Hon'ble Supreme Court, New Delhi

Writ Petition No.2001/2023

This petition is filed under Article 32 of the Constitution of India

IN THE MATTER BETWEEN:

PETITIONER
LEGAL SERVICES CLINIC OF THE SJM LAW COLLEGE
(LSCSJMLC), CHITRADURGA

AND
RESPONDENT
UNION OF INDIA AND OTHERS

Memorials for petitioner

1
 TABLE OF CONTENTS

Table of Contents……………………………………………………..2
Index of Authorities………………………………………….……….3
List of Cases……………………………………………………….…4
Index of Abbreviations……………………………………………..5
Statement of Jurisdictions………………………………………….…6
Statement of Facts…………………………………………………….7
Issues Raised ………………………………………………………....8
Summary of Arguments………………………………………………9
Arguments Advanced…………………………………………....10-19
Prayer for Relief ……………………………………………………20

2
 INDEX OF AUTHORITIES
BOOKS REFERRED:

1. D.D. BASU: “CONSTITUTION OF INDIA”, LEXIS NEXIS,

NAGPUR, 14TH EDN. (2009)
2. DR. J.N. PANDEY, “CONSTITUTIONAL LAW OF INDIA”,
CENTRAL LAW AGENCY, 59TH EDN. (2013)
3. JAIN M.P., “INDIAN CONSTITUTIONAL LAW”, WADHWA AND
COMPANY,NAGPUR, 5TH EDN (REP.2005)
4. P. LEELAKRISHNAN, “ENVIRONMENTAL LAW IN INDIA”,
LEXIS NEXIS BUTTERWORTHS WADHWA, NAGPUR. 3RD EDN
5. S.C. TRIPATHI, “ENVIRONMENTAL LAW”, CENTRAL LAW
PUBLICATIONS, 7TH EDN (2019)
6. ALL INDIA REPORTS.
7. SUPREME COURT CASES

STATUTES REFERRED:

1. THE CONSTITUTION OF INDIA, 1950

2. THE ENVIRONMENT (PROTECTION) ACT,1986
3. THE INDIAN FOREST ACT, 1927
4. FOREST REGULATION ACT,2006
5. WILDLIFE PROTECTION ACT, 1972
6. FOREST CONSERVATION ACT,1980
7. WATER (PREVENTION AND CONTROL OF POLLUTION)
ACT,1974
8. BIOLOGICAL DIVERSITY ACT, 2002
9. PREVENTION OF ATROCITIES ACT,1989
10.THE PANCHAYAT(EXTENSION OF SCHEDULED AREA ACT,1996

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 LIST OF CASE LAWS

SL.NO NAME OF THE CASE CITATION

1 S P Gupta v. Union of India AIR 1982 SC 149

2 A.B. S. K. Sangh (Rly) v. Union of India AIR1981 SC 298
3 Subhash Kumar v. State of Bihar 1991 AIR 420, 1991
SCR (1) 5
4 T.N. Godavarman Thirumulpad vs. Union of (1997) 2 SCC 267
India & Others
5 Vellore Citizen’s Welfare Forum v. Union of (1996) 5 scc 647
India
6 Lavasa Corporation Ltd v. Union of India (1963) 3 (SCR) 209
7 A.P. Pollution Control Board-II v. Prof. M.V. 1999(2) SCC 718
Nayudu & Ors
8 Hinch Lal Tiwari v. Kamla devi 2001 (1) SCR 23
9 Samatha vs. State of Andhra Pradesh [1988] 3 SCC 433

10 Orissa Mining Corporation vs. Ministry of [2013] 6 S.C.R. 881

Environment and Forests

11 Tribal Rights vs. Union of India 1964 SCR (4) 680

12 Sterlite Industries (India) Ltd. v. Union of India [2013] 6 S.C.R. 573

13 Lafarge Umiam Mining Pvt. Ltd. v. Union of 2011 (7) SC 346
India
14 Godavarman Thirumulkpad vs. Union of India (1997) 2 SCC 267
15 T.N. Godavarman Thirumulkpad vs. (2002)SCC 202
Union of India

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 INDEX OF ABBREVIATIONS

1. AIR All India Reporter

2. Art Article
3. DPSP Directive principles of state Policy
4. EDN. Edition
5. HC High Court
6. SC Supreme Court
7. i.e. That is
8. J. Justice
9. PIL Public Interest Litigation
10. SCC Supreme Court Cases
11. SCR Supreme Court Reporter
12. Sd/- Signed
13. Sec Section
14. UOI Union of India
15. v. Versus
16. Vol. Volume
17. W.P. Writ Petition

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 STATEMENT OF JURIDICTIONS

The Hon’ble Supreme Court of India has the jurisdiction in this matter
under Article 32 of the Constitution of India which read as follows:
“32. Remedies for enforcement of Rights Conferred by Part III
(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."

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 STATEMENTS OF FACTS

The Legal Services Clinic of SJM LAW COLLEGE is involved,

inter alia, in initiating and supporting social justice actions including
public interest litigation.
Mysore in Karnataka is a beautiful city inhabited by over 50
lakh people, endowed with luxurious vegetation and blessed by
Cauvery River which provides drinking water to the people of not
only the state but also to those in neighbouring Tamil Nadu. The main
occupation of the people of Mysore is agriculture and industries based
on forest produce.
In 2020, contrary to the advice of environmental experts, the
central government decided to setup a nuclear power station amidst
the forests in the vicinity of Mysore city. Several citizens,
organisations represented to the state and central governments to give
up the project but all of them proved futile.
In 2022, the state government started acquiring land around the
project site displacing a large number of Adivasis traditionally living
in the area and disturbing wild life in the forest around. A foreign
power with whom the Central Government entered into an agreement
for setting up the nuclear station sent part of the machinery and large
number of technical personnel to attend the preliminary works. A
student of the S J M Law College ordinarily resident of Chitradurga
City approached to the LSCSJMLC for taking whatever legal action
possible to prevent the possible harm the project might cause to the
health of citizens, the environment of the city, the livelihood of the
affected people and the cultural traditions of Mysore. On behalf of the
student LSCSJMLC has now preferred this petition in the Supreme
Court of India under Article 32 of the Constitution seeking
appropriate orders to protect the rights under Article 21 reading along
with Article 48-A and 51-A (g)

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 ISSUES RAISED

ISSUE-1
Whether the LSCSJMLC having the right to move
before the Supreme Court under Article 32?

ISSUE-2
Whether the Nuclear Power station project is effect to
the Environment of the Mysore?

ISSUE-3
Whether the people of Mysore having Right to Good
Environment?

ISSUE-4
Whether the acquiring of the land from the Adivasis,
it effect the Right to Shelter?

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 SUMMARY OF ARGUMENTS

ISSUE-1
Whether the LSCSJMLC having the right to move before
the Supreme Court under Article 32?
It is humbly submitted that LSCSJMLC have right to move
before the Supreme Court under Article 32 and having right to file a
suit under PIL.
ISSUE-2
Whether the nuclear power station project is affect to the
Environment of the Mysore?
It is humbly submitted that, this nuclear power station project
will affect pure Environment of Mysore
ISSUE-3
Whether the people of Mysore having right to Good
Environment
It is humbly submitted that, there is violation of right to good
Environment of people of Mysore. Right to Environment is the
fundamental right under Art. 21 of Indian Constitution.
ISSUE-4
Whether the acquiring of the land from Adivasis it effects
the right to shelter?
It is humbly submitted that, there is violation of right to shelter
and acquiring of the land from Adivasis. The Right to shelter is
recognized and protected under Article 21 of the Indian Constitution.
Acquiring land from Adivasis can have a significant impact on their
right to shelter
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 ARGUMENTS ADVANCED

ISSUE-1
Whether the LSCSJMLC having the right to move before the
Supreme Court under Article 32?

1.1. Right to file a suit

It is humbly submitted before the Hon’ble court that LSCSJMLC
have to right to move before the Supreme Court under Art.32. LSC
SJMLC has contending that the Government’s programme violates the
fundamental right to life and personal liberty under Art.21 of Indian
Constitution.
LSCSJMLC is initiating and supporting social justice actions
including public interest litigations. The Hon’ble court can permit PIL for
the enforcement of constitutional rights of any group of persons or
communities because of their poverty or socially or economically
disadvantaged position to approach the court for relief.
S P Gupta v. Union of India (1982)1
This case is often referred to as the "Judges' Transfer Case." The
Supreme Court expanded the scope of locus standi, allowing any public-
spirited person to approach the court on behalf of the disadvantaged or
oppressed sections of society. This case laid the foundation for the concept
of PIL in India.
In A.B. S. K. Sangh (Rly) v. Union of India2
Krishna Iyer, J. held- The Akhil Bharatiya Soshit Karmachari Sangh
(Railway), though an unregistered association can maintain a writ petition
under Art.32 for the redressal of a common grievance Access to justice
through ‘class actions’, ‘public interest litigation’ and ‘representative
proceedings’ is the present constitutional jurisprudence
1
AIR 1982 SC 149
2
AIR1981 SC 298

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ISSUE-2
Whether the Nuclear power station project is affect to the
Environment of the Mysore?

Absolutely yes, this Nuclear power station project

planned to setup by the government the affects the pure
environment of the Mysore. This project is not suitable for
Mysore.
Usually Nuclear power plant require significant amount
of water for cooling process and lead to the thermal pollution,
where the warm water is discharged to water bodies, it affects
aquatic ecosystems and it pollutes rivers also.
When electricity generated from nuclear power plant
from the nuclear fission, In Nuclear fission Uranium- 238 is
the main component to generate electricity. The mining of
Uranium ore can disrupt the environment around the mine and
it affects the life of people
A major environmental concern related to nuclear power
is the creation of radioactive wastes such as uranium mill
tailings, spent (used) reactor fuel, and other radioactive
wastes. These materials can remain radioactive and dangerous
to human health for thousands of years.
Mysore is a beautiful city with rich heritage, rich in
forest and cultivated land. Water security is very important
source for agriculture in Mysore. This nuclear power plant
will consume more amount of water. It requires large amount
of water, the polluted water discharged from nuclear power

11
plant will affect the aquatic animals and could lead to the
water scarcity affecting farming activities and livelihood
There is inadequate Environmental Impact Assessment
(EIA) process and lack of public participation. There is
violation of EIA process under Environment (protection) Act
1986.

List of nuclear power accidents in India

The major disaster of nuclear power plants is Chernobyl

in Ukraine and fukushima daiichi disaster in Japan. These two
nuclear power plant disaster affects the environment and
released radioactive materials contaminated air, soil, and
water in the surrounding areas and long term health effects
and increased cancer risk.

12
ISSUE-3
Whether the people of Mysore having right to Good
Environment?

It is humbly submitted that, the people of Mysore, have

right to a good environment under Article 21 of Indian
Constitution. The Supreme Court has expanded the scope of
Article 21 to include the right to clean and healthy
environment as an integral part of right to life. In our Indian
Constitution there is duty of every citizen of India under Art.
51A (g) says, “to Protect and improve the natural environment
including forests, lakes, rivers and wildlife and to have
compassion for living creatures”.
There is state policy under Article 48A, “the state shall
endeavour to protect and improve the environment and to
safeguard the forest and wildlife of the country
Subhash Kumar v. State of Bihar3
This case laid the foundation for recognizing
environmental protection as an intrinsic part of the right to life
and personal liberty under Article 21. It established a
jurisprudential basis for individuals and organizations to
approach the courts to seek remedies for environmental
issues. It emphasized that a clean environment is essential for
the enjoyment of life.

3
1991 AIR 420

13
T.N. Godavarman Thirumulpad vs. Union of India &
Others4
The court held, natural resources are not the ownership
of any one State or individual, the public at large is its
beneficiary. In para 78, Court said, "The damage to
environment is a damage to the country's assets as a
whole. Ecology knows no boundaries. It can have impact
on the climate. The principles and parameters for
valuation of the damage have to be evolved also keeping in
view the likely impact of activities on future generation."
Vellore Citizen’s Welfare Forum v. Union of India5
The Supreme Court reiterated that the right to life
includes the right to a pollution-free environment. It
recognized that citizens have the right to take legal action to
protect the environment.
Lavasa Corporation Ltd v. Union of India6
The Court emphasized the importance of Comprehensive
Environmental Impact Assessment to ensure Sustainable
Development.
A.P. Pollution Control Board-II v. Prof. M.V. Nayudu &
Ors7
The SC held that healthy environment and sustainable
development are fundamental human rights implicit in the
right to life. It is held in the said decision, "In today's
4
(1997) 2 SCC 267.
5
(1996) 5 SCC 647,665.
6
(1996)3( SCR)209
7
200(8) SC 318

14
emerging jurisprudence, environment rights which encompass
a group of collective rights are described as third generation
rights. The first-generation rights are generally political rights
second generation rights are social and economic”.
Hinch Lal Tiwari v. Kamla devi8
The SC declared that material resources of community
like forests, tanks, ponds, hillocks, mountains, etc., are
nature’s bounty. They maintain a delicate ecological balance.
They need to be protected for a proper and healthy
environment which enables people to enjoy a quality of life
which is the essence of Article 21 of the Constitution. The
affirmed that nature will not tolerate such degree of its
destruction and such development will have its toll definitely.
Sterlite Industries (India) Ltd. v. Union of India9
In this case, the Supreme Court upheld the decision of the
Tamil Nadu Pollution Control Board to shut down a copper
smelting plant in Thoothukudi due to environmental concerns
and protests by the local community. The court emphasized
the importance of public participation in environmental
decision-making.

8
2001 (6) SCC 496
9
[2013] 6 S.C.R. 573

15
Lafarge Umiam Mining Pvt. Ltd. v. Union of India,10
In this case, the Supreme Court upheld the order of the
National Green Tribunal to stop limestone mining in
Meghalaya due to violations of environmental norms. The
court balanced the need for economic development with the
importance of protecting the environment and natural
resources.

ISSUE-4
10
2011 (7) SC 346

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Whether the Acquiring of the land from the Adivasis, its effect
the Right to Shelter?

It is humbly submitted before Hon’ble Court that the setup

Nuclear power plant will be results that exploitation of land of
Adivasis. It is violation of right to shelter. According to 2011
census, scheduled tribes in India constitute 8.6% of India’s
population. Many members of tribes are directly dependent on
forest for their subsistence. Adivasis are the tribes having
closest attachment to the forest.
The LSCSJMLC seeks to protect the interest of tribes,
which is not limited to their land rights. According to Article
46 of the Constitution, the State shall protect scheduled tribes
from social injustice and all forms of exploitation.
The Mysore City has 50lakh population and some of the
tribes found near Mysore include the Jenu Kuruba, Betta
Kuruba, and Soliga tribes. These indigenous communities
have inhabited the region for generations and have their own
district, cultures, languages and traditions. There will be
violation for these people if the nuclear power plant started.
In our Indian Constitution, Schedule V provides special
provisions for the administration and control of scheduled
areas and scheduled tribes. It empowers the president of India
to declare certain areas with tribal populations as Scheduled
Areas and grants certain powers to the governors of these
states in matter related to administration and land rights.

The problems of rehabilitation and its impacts of tribes-

17
Tribal people living in and around forests depend on shifting
cultivation and forest produce collections. when forestland is
also taken over for industrial purposes, people lost their
traditional rights over forest products apart from occasional
agricultural work. In a broader cultural science the loss of
families individual home and a group's cultural space tends to
result in Alienation and status deprivation. Land is their
identity and Pride when they are displaced there is a threat of
Their Identity, way of living and Customs forced uprooting
increases the risk of people falling into the Trap of chronic
undernourishment. Their self-Reliance was disrupted due to
the loss of agricultural land and unhygienic living conditions
in Revolution centres with unsafe drinking water and pure
sewerage, give rise to chronic Cholera diarrhoea and even
epidemics for century’s indigenous people have lived in
harmony with their environment developing a cultural for
affinity with nature activities of mining and industries are
positive
Samatha vs. State of Andhra Pradesh11
This case dealt with the issue of non-tribal individuals
acquiring tribal lands in the Scheduled Areas of Andhra
Pradesh. The Supreme Court ruled that land in Scheduled
Areas cannot be transferred to non-tribals without the prior
approval of the state government, helping protect Adivasi land
rights.

11
(1988)3 SCC 433

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Orissa Mining Corporation vs. Ministry of Environment and
Forests12
This case concerned the Niyamgiri hills in Odisha, where
Vedanta Resources planned to mine bauxite. The Supreme
Court ruled that the decision to allow mining should be
subject to the consent of local Adivasi communities,
recognizing their cultural and religious rights over the land
Tribal Rights vs. Union of India13
This case pertained to the eviction of Adivasi families
from the Kanha National Park in Madhya Pradesh. The
Supreme Court issued guidelines to ensure that Adivasis are
treated fairly and their rights are protected during such
evictions.
Godavarman Thirumulkpad vs. Union of India (1997)14,
This case established the need for strict guidelines and
procedures for diverting forest land for non-forest purposes. It
emphasized the importance of environmental protection and
sustainable forest management.
T.N. Godavarman Thirumulkpad vs. Union of India
(2002)15: This case (often referred to as "Godavarman II")
reinforced the guidelines for forest land diversion and
highlighted the importance of preserving forests and the
environment.

12
(2013) 6 SCC 881
13
1964 SCR (4) 680
14
(1997) 2 SCC 267
15
(2002)SCC 202

19
 PRAYER FOR RELIEF

In the light of issues raised, arguments advanced and

authorities cited, the counsel for petitioners most humbly and
respectfully prays before this Hon’ble court that it may be
pleased to adjudge and declare that-

1. To declare that setup of nuclear power plant will affect to

environment.
2. To declare that the there is no violation of good
environment of Mysore
3. To declare that there is improper acquiring land of
adivasis and disturbing the wildlife and violation of right
to shelter.

AND/OR
The Court may also pass any such orders, as it deems fir, in
light of justice, equity and good conscience. All of which is
most humbly and respectfully submitted.
And for this act of kindness, your lordships, petitioners shall
as duty bound ever humbly pray
Respectfully submitted
…………………….
(Counsel for Petitioner)

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