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Moot Problem

The State of Bramha is facing a severe water scarcity due to drought conditions. To address this, the state plans to construct dams to store rainfall. One such dam will displace 10 villages and deprive residents of their livelihood from agriculture. An NGO called Alert Indiva filed a petition challenging the environmental clearance for the dam, arguing it violates the constitution and will displace farmers without adequate compensation. The High Court of Bramha has admitted the petition and framed issues around the maintainability of the case, the court's ability to intervene in state policy decisions, the impact on farmers' livelihoods, and whether the environmental clearance was valid.

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Chirag Saini
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271 views4 pages

Moot Problem

The State of Bramha is facing a severe water scarcity due to drought conditions. To address this, the state plans to construct dams to store rainfall. One such dam will displace 10 villages and deprive residents of their livelihood from agriculture. An NGO called Alert Indiva filed a petition challenging the environmental clearance for the dam, arguing it violates the constitution and will displace farmers without adequate compensation. The High Court of Bramha has admitted the petition and framed issues around the maintainability of the case, the court's ability to intervene in state policy decisions, the impact on farmers' livelihoods, and whether the environmental clearance was valid.

Uploaded by

Chirag Saini
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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ALERT INDIVA

Vs.

STATE OF BRAMHA AND OTHER

The State of BRAHMA is one of the States in Indiva. Due to wrath of nature the

state is facing an acute scarcity of water and the condition in major part of the state

is near to drought.

To meet this situation, the state of BRAMHA has taken a policy decision to construct

the number of dams in the State so that the rainy water could be accumulated in the

dams which would help in meeting the growing needs of water for the purpose of

drinking, agriculture and also for the Industries. The Government is also of the

opinion that the accumulation water in the dams would help in recouping the

underground water level in the state.

One of such dams is to be constructed in a district which is more severely affected.

The construction of the dam would affect ten villages which are adjoining to the

location of the dam. The villagers have agriculture as their main occupation and as

a consequence of the water stored in the dam, their agricultural fields would either

be submerged or get water logged which would deprive them of their right to

livelihood.

The state of BAMHA for the purpose of the construction of dam had floated global

tenders and one of the companies, Reliable Industries limited has been given a

contract to construct a dam.

The reliable industries limited for the purpose of construction of the dam had applied

for environment clearance to the Ministry of Environment and Forest for the

purpose.

Environment clearance has been given to the company on the ground that the

Government has an authority to do so in larger public interest.


The agriculturist in the village are also not in favour of the construction of the dam

Since they would be displaced from the land where the dam is to be constructed and

Would be deprived of their livelihood.

“Alert Indiva” is NGO which for the protection of environment in Indiva. “Älert

Indiva” which is fighting for the cause of environment has appealed to the

Government not to proceed with the construction of the dam since it would lead to

An environmental imbalance in the State.

However the state of BRAMHA is determined to proceed with the construction of

Dam in public interest.

“Alert Indiva” has therefore filed a petition under Art.226 and Art.227 of the

Constitution of Indiva on the ground that the Environment Clearance Certificate

Granted is bad in letter and spirit of the constitution and against the national interest.

“Alert Indiva” has also taken the cause of the agriculture who are likely to be

Displaced and has submitted that the construction of the said dam is in violation of
Art.21 of the constitution of Indiva as regards right to life and Personal liberty of the

Agriculturists in the area.

The High Court of Judicature of Bramha has admitted the petition for hearing and

Has framed the following issues for the purpose of adjudication.

Issue No.01

Whether the present petition has been field in public interest and therefore

Maintainable as a Public Interest Litigation?

Issue No. 02

Whether the Writ Petition filed under Art.226 and Art.227 of the Constitution of

Indiva is Maintainable?

Issue No. 03

Whether the High Court of BRAMHA can interfere in any policy decision taken by

The State of BRAMHA?

Issue No. 04

Whether the displacement of the agriculturists from the area where the proposed dam
Is to be constructed amounts to violation of Art. 21 of the Constitution of Indiva?

Issue No. 05

Whether the Environment Clearance Certificate granted by the State is contrary to

The provisions of Constitution of Indiva?

Issue No. 06

Whether the decision taken by the State of BRAHMA to construct the dam deserves

To be maintained or should be quashed and set aside?

Note: Laws of Indiva are the same as laws of India.

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