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chirag thakkar (Committee Member)     01 September 2012

Moot court

I have to prepare a memorial for the moot court competition,since this is my first time i am facing a lot of problem.The moot problem is primarily based on Environment Law.

So i want to know, how to prepare a memorial an what should be included in it.

If any one have a memorial draft on environment problem please help.

Thank You.



Learning

 3 Replies

chirag thakkar (Committee Member)     01 September 2012

Hello Sir.

Sir i had a good interactive session with previous mooters but i need your help.

 

my case is as follow :-

Case

TELANGICTASIA is an independent country with a population of 1.2 billion people. The country is a huge attraction for foreign investment. Ever since the country adopted its liberalization policy, the construction industry has received a major boost.  It contributes more than 5% to the nation’s GDP and 78% to the gross capital formation. It has adopted the laws of India and has incorporated those amendments into the constitution and other laws which India would pass, from time to time.

In this rush of development, the state of  VENTOS has adopted all the ways to develop the infrastructure of the state. Industries in the stage are using the way of “sand mining” for extracting minerals which are industrially useful. Others reason for “sand mining” are sand is useful for making bricks, glass, sand papers, filing roads, building sites, making concerete which is a good supplement to the woods. It sure cuts the cost but it has a harmful impact on the environment. Sand mining causes erosion and impacts on the local wildlife.  River mining removes sediments before it has reached the seashore. All this has led to near extinction of “gharials” (Specie of crocodile). It also destroys fisheries causing problem for people who rely on fishing for their livelihoods. Illegal sand mining along beaches and shoreline has also increased. Remote beaches with road access are often targets for illegal mining.

The ministry of environment and forest department of the state found the adverse effect of it and that sustainable development was being neglected. Thus the state government imposed a ban on “sand mining”. This was a shock to industries concerned and it had a highly negative impact on the development of the state. Many projects went on hold and a lot of them were ceased because of the decision of the state government. This led to unemployment on a large scale.

The development committee of the state and a NGO “welfare of people” were not satisfied with the judgment of the High Court and thus are preferring a petition to the apex court of the country for lifting the ban on “sand mining” imposed by state.

 

Issue Raised :-

1.     Should the petition be entertained in the apex court?

2.     Is any of the fundamental duties is getting violated?

3.     Is the ban Violating ‘right of life’?

4.     Is ‘right to choose their occupation of the worker of the industries getting violated?

 

Sisir please guide me. thanking you!


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