Expected questions
1. What are the brief facts of the case?
1. It is submitted that in September 2016 there was heavy rainfall in Hyderabad which
created flooding in residences and on roads in different parts of the city. The flooding
near the Rasoolpura nala caused loss of 7 lives, injury to a number of people, trees
uprooted, vehicles submerged & people stranded. This situation had arisen because
of the irresponsibility of the respondents.
2. Who are parties to this case?
Petitioner: Mohd Amjad Khan.
Respondent: State of Telangana and Ors
3. Why did the petitioner file the case?
Public interest on behalf of the aggrieved people in and around Rasoolpura Nala.
4. What are the contentions / arguments of petitioner?
a) The PIL is on behalf of the person residing in and around Rasoolpura nala who have
suffered ill-health, loss of lives and are living in a poor environmental conditions
which are caused due to the in actions, easy going and carefree attitude of the
government officials in doing their duties.
b) Article 21 of Indian constitution talks about right to life which includes right to
healthy environment which is fundament right which in this case is being violated
as the government is not taking care of the environment by removing the garbage,
repairing the storm water drain and removing the illegal building because of which
constant floods are being caused and people living in the nearby areas of the
Rasoolpura nala have been suffering from various diseases such as dengue, malaria,
yellow fever, typhoid fever, cholera etc.
c) AP Telangana Area Land Revenue Act and AP Land Grabbing Prohibition Act
prohibits construction to be carried out in water bodies, nalas, buffer zone areas
and inlets and outlets of lakes. Thus the construction near the Rasoolpura nala
is illegal and against acts mentioned.
d) The government has failed to follow the directive principle of state policy Article
48A which states that the State (government) shall endeavour to protect and
improve the environment.
e) It is further pleaded to the Hon’ble court that the state government be penalized for a
sum of Rs. 10 crore. According to Article 300 of the Indian constitution which
states that the State government can be sued in case if the government action
has been prejudicial to public interest or in case if the government is in violation
of the fundamental rights of its citizen. Thus in the given case the government
action are prejudicial to public interest and also in violation of fundamental right of its
citizen under article 21 of the Indian constitution.
5. What are the contentions / arguments of Respondents?
1. It is humbly submitted that the State Government and its various government
departments are constantly working towards the improvement of the environment,
removal of illegal buildings and repairing of the storm water drains & abiding by their
duty under Article 48A of the Indian Constitution.
2. It is further submitted that the flooding which happened in the month of September
2016 was an Act of God and the government could not have planned for it.
3. It is submitted that it is a fundamental duty of every citizen of India according to article
51A (g) of the Indian Constitution to protect and improve the natural
environment including forests, lakes, rivers, and wild life, and to have compassion for
living creates which the people themselves have failed to do. The act of dumping
garbage near the nala is a criminal offence under IPC section 268 and section
269 and the people who have committed such an offence are liable to be
punished according to the law.
4. It is submitted that the writ petition filed as a Public Interest Litigation is an abuse of
the process of the Court and is liable to be dismissed with costs.
5. It is further submitted that the penalty of Rs. 10 Crores is irrational and unjustified.
6. What is the relief prayed for?
1. To protect Rasoolpura nala land from illegal occupiers
2. To register criminal cases against the encroachers.
3. To fix boundaries after conducting survey of the nala
4. To issue writ of mandamus directing the respondents to work together and remove all
the encroachments or unauthorized, repair the storm water drain, and remove the
garbage dumped in the Rasoolpura nala
5. To declare that each respondent has been authorized by the State government to
perform their duty which they have miserably failed and hence they should be
penalized for a sum of Rs 10 crores for their inaction in doing their duty to prevent the
encroachments.
and to pass such order or orders as this Hon’ble court may deem fit and proper in the
interest of justice.
7. What is PIL? Who can file PIL?
Public interest Litigation (PIL) means litigation filed in a court of
law, for the protection of “Public Interest”, such as Pollution, Terrorism,
Road safety, Constructional hazards etc. Any matter where the interest
of public at large is affected can be redressed by filing a Public Interest
Litigation in a court of law.
Any person can file a PIL. The petitioner need not be the aggrieved
person.Even an organisation can file a PIL.
8. What are the guidelines by Supreme Court for filing PIL?
Of the many guidelines stated by the Supreme court, this PIL has been filed under
the guideline of “. Petitions pertaining to environmental pollution, disturbance of
ecological balance, drugs, food adulteration, maintenance of heritage and culture,
antiques, forest and wild life and other matters of public importance.
9. What is jurisdiction? What are writs?
jurisdiction can be defined as the limit of judicial authority or the extent to which a
court of law can exercise its authority over suits, cases, appeals and other
proceedings.
In this case the jurisdiction is The Telangana Moot High court.
a form of written command in the name of a court or other legal authority to act, or
abstain from acting, in a particular way.
5 Kinds: Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo-Warranto.
10. How are respondents liable?
The respondents has failed to discharge their statutory and constitutional obligations.
11. What are the alternative remedies available to petitioner?
12. What are the issues in this case?
1. Whether the PIL filed by the petitioner is in the interest of public at large.
2. Whether the encroachments or unauthorized constructions made near rasoolpura
nala has affected ecological balance.
3. Whether the non-removal of encroachments amount there to breach of duty to the
respondents.
4. Whether the respondents are liable for penalty of Rs. 10 cores? If so to what
extent.
5. Whether the encroachments led to floods.
6. Whether there is any human interference ? if so, who is liable ?
What is the rule of locus standi?
In legal terms, Locus Standi essentially applies to a plaintiff's attempt to show to the
court that there is ample relation or correlation or cause of action to the plaintiff from
the suit. In other terms, it applies to a person's capacity to put a case before the
court of law or to testify before the court of law.
To address the Hon’ble Court?
With your kind permission may I address the Hon’ble Court as Your Honour
I’m the counsel for Petitioner/Respondent in the case of Mohd Amjad Khand Vs.
State of Telangana and Others.
With the kind permission of the Hon’ble Court may I present the brief facts of the
Court.
Once the judge permits please respond MUCH OBLIGED.
In case of any mistakes while addressing the court please start with My apologies.
