CLINICAL COURSE-IV: MOOT COURT EXERCISE AND INTERNSHIP

MOOT COURT EXERCISE – I

MOOT PROPOSITION:
Pro-Enviro Association
Vs
The State of Bihama and others
1. Tianzhia is a country in South Asia and is a global agricultural powerhouse.
Agriculture provides livelihood to around 58% of Tianzhia's population. In addition,
the agricultural states in the country are producing high-quality food grains and other
food goods as well. The Tianzhian agriculture business is growing at a rapid rate and
continues to contribute to a global trade.

2. Bihama is one of the important farming State of Tianzhia with considerable state-level
crop production. Due to wrath of nature the State of Bihama 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 Bihama 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 of 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.

3. 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 Bihama for the purpose of the construction of dam had floated global
tenders and one of the companies, Global Industries Limited (GIL) has been given a
contract to construct a dam. The GIL for the purpose of construction of the dam had
applied for environment clearance to the Ministry of Environment and Forest for the
purpose.

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 4. 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 agriculturists 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.

5. Pro-Enviro Association (PEA) is an NGO which works for the cause of environment
in Tianzhia. It has appealed to the Government not to proceed with the construction of
the dam since it would lead to an environmental imbalance as damming of rivers
would produce dramatic and far-reaching environmental changes in the State.
However the State of Bihama is determined to proceed with the construction of dam
in public interest.

6. PEA has therefore filed a petition under Article 226 and 227 of the Constitution of
Tianzhia on the ground that the Environment Clearance Certificate granted is bad in
letter and spirit of the Constitution and against the national interest. PEA has also
taken the cause of the agriculturists who are likely to be displaced and has submitted
that the construction of the said dam is in violation of Article 21 of the Constitution of
Tianzhia specifically the villagers right to livelihood as guaranteed within the
meaning of ‘right to life and personal liberty’ under the said provision. The High
Court of Judicature at Bihama has admitted the petition for hearing and has framed
the following issues for the purpose of adjudication.

Issues:
1. Whether the present petition has been field in public interest and therefore
maintainable as a PIL?
2. Whether the Writ Petition filed under Art. 226 and Art. 227 of the Constitution of
Tianzhia is Maintainable?
3. Whether the High Court of Bihama can interfere in any policy decision taken by the
State of Bihama?
4. 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 Tianzhia?
5. Whether the Environment Clearance Certificate granted by the State of Bihama to
construct the dam deserves to be maintained or should be quashed and set aside?
6. Whether the decision taken by the State of Bihama to construct the dam deserves to
be maintained or should be quashed and set aside?

Note:

The Constitution and all other laws of Tianzhia should be interpreted in pari materia with the
Constitution and other laws of India.

Disclaimer:

This problem is hypothetical and has been framed purely for academic purpose only.

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GENERAL INSTRUCTIONS:

1. The Moot Court is compulsory for all the students. It will be conducted on 02-07-2022 &
09-07-2022
2. This Moot Court exercise carry 10 marks, which will be divided as under:
Ø For oral advocacy (Oral Arguments) : 5 Marks
Ø For written submission (Memorial) : 5 Marks
3. General Rules for the submission of Memorial:
3.1. Memorial is required to be submitted only for one party. Each student shall write a
Memorial either as a Plaintiff/Petitioner OR Defendant/Respondent as per the sides
allotted to them. Sides allocation list will be circulated in WhatsApp group.
3.2. All Memorials must be formatted in accordance with the Sample Memo available in
the Library.
3.3. The Memorial should be Hand-Written. The hand writing must be neat and legible.
3.4. Students should use only A4 Sheets having borders and only one side of the each
sheet shall be used for writing.
3.5. The Memorial must Contain the following:
· Cover Page
· Table of Contents
· List of Abbreviations
· Index of Authorities
· Statement of Jurisdiction
· Statement of Facts
· Issues Raised
· Summary of Arguments
· Arguments Advanced
· Prayer
· Annexures (Optional)
3.6. The Cover Page of the Memorial shall indicate the following details:
§ Name of the College : AL-AMEEN COLLEGE OF LAW (416)
§ Name of the Student : ………………………………………
§ Course : ……………………………………………………..
§ Registration Number : ………………………………………

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 § Subject : CLINICAL COURSE-IV: MOOT COURT EXERCISE AND
NNNNNNNINTERNSHIP: MOOT COURT EXERCISE-I
§ MEMORANDUM ON BEHALF OF THE …………………
3.7. The Memorial shall be stick filed or stapled. Avoid binding as it has to be done
during the time of final submission of Practical Record on the day of Viva.
3.8. The Student should bring the Original Memorial along with two photocopies of the
same on the date fixed for oral arguments and shall get the signature of the Principal
and Course Teacher. One photocopy shall be submitted to the Course Teacher and
the original shall be kept by the student with himself/herself safely to maintain
Practical Record which shall be submitted on the day of Viva.
4. General Rules for the submission of Oral Arguments:
4.1. Each student has to submit their arguments either on behalf of the Plaintiff/Petitioner
OR Defendant/Respondent as per the sides allotted to them.
4.2. The student may present his/her arguments either in English or in Kannada.
4.3. Each student would be given 15 minutes to present their oral arguments. Judges may,
at their discretion extend oral argument time, up to a maximum of 5 minutes.
4.4. Relevant Annexures may be kept by the student and may be used during oral
arguments, if necessary.
4.5. The oral performance will be evaluated on the basis of communication skills,
application of facts, persuasion / use of authorities, and response to questions.
5. Dress Code:
The students must come in full uniform along with blazer.

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