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BHUWAN………………………….. PETITIONER
VERSUS
RESPONDENT
LIST OF ABBREVIATION……………………………………. I
INDEX OF AUTHORITIES…………………………………….II,III
STATEMENT OF JURISDICTION…………………………… IV
STATEMENT OF FACTS………………………………………V
SUMMARY OF ARGUMENTS…………………………………VII
BODY OF ARGUMENTS
PRAYER…………………………………………………………..11
LIST OF ABBREVIATIONS
(I)
INDEX OF AUTHORITIES
[ARTICLES]
[BOOKS]
[CASES]
7. Madhavi v. Thilakan
8. A.P. Pollution Control Board v. Prof. M.V. Nayudu , A.I.R 1999 SC 812.
9 . Sachinand Pandey v. State of West Bengal AIR 1987 SC1109.
10. Vellor Citizens Welfare form v. UOI AIR1996 SC2715
11. M.C. Mehata v. Kamal nath (1997) 1 SCC 388
(II)
12. Rural Litigation and Entitlement Kendra, Dehradun v. State of U.P, 1987
Supp SCC 4872
13. Goa Foundation, Goa v. Diksha Holdings pvt. Ltd., AIR2001 SC 184
14. M.C. Mehta v. U.O.I , AIR 1988SC 382
15. Vedire Venkatta Reddy v. U.O.I, AIR 2005 AP 155
The petitioners in the present case have approached the Hon’ble Apex Court of India
under Art. 32 of the Constitution of India.
“(1) The right to move the Supreme Court by appropriate proceedings of the
enforcement of the rights conferred by the part is guaranteed.
(2) The Supreme Court shall have power to issue directions of orders of 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.”
All of which is urged in detail in the written submission and is submitted most
respectfully.
(IV)
STATEMENT OF FACTS
The state of Taluna is a newly formed state bifurcated from the parent state of Anadi
Pradesh in the eastern region of the U.O.I. 40% of the state is covered by the forest with
about 1 million tribal population. State of Taluna is rich in minerals along with a diverse ,
complex and self-perpetuating eco-system.A proposal was made by the MOEF to convert a
II
Unemployment, underdevelopment and illiteracy are rampant in the Haku tribe, a listed
schedule tribe.There is one major industry in the region. A govt. established environmental
III
There are many protests and agitations on the part of tribal people against the establishment
of steel plant called CORSO which will involve over 3500 acres of the forest land and will
result in relocation of 40000 people. It is estimated that the project will invite FDI of $100
million and possibly create 60,000 jobs. Atleast 10,000 people will be incorporated by the
CORSO who will lose their livelihood by the construction of the plant.
IV
In april 2009, MOEF gives clearance to the plan based on an EIA test carried out in
2000.As per the information of the RTI filed by the Bhuwan, the leader of the Haku tribe it
was discovered that the ten years study carried out by the GO GREEN’s and its
recommendations were completely ignored.
(V)
ISSUES FOR CONSIDERATION
A. PRECAUTIONARY PRINCIPLE:
B. PUBLIC TRUST DOCTRINE
C. PRINCIPLE OF INTERGENERATION EQUITY
D. KYOTO PROTOCOL 1997
E. THIRD GENERATION RIGHTS
F. ENVIRONMENT (PROTECTION) RULES, 1986
G. DEVELOPMENT V. ENVIRONMENT
H. THE ENVIRONMENT (PROTECTION) ACT 1986
LOCUS STANDI :
PREMATURITY:
The mere existence of a law is enough for a cause of action and Art. 32 and thus the
contention of Prematurity is misplaced.
Petitioners concern for the environment, ecology and the wildlife should be shared by the
government. The observation of the court is important as it emphasizes the rationale of
PIL in environmental issues. It is the duty of the state to protect the environment—a duty
imposed by the Directive Principles and Fundamental Duties, introduced by the forty-
second amendment of the Constitution.1
The range of issues addressed by PIL has been very broad. It extends from compassion to
animals2, privileges of tribal people and fishermen3, to the eco-system of Himalayas and
forests4, eco-tourism, land use patterns5 and vindication of an eco-malady of a village.6
_________________________________________
ARTICLE 21:
No person shall be deprived of his life or personal liberty except according to procedure
established by law.
RIGHT TO LIVELIHOOD:
The state is under negative obligation, viz, not to deprive a person of this right with out
just and fair procedure. any person, who is deprive of his right livelihood except
according to just and fair procedure established by law, can challenged the deprivation as
offending the right of life conferred by Article 21.1
In the present case people of haku tribe dependent on forests and common land for a
variety of non-commercial timber forest products for food and fuel, small timber for
housing, and herbs and medicinal plants for meeting their subsistence livelihood needs.
In a series of meeting held by the Government to resolve the issue, the Company,
CORSO, promises to incorporate only 10,000 persons who may lose their livelihood as a
result of the establishment of this industry.
Madhavi v. Thilakan
The Kerela High Court referred to Article 47, 51-A(g) and 21 of the Constitution and
held as follows:
To say that a workshop of factory should not be closed down, as it provides livelihood to
some persons unmindful of the consequences to others, would be to say the untenable.
Constitutionally recognized values cannot be ignored.”
(4)
III.ESTABHISHMENT OF INDUSTRY POSING A THREAT TO ECOLOGY:
PRECAUTIONARY PRINCIPLE:
Precautionary principle is based on the theory that it is better to err on the side of
caution, and prevent environmental harm which may indeed become irreversible.
Precautionary principle anticipated action to be taken to prevent harm.1
The precautionary principle makes it mandatory for the state government to anticipate,
prevent and attack the causes of environmental protection degradation.2
The onus of proof is on the actor or the developer industrialist to show that his action is
environmentally benign.3
Thus it is high time that the government take proper initiative in the present context and
prohibit the establishment of industry to sustain and preserve the rich and diverse
ecosystem.
1. A.P. Pollution Control Board v. Prof. M.V. Nayudu , A.I.R 1999 SC 812.
2 .Sachinand Pandey v. State of West Bengal AIR 1987 SC1109.
3.Vellor Citizens Welfare form v. UOI AIR1996 SC2715
4.M.C. Mehata v. Kamal nath (1997) 1 SCC 388
(5)
DEVELOPMENT V. ENVIRONMENT:
Governments – both are the centre and the state- must realize and remain cognizant of the
fact that the stake involved in the matter is large and far reaching. The evil consequences
________________________
1.C.M. Jariwala: “Complex Enviro-Techno Science Issues: Judicial direction
2. Article 3
(6).
would last long. Once that unwanted situation sets in, amends or repairs would not be
possible the greenery of India, as some doubt, may perish and the Thar desert may
expand its limit.1
As the forest and bio-diversity of Taluna is complex and characterized by self
perpetuating eco system and is vulnerable and is liable to be destroyed by the
establishment of industry.
OBJECTIVES OF EIA:
The effects of a project on the environment must be assessed in order to take account of
the concerns to protect human health, to contribute by means of a better environment to
the quality of life, to ensure maintenance of the diversity of species and to maintain the
reproductive capacity of the ecosystem as a basic resource of life.1
In the present case recommendation given by the GO-GREEN was completely ignored by
the authority which consists comprehensive study of 10 years on environment of the
region. This shows that clearance was not meticulously examine by the authorities.
__________________________________________
(9)
V. INSUFFICIENT SCHEME OF REHABILITATION
The preamble sets out to provide for the payment of compensation and rehabilitation
grants to displaced persons and for matters connected therewith.
And whereas it has become necessary to address the long standing insecurity of tenurial
and access rights of forest dwelling Scheduled Tribes and other traditional forest dwellers
including those who were forced to relocate their dwelling due to State development
interventions
Man living in the hills and valley is dependent for survival on natural resources. To
remove him and rehabilitate him in the plains is taking a fish from the river and putting it
into an artificial reservoir or an aquarium where it might survive but can never be happy.1
____________________________
1.AIR 2004 SC 867
2.Kamal Nagar Welfare Association v. Govt. Of Andhra Pradesh, AIR 2000 AP 132
(10)
PRAYER FOR RELIEF
Whereof in the light of the issues raised, arguments advanced and authorities cited it is
humbly prayer before the Hon’ble Apex Court that it may be pleased to-
2. That the writ of mandamus to be passed for injunction against the establishment
of the industry.
3. Grant any other relief which seems fit to the Hon’ble Apex Court as per the
powers given under Art.32 of Constitution of India.
S/D-------------------------------
(Counsel for the Petitioners
(11)