A.K.

K NEW LAW ACADEMY, PUNE,

A.K.K NEW LAW
ACADEMIC MOOTACADEMY, PUNE,
COURT 2024
ACADEMIC MOOT COURT 2024

BEFORE THE NATIONAL ENVIRONMENT TRIBUNAL DELHI.

BEFORE THE NATIONAL ENVIRONMENT TRIBUNAL DELHI.

ORIGINAL APPLICATION NO …………. / 2024

ORIGINAL APPLICATION NO …………. / 2024

IN THE MATTER OF
IN THE MATTER OF

JAL SANGHATAN (NGO) …..………. APPLICANT

JAL SANGHATAN (NGO) …..………. APPLICANT

Vs
Vs

UNION OF INDIANA ..………… RESPONDENT

UNION OF INDIANA ..………… RESPONDENT

MEMORIAL ON BEHALF OF THE APPLICANT

MEMORIAL ON BEHALF OF THE APPLICANT

ROLL NO: 26
ROLL NO: 26

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 TABLE OF CONTENTS

CONTENT PAGES

List of Abbreviations
3

Index of Authorities/ Table of Cases

4

Statement of Jurisdiction
6

Statement of Facts
7

Issues Raised
9

Summary of Argument
10

Arguments Advanced
12

Prayer
17

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 LIST OF ABBREVIATIONS

Vs. Versus

SC Supreme Court

HC High Court

Govt. Government

AIR All Indiana Reporter

Sec. Section

U.O. I Union Of Indiana

SCC Supreme Court Cases

U/s Under Section

Art Article

Const. Constitution

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 INDEX OF AUTHORITIES

ACT AND STATUTES:

INDIAN EVIDENCE ACT, 1872

HINDU MARRIAGE ACT, 1955
CIVIL PROCEDURE CODE 1908

LIST OF CASES:

I) R. Natarajan v. Sujatha Vasudevan (2010)

II) V. Bhagat v. D. Bhagat (1994) 1 SCC 337
III) Naveen Kohli v. Neelu Kohli (2006) SCC 1675
IV) Tirath Kumar Case (1960)
V) Saroj Rani v. Sudarshan Kumar Chadha
VI) Dharam Kaur v. Narendre (2016)
VII) Samar Ghosh v. Jaya Ghosh (2007)

LEGAL DATABASE –

. SCConline.com
. barandbench.com
. AIRonline.in
. Manupatra.com

BOOKS REFERRED:
. MARRIAGE AND DIVORCE LAWS (BARE ACT) 2022

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. LAW OF MARRIAGE AND DIVORCE, 4TH EDITION, BY H.K SAHARAY

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STATEMENT OF JURISDICTION

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 STATEMENT OF FACTS

1. Union of Indiana is a developing country which has to cater to solving various issues of
urbanization such as haphazard expansion of cities, urban commute and traffic issues thereby
causing aerial pollution and road accidents. Private vehicles in big numbers are being added
every year due to existing poor urban transport thereby rising pollution levels which is
affecting public health.

2. Two major commercial cities are on the western side of the country, Mumbai and
Ahmadabad. A lot of business takes place between these two cities. Road travel takes around
10 hours, 8 hours for road travel and around an hour by air. There is good connectivity by all
existing modes of transport.

3. But to further boost the connectivity and welcome foreign investments, the Union of
Indiana has come out with an ambitious plan of linking the two cities with state of the art
Bullet Train, with Maglev technology which is prevalent in Germany. Maglev uses magnetic
levitation technique for achieving great speeds and uses lesser electricity compared to the
conventional electric trains thereby reducing the consumption of electricity to run the train.

4. Though a costly project, the project is going to considerably reduce the travel time between
the two cities and give an infrastructure boost to the slowing down economy and generate
good employment opportunities. Mumbai city is located near the sea and has good number of
mangroves near to the coastal, estuary and creek areas. Mangroves act as natural barriers
against salty water entering fresh water sources and even land, which might get infertile due
to salty water. Mangroves is a breeding ground for fishes and crabs and hence lot of
fisherman have their livelihood due to such breeding ground and they don’t carry out any
fishing activity in or nearby areas of the mangroves for healthy breeding of the marine life,
thereby conserving the mangroves.

5. Incidentally the High Court of Bombay vide a order in the year 2005 had declared the
mangroves to be protected forests and directed the State Govt. to form a special Mangrove
Protection Cell under the State Forest Department. The cell is supposed to do a census of the
mangroves and make all endeavours to protect the mangrove areas from all human
incursions.

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In the wake of implementing the Bullet Train, to minimise the cost of land acquisition and
rehabilitation, the Govt. thought fit to use nearly 15 hectares of mangrove lands, which will
lead to cutting around 50,000 mangrove trees, for chalking out the route for Bullet Train.
Research has found out that mangroves support not only support marine life but many avian
varieties. Due to the plant varieties, it attracts a lot of migratory birds in the winters as there
are many lakes and ponds in the area.

6. The Govt. is planning to impose an environmental cess on all property transactions in the
Seven Isles, which will be channelised to the Mangrove Cell thereby carrying out mangrove
plantation activities so that other areas can be developed as Mangrove habitats. A section of
environmentally spirited citizens along with fishermen are not happy with the decision of
identification of the mangrove area. They allege that clearing of mangroves will hamper the
marine life and cause massive environmental imbalance. One NGO, Jal-sangathan has
approached the National Environment Tribunal which is having its bench at Punyanagari,
requesting the Tribunal to take the cognizance and give a stay on the proposed project of
Bullet Train.

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 ISSUES RAISED

1. Whether the application is maintainable?

2. Whether the project of Bullet Train by the Union of Indiana violates

environment?

3. Whether the conservation of mangroves is significant.?

SUMMARY OF ARGUMENTS

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1. Whether the National Environment Tribunal has jurisdiction on the matter?

ARGUMENT ADVANCED

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ISSUE 1. WHETHER THE APPLICATION IS MAINTAINABLE?

It is very humbly submitted before the hon’ble National Environment Tribunal that the
present application is maintainable.

In a landmark case 1T.N.Godavarman Thirumulpad vs Union of India AIR 2005 SC 4256 the
apex court rightly observed that “Natural resources are the assets of the entire nation. It is
the obligation of all concerned, including the Union Government and State Governments to
conserve and not waste these resources. Article 48-A of the Constitution requires that the
State shall endeavour to protect and improve the environment and to safeguard the forest and
wildlife of the country.” This principle lies at the heart of our environmental laws,
emphasizing the importance of ensuring that natural resources such as rivers, trees etc must
be protected from hazardous activities.

We urge this esteemed Court to uphold the principle of Precautionary Principle sustainable
development which requires that the developmental activity must be stopped and prevented
if it causes serious and irreversible environmental damage. It is crucial that the prosecution
takes consideration of the future harm that might occur due to the Bullet Train Project.

I.OBLIGATION OF STATE TO PROTECT THE ENVIRONMENT

The Article 48A of The Indiana Constitution has been envisaged as Protection and
improvement of environment and safeguarding of forests and wild life

The State shall endeavour to protect and improve the environment and to safeguard the
forests and wild life of the country.

1
T.N.Godavarman Thirumulpad vs Union of India AIR 2005 SC 4256

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In the case 2Sachidanand Pandey & Ors. v. The State of West Bengal & Ors. that “Whenever
a problem of ecology is brought before the Court, the Court is bound to bear in mind Art.
48A of the Constitution the Directive Principle which enjoins that the State shall endeavour
to protect and improve the environment and to safeguard the forests and wild life of the
country.”

2
Sachidanand Pandey & Ors. v. The State of West Bengal & Ors. AIR 1987 SC 1109

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