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MOOT COURT PROBLEM 2017

Enviro Protection Action GroupPetitioner

Vs

TEMP Construction Company Limited.................................................................Respondent 1

Green State Pollution Control Board through Member Secretary.......Respondent 2

The Collector, Office of the Collector, Daspur District..........................................Respondent 3

Daspur, a hill stationat an altitude of 1045 meters, on the banksof river Riviera, is situated in
Green State (State), a small State in the nation Territoria. Daspur was declared as an Eco-
sensitive zone (ESZ) by Territoria Government by the Notification dated 01.06.2013 under the
Environment Protection Act and Rules made there under. Daspur is spread over 10,000
hectares of land laden with lush greenery of tropical trees. It is a very high rainfall area. The
forests in Daspur trigger heavy rainfall which fills-in dams and which in turn provides precious
water to the contiguous rain shadow area which is dependent on this water as the substantial
part of the agrarian economy of the State thrives on this source of water. However, the constant
desecration of forests of the region is casting an adverse influence on the rainfall patterns and
the danger of water shortage in various adjoining areas is directly attributed to the denudation
of forests on the tropical hills. Further the phenomenon of greenhouse gases is conspicuously
lurking at the onset of global warming which has evoked a desperate apprehension of the entire
world.

The controversy arose in 2013 when TEMP Construction Company Limited (TEMP) started
construction of a planned township-Tatvaa in Daspur. Tatvaa is first such attempt in
Territoria by which TEMP aims to bring life to the hills in Daspur and construct planned
township. Mr. Premchand Barucha of TEMP is heading the company as its Managing Director.
Amongst the non-executive directors of TEMP, the notable name is that of Mr. Surup Anandi
who retired in 2010 as the Member Secretary of Green State Pollution Control Board. Tatvaa is
the project in which there would be houses, villas, restaurants, schools, colleges, hospitals,
sport academies, hotels and theme parks with state of art infrastructure with modern amenities
but within economical budget, thereby enabling a common man to live life at par with
international standards. The entire project is expected to be completed by 2022. Tatvaa is
designed similar to the stylistic Italian town Puerto Fabrico. When fully completed it can house
1,00,000 people (around 30,000 units). The project comprises of four phases built on the land
in and around four hills in Daspur. Tatvaa Phase-I is the first phase, the construction of which
had already commenced in early 2013. The construction of residential complexes, golf course,
football academy, open ground for sports and outdoor activities accommodating 10,000
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spectators, a very large health and wellness center, theme park of over 70 acres for tourists,
organic plantation for self consumption, schools and three malls is continuing and the work of
phase one is almost 45% complete at the end of Dec 2016.The four phases altogether require
only 1000 acres of land.

The entire project outlay for the four phases is around Rs.13,500 Crores and it is around
Rs.5,000 crores for phase one. The expenditure of phase one includes initial outlay on various
counts in Daspur area such as steps taken for conservation of natural and manmade heritage,
protection of hill slopes, conservation of existing water bodies, protecting natural springs,
setting up sewage and effluent treatment plants with segregation of solid wastes into
biodegradable and non-biodegradable components, building several mini hydel power projects
and establishing Enviro labs (Greenlabs) as permanent centers in Daspur for research in soil,
moisture retention, flora, fauna, vegetation and pollution prevention.

The negotiations for land acquisition were undertaken with local communities living in
Daspuras bona-fide residents, for which monetary compensation was adequately and fully paid
according to the market value that existed when lands were acquired. They were also assured
of jobs at the Tatvaa construction site for semi-skilled or unskilled residents. As proposed by
TEMP, Tatvaa will be a self-contained township for the future smart Territoria. But, it will not
overlook the rehabilitation of persons displaced due to the project by taking all such measures
to fulfill its obligation as a part of its Corporate Social Responsibility (CSR)efforts which
includes providing them i) water and electricity at very low rates, ii) sanitation and upgraded
living conditions, iii) free education up to graduation for their children, iv) sill improvement
facilities and opportunities, v) employment in the agencies, services coming up in the area and
vi) workable opportunities to set up their own trades and business in the area. A Society will be
established locally by TEMP to ensure that these and other required measures are taken
continuously and TEMP will provide adequate finance to such Society as a CSR initiative.
TEMP has given an undertaking to this effect to the State. The Zonal Master Plan for Daspur
ESZ prepared by the State has considered the Tatvaa project.

However, Tatvaa was always mired in controversy right from the inception of the concept.
Social activist Radha Joshi, Anne Becks have filed a Public Interest Litigation (PIL) through
Enviro Protection Action Group(EPAG) against TEMP for violating environmental norm, laws
and rules and for illegal construction being carried out at Tatvaa. The Petitioners are citizens of
Territoria, running their own NGOs in the State, have a profound concern about environment
and social justice and they take up the cause of the poor and downtrodden in general and
people affected by environment abuse in particular. EPAG is leading the agitation of locals in
Daspur against the rampant land acquisition by TEMP and there is growing support for the
movement. But the NGO was recently under investigation and scrutiny for violation of Foreign
Contribution Regulation Act (FCRA) and its FCRA license was cancelled by the Government
of Territoria.
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TEMP is the prime beneficiary of the gains resulting from the myriad violations of law as more
than 30 villages with total population of more than 15,000 are reeling under severe stress of
destruction of natural habitat, eviction, land alienation, intrusion into their hitherto quiet
domains by TEMP workforce, and preclusion of the rights to community access to fresh water
bodies, river water, temples, bridle paths. The forced displacement from the area occupied and
inhabited by the bona-fide residents for generations and over last several centuries is gross
trampling by TEMP. The Environment Clearance was issued on 18.03.2013by the Environment
Department of the State and not by the Competent Authority, i.e. the Central Authority of
Environment and Forests of Territoria (Central Authority) and this is in violation of the
Environment Impact Assessment. The on-going construction of this project has commenced
without prior Environment Clearance from the Central Authority, as required under the
Environment Protection Act and Rules made there under because the clearance was granted
illegally by the State which had no statutory powers of any nature whatsoever to grant such
clearance. Hence it is fundamentally devoid of any sanction of law and because of which the
huge human intervention in the pristine and fragile ecology of the region has been put in peril.
It has also simultaneously resulted in despair in the lives of the locals who had been dwelling
in their agrarian setup in their pristine habitats since time immemorial. The project is illegal as
the construction of Tatvaa has a critical significance in the scenario of deteriorating
environment to devastation, causing grave violation of law and leading to high precarious
phenomenon of global warming. Despite repeated notices to various authorities, no worthwhile
action has been taken leading to Tatvaa project being carried with conspicuous illegalities
associated with the project.

The project required an environment clearance as it is at an altitude of more than 1000 metres,
the roads pass through forest areas and has about 4 dams, the project runs into several phases
and also that it had not reached the plinth level as on 01.06.2013. Therefore, prior clearance
should have been obtained from the Central authority also for Environment Impact
Assessment. The Tatvaa project causes damage to the environment as well as inconvenience to
the local inhabitants.

Mr. Crusader, in the meantime, was allowed by the Court to file an intervention application.
The intervener says that Tatvaa project is part of the Territoria Government initiative and it is
in line with the assurances given by the Territoria Government for the development of Daspur
hilly region that remained underdeveloped for decades. The assurances were given in 2013 by
the First Minister, the head of the Ministers of Territoria, in the Peoples House of Territoria in
response to which a private members Bill for the development of Green State was withdrawn.
The private member represented the Daspur constituency in 2009-2013. In that Bill,
developing township like Tatvaa was included as one of the provisions. The intervener says
that Tatvaa project is therefore the culmination of the demands of the people of Daspur and
assurances given by the Government of Territoria and hence it is legal.
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The activists have moved the Apex Court of the State by filing a PIL, raising several issues
therein. Though replies are to be filed by Respondent No 2 and 3, the questions/issues that
arise are-

1. Whether the Petitioners have locus to file the PIL.

2. Whether the filing of PIL is barred due to undue delay.

3. Whether there has been violation of fundamental rights enshrined in the Constitution.

4. Whether assurances given by the First Minister of Territoria Government override law.

5. Whether the on-going construction of Tatvaa project be halted

6. Whether TEMP should be asked to restore the environment as it was on the date of
construction of the project
7. Whether TEMP be compelled to pay compensation to Daspur residents.

8. Whether the provisions of Environment Protection Act are violated

9. Whether post-facto approval could be granted to Tatvaa and if granted, whether it is

legal.
10. Whether criminal liabilities can be imputed to the Directors of TEMP and public
servants for unlawfully assisting TEMP

P.S-The participants are allowed to raise any other issues or questions that they consider
appropriate in this case. The participants shall appear before the court on behalf of the
Petitioner and Respondent No. 1. The Constitution and Laws of the Republic of India will be
applicable to the present matter and proceedings.