
Government needs to be preserved.
(vi) Environmentally compatible land use.

(vii) Net adverse environmental impact likely to be caused by an industry, process

or operation proposed to be prohibited or restricted.
(viii) Proximity to a protected area under the Ancient Monuments and
Archaeological Sites and Remains Act, 1958 or a sanctuary, National Park, game
reserve or closed area notified as such under the Wild Life (Protection) Act, 1972 or
places protected under any treaty, agreement or convention with any other country
or countries or in pursuance of any decision made in any international confcrcnce1
association or other body.
(ix) Proximity to human settlements.

DISPLACEMENT AND RESETTLEMENT REHABILATION OF INDEGHINOUS

COMMUNITIES AND JOB DISPLACEMENT
he Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of
Forest Rights) Act, 2006 (FRA in short), in section 4(5) states that save as
otherwise provided, no member of a forest dwelling Scheduled Tribes or Other
Traditional Forest Dweller shall be evicted or removed from the Forest Land under
his occupation till the recognition and verification procedure is complete.

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 MEMORANDUM ON BEHALF OF PETITIONER

In this case, proper verification was not held as regulatory body lack independence

Under Section 5 of FRA, Gram Sabha is, inter-alia, empowered to ensure the
decision taken in Gram Sabha to regulate access to community forest resources
and stop any activity which adversely affects the wild animals, forest and the
biodiversity are complied with. Government has enacted the ‘Right to fair
compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (RFCTLARR Act, 2013 in short).

The purpose of the said Act is to ensure, in consultation with institutions of local
self- government and Gram Sabha’s established under the Constitution, a humane,
participative, informed and transparent process for land acquisition with the least
disturbance to the owners of the land and other affected families and provide just
and fair compensation to the affected families whose land has been acquired or
proposed to be acquired.

Under Section 48 of RFCTLARR Act, 2013, a National Level Monitoring Committee

for Rehabilitation and Resettlement has been constituted in the Dollar vide DoLR’s
Order No. 26011/04/2017-LRD dated 2nd March, 2015 for the purpose of
reviewing and monitoring the implementation of rehabilitation and resettlement
schemes and plans related to land acquisition under the RFCTLARR, 2013 and
National Rehabilitation and Resettlement Policy, 2007.
By way of safeguards against displacement special provisions have been made for
Scheduled Caste and Scheduled Tribes under Section 41 and 42 of the
RFCTLARR Act, 2013 which protect their interests. As per Section 41 (1), as far as
possible, no acquisition of land shall be made in the Scheduled Areas. As per
Section 41(2), where such acquisition does take place, it shall be done only as a
demonstrable last resort. As per Section 41(3),in case of acquisition or alternation
of any land in Scheduled Areas, the prior consent of the concerned Gram Sabha or
the Panchayats or the autonomous District Councils, at the appropriate level in
Scheduled Areas under the Fifth Schedule to the Constitution, as the case may be,
shall be obtained, in all cases of land acquisition in such areas, including
acquisition in case of urgency, before issue of a notification under this Act, or any
other central Act or a State Act for the time being in force. The RFCTLARR Act,
2013 also lays down procedure and manner of rehabilitation and resettlement.

The Panchayats (Extension to Scheduled Area) Act, 1996, also provides that the
Gram Sabha or the Panchayats at the appropriate level shall be consulted before
making the acquisition of land in the Scheduled Areas or development projects and
before resettling or rehabilitating persons affected by such projects in the
Scheduled Areas, the actual planning and implementation of the projects in the
Scheduled Areas shall be coordinated at the State Level.

Constitutional provision under Schedule-V also provide for safeguards against

displacement of tribal population because of land acquisition etc. The Governor of
the State which has scheduled Areas is empowered to prohibit or restrict transfer of
land from tribal and regulate he allotment of land to members of the Scheduled
Tribes in such cases. Land being a State subject, various provisions of

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 MEMORANDUM ON BEHALF OF PETITIONER

rehabilitation and resettlement as per the RFCTLARR Act, 2013 are implemented
by the concerned State Governments.

The Scheduled castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989” has been introduced to prevent the commission of offences of atrocities
against members of the Scheduled Castes and the Scheduled Tribes, to provide for
the trial of such offences and for the relief of rehabilitation of the victims of such
offences for matters connected therewith or incidental thereto. Wrongfully
dispossessing members of Scheduled Castes or Scheduled Tribes from their land or
premises or interfering with the enjoyment of their rights, including forest rights,
over any land or premises or water or irrigation facilities or destroying the crops or
taking away the produce there from amount to offence of atrocities and are subject
to punishment under the said Act.

Apart from the above, a 3 judges’ bench of Supreme Court.P in Orissa Mining
Corporation Vs. Ministry of Environment and Forest &OR’s. vide W.(c)
180 of 2011, held that forest approval cannot be granted for a development project
without the informed consent of the Gram Sabha’s, given after proper consideration
in a duly convened Gram Sabha and passed by resolution. The Court stated that
the Gram Sabha is also free to consider all the community, individual as well as
cultural and religious claim.

CARIATUS INDIA VS UNION OF INDIA

Over the years, it was found that the lands were indiscriminately acquired which
resulted in drastic reduction of agricultural lands. Agriculturists were reduced to
landless labourers. It was the grievance of the landless that there were no proper
schemes for rehabilitation of persons, who were deprived of their land.
Agriculturists were also aggrieved because their sole means of livelihood was lost,
as a result of the acquisition for purposes which were admitted after a substantial
lapse of time

The affected Scheduled Tribes, other traditional forest dwellers and the Scheduled
Castes having fishing rights in a river or pond or dam in the affected area shall be
given fishing rights in the reservoir area of the irrigation or hydel projects.

World Commission on Dams (WCD)

The WCD is a global multi-stakeholder body established by the World Bank and
International Union for Conservation of Nature (IUCN) in 1998 to investigate the
effectiveness and Performance of large dams around the world. The WCD released
its landmark report in November 2000 on the enormous financial, environmental
and human costs and the dismal performance of large dams. It found that while
the construction of large dams had brought some economic benefits, they had also
forcibly displaced an estimated 40-80 million people in the 20th century alone.

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 MEMORANDUM ON BEHALF OF PETITIONER

These people lost their lands and homes to dams and often with no compensation
is paid to them

There are in 39,197 project-affected families (PAFs) of 193 villages, out of which
just 12,050 are living in rehabilitation sites, while the rest, 27,147, are still living in
their villages, and refused to move out.

NATIONAL RIVER GANGA BASIN AUTHORITY ,2016

Violation of following

CHAPTER III – RIGHTS

Right to Pure Water. The Ganga River Basin, and the ecosystems and natural
communities contained therein, possess fundamental and inalienable rights to
sustainably access, use, and preserve water drawn from natural water cycles that
provide water necessary to sustain life, in an unpolluted state. Residents living
within the Ganga River Basin possess fundamental and inalienable rights to
sustainably access, use, consume, and preserve water drawn from natural water
cycles that provide water necessary to sustain life, in an unpolluted state.

RIGHT OF PEOPLE AND NATURE

. Ecosystems and natural communities, including but not limited to, wetlands,
streams, rivers, aquifers, and other water systems, which comprise the Ganga River
Basin, possess fundamental and inalienable rights to exist, thrive, freely-flow and
regenerate their own unpolluted vital cycles, structure, functions, and evolutionary
processes. The people of India have the fundamental and inalienable right to a
healthy environment, including the right to a healthy, thriving, free-flowing and
unpolluted Ganga River and a healthy, thriving and unpolluted Ganga River Basin.

CHAPTER VI BIODIVERSITY AFFORESTATION AND WILDLIFE

(Declaration of Biodiversity Heritage Site: To protect the Rights delineated and

secured by this Act, the Ganga River, its tributaries and all land within 2 km of the
centre of the rivers, shall be deemed a Biodiversity Heritage Site. Conservation and
management of said Ganga River Basin ecosystem, and its flora and fauna, shall be
conducted in accordance with the provisions of this Act. Local citizens,
communities, and other stakeholders shall be involved with the implementation
and protection of the Basin as a Biodiversity Heritage Site

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 MEMORANDUM ON BEHALF OF PETITIONER

Protection of Ganga River Dolphin: Extensive measures shall be taken to ensure

the long- term survival of our National Aquatic Animal, the Ganga River Dolphin, a
keystone species that is critical to the protection and fulfilment of the Rights
delineated and secured by this Act. The slaughter or poisoning of the Ganga River
Dolphin is prohibited and shall be a punishable offence. Fishing methods that
result in the death of the Ganga River Dolphin are prohibited and shall be a
punishable offence.

IMPACT ON WILDLIFE
The sanges river is a home to dolphin and gharial crocodile which are listed in
critically endangered species under IUCN List.

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LEGAL ISSUE 5

The govt of indiva has the agreement with other internaional countries to protect
the rights of indeginous communities such as ILO CONVENTION 107 , PARIS
AGREEMENT .

ILO CONVENTION 107

ARTICLE 2 STATES THAT

1. Governments shall have the responsibility for developing, with the participation
of the peoples concerned, co-ordinated and systematic action to protect the rights
of these peoples and to guarantee respect for their integrity.
2. Such action shall include measures for:
(a) Ensuring that members of these peoples benefit on an equal footing from the
rights and opportunities which national laws and regulations grant to other
members of the population;
(b) Promoting the full realisation of the social, economic and cultural rights of these
peoples with respect for their social and cultural identity, their customs and
traditions and their institution.

ARTICLE 8 states

1. In applying national laws and regulations to the peoples concerned, due regard
shall be had to their customs or customary laws.
2. These peoples shall have the right to retain their own customs and institutions,
where these are not incompatible with fundamental rights defined by the national
legalsystem and with internationally recognized human rights. Procedures shall be
established, whenever necessary, to resolve conflicts which may arise in
theapplication of this principle

BY construction of dams and rehabilitating them would result in loss of the

cultural and social identity .

ARTICLE 16

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 MEMORANDUM ON BEHALF OF PETITIONER

Where the relocation of these peoples is considered necessary as an

exceptionalmeasure, such relocation shall take place only with their free and
informed consent.
Where their consent cannot be obtained, such relocation shall take place only
following appropriate procedures established by national laws and regulations,
including public inquiries where appropriate, which provide the opportunity for
effective representation of the peoples concerned

IN THIS CASE FREE CONSENT WAS NOT OBTAINED . THE GOVT AUTHORITIES
MAKE FALSE PROMISES TO GIVE A LAND AT REHABIITATED AREA AND
CONCERNED AUTHORITIES HAVE NO INTENTION TO FULFILL . GOVT . FAIL
TOOBTAIN ADEQUATE PROCEDURES AND FORCEFULLY OR THROUGH
MALAFIDE INTENTION DID SO.

PARIS AGREEMENT

ARTICLE 2 OF THE SAID AGREEMENT STATES

1. This Agreement, in enhancing the implementation of the Convention, including

its objective, aims to strengthen the global response to the threat of climate change,
in the context of sustainable development and efforts to eradicate poverty,
including by:
(b) Increasing the ability to adapt to the adverse impacts of climate change and
foster climate resilience and low greenhouse gas emissions development, in a
manner that does not threaten food production;

ARTICLE 4 STATES THAT

Making finance flows consistent with a pathway towards low greenhouse gas
emissions and climate-resilient development. in order to achieve the long-term
temperature goal set out in Article 2, Parties aim to reach global peaking of
greenhouse gas emissions as soon as possible, recognizing that peaking will take
longer for developing country Parties, and to undertake rapid reductions thereafter
in accordance with best available science, so as to achieve a balance between
anthropogenic emissions by sources and removals sinks of greenhouse gases in the
second half of this century, on the basis of equity, and in the context of sustainable
development and efforts to eradicate poverty

ON ACCOUNT OF FOREST CUT DOWN OF APPROXIMATELY 32 SQ .M THE

CARBON AND METHANE GASES WILL BE RELEASED IN AN ENVIORNMENT .

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 MEMORANDUM ON BEHALF OF PETITIONER

METHANE IS A GREEN HOUSE GASES ON RELEASE THERE WILL BE A CLIMATE

CHANGE . THE AFORESAID AUTHORITIES VIOLATED THE ARTICLE 2 AND
ARTICLE4 OF PARIS AGREEMENT

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 MEMORANDUM ON BEHALF OF PETITIONER

PRAYER CLAUSE

IN THE LIGHT OF THE FACTS STATED ARGUMENT ADVANCED AND AUTHORITIES

CITED THE COUNSEL ON BEHALF OF PETITIONER HUMBLY REQUESTS THE
HONO’BLE COURT

1 . To issue a writ with regard to violation of fundsmental rights of indeginous

communities

2. To grant an interim injunction and appoint the independent officers for the
appraisal of the project till this time .

3 . to grant the cost to indeginous communities.

4. to impose the cost in the form of fine for wrongdoings and laches by the
corporation.

5 . Such other action as deem fit by the hon ‘ble court

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