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IMS UNISON UNIVERSITY ACADEMICIANS
3rd NATIONAL MOOT COURT
COMPETITION-2015 I
Organized By:
SCHOOL OF LAW
IMS UNISON UNIVERSITY
DEHRADUN
www.iuu.ac
IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015
Dear Sir/Madam,
It gives us immense pleasure to invite students from your esteemed Institution to participate in the IMS
Unison University 3rd National Moot Court Competition-2015. The Moot Court Competition is being
organized by the School of Law, IMS Unison University, Dehradun on September 17-19, 2015.
The Moot Problem, Registration Form, Rules & Regulations and Travel Plan for the Moot Court
Competition are enclosed herewith.
The teams must register themselves latest by August 29, 2015 by sending the scanned copy of the duly
filled-in Registration Form along with requisite receipt of the Registration Fee through Demand Draft at
sol.mootcourt@iuu.ac. They should also send the hard copies of the Registration Form, Demand Draft and
the Travel Plan by September 3, 2015.
Please feel free to write or contact us for any further clarification at sol.mootcourt@iuu.ac .
We look forward to participation of your team in the aforesaid Moot Court Competition and make it a
successful event.
With regards,
School of Law, IMS Unison University, Dehradun has organized two versions of National Moot Court
Competition. The 1st National Moot Court was organized on February 7-8, 2014 and was blessed with the
august presence of Hon‟ble Justice G.S. Singhvi, Retd. Judge, Supreme Court of India and Hon‟ble Justice
U.C. Dhyani, Judge, Uttarakhand High Court. The 2nd National Moot Court Competition was organized on
October 10-11, 2014 and Hon‟ble Justice Chelameswar, Judge, Supreme Court of India and Hon‟ble Justice
A.K. Patnaik, Judge, Supreme Court of India blessed the event with their gracious presence. Keeping up
with this tradition of organizing National Moot Court Competitions, we are set to organize the 3rd edition of
the National Moot Court Competition on September 17-19, 2015
IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015
DEAN‟S MESSAGE
The Landscape of Higher Education in India is witnessing rapid transformation. The Public- Private
Partnership (PPP) is now an accepted mode of ushering in an era for progress in all spheres of human
development. Education is core area where private universities are playing vital role. IMS Unison University
is one of the finest and value oriented Institution of Higher Studies and Research, located in the foot hills of
Mussorie (Dehradun). IMS Unison University (IUU) offers a tranquil and captivating environment with
finest infrastructure and faculty team in different streams of Management, Computer Applications, Mass
Communication and Law.
The IMS Unison University alumni are testimony to the high standards of education delivered. IMS Unison
University‟s reputation in the industry is maintained high by our students who hold respectable positions in
the industry.
Moot courts are an essential part of Legal Curriculum, giving budding lawyers the opportunity to take part in
simulated court proceedings involving drafting of memorials and presenting oral arguments. This gives them
the right kind of exposure to develop their advocacy skills.
The School of Law at IUU is making rapid advancement in standards of legal education and raising research
by revamping courses, empowering faculty training, organizing national and international events viz: moot
courts, conferences, workshops, events like quiz, debates, eloquence, essay competitions, legal aid clinics,
legal literacy camps and many more.
The University has a global vision and is actively pursuing the establishment of a network of collaborative
teaching and research partnership with reputed universities across the globe. I am delighted to be an
associate of IMS Unison University as Dean & Head-School of Law. I extend greetings and best wishes to
one and all.
SCHEDULE
Key Dates
8th Aug, 2015 Release of Moot Problem and Rules and Regulations of the Moot Court
Competition
29th Aug, 2015 Last Date for Submission of Soft Copy of Registration Form, Demand
Draft and Travel Plan through e-mail at sol.mootcourt@iuu.ac
3rd Sep, 2015 Last Date for Submission of Hard Copies of Registration Form, Demand
Draft & Travel Plan
6th Sep, 2015 Last Date for Submission of Memorials (Soft Copy)
11th Sep, 2015 Last Date for Submission of Memorials (Hard Copy)
17th Sep, 2015 Inauguration, Draw of Lots and Memorial Exchange (3:00 pm onwards)
18th Sep 2015 Preliminary Round, Round of 16 and Quarter Finals
19th Sep 2015 Semi Finals, Final and Valedictory
IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015
I. ELIGIBILITY
The Competition is open for students pursuing three/ five year LL.B. Degree Course from any
recognized Law University/College in India, subject to fulfillment of the registration formalities. Only
one team is allowed to participate from a recognized University/College.
III. REGISTRATION
1. In order to confirm participation, every team should register themselves. The registration process
consists of the following two steps:
Step one: Each team is required to send the scanned copies of their duly filled-in Registration Form
along with Demand Draft and Travel Plan to sol.mootcourt@iuu.ac by August 29, 2015. Subject of
the mail should bear “Registration Form for IMS UNISON UNIVERSITY 3rdNational Moot
Court Competition-2015”. The details for Demand Draft are given hereunder:
The Demand Draft shall be drawn in the favour of “IMS Unison University” payable at Dehradun.
Step two: Send the hard copies of the Registration Form, Travel Plan and the Demand Draft
by3rdSeptember, 2015 to the following postal address:
Postal Address:
Dean & Head-School of Law,
IMS Unison University,
Makkawala Greens, Mussoorie Diversion Road,
Dehradun- 248009
IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015
2. Registration Fee:
i. Rs. 3600/- (Rupees Three Thousand & Six Hundred only) for each participating team consisting of
3 members. (With Accommodation)
ii. Rs. 2000/- (Rupees Two Thousand only) for each participating team consisting of 3 members.
(Without Accommodation)
iii. Rs. 1500/- (Rupees One Thousand Five Hundred only) for every additional member
accompanying the team.
3. In case of justifiable reasons submitted by the participants, the Director-NMCC may permit spot
Registration subject to payment of additional Registration charges up to Rs. 1000/ team.
4. Forms received after the deadline i.e. August 29, 2015 shall not be considered for registration.
5. The Registration is open to only 32 teams on “first come first serve basis”.
VI. ROUNDS
1. Draw of Lots
After the draw of lots, each team will be assigned a side (appellant/respondent). Fixtures of the
teams will be according to the Draw of lots.
2. Preliminary Round
This will be a knock-out round. Each team shall represent only one side as decided during the draw
of lots. The winner of each court-room will be decided on the basis of the scores awarded by the
Judges in this round and the marks awarded by MEC in the memorial evaluation.
Note: The 16 winning teams from this round shall proceed to the Round of 16.
3. Round of 16
This will again be a knock out round and each team shall represent only one side as will be decided
by the draw of lots. The winner of each court-room shall be decided on the basis of scores awarded
by the Judges in this round.
Note: The 8 winning teams from this round shall proceed to the Quarter Finals.
4. Quarter Finals
This will again be a knock out round and each team shall represent only one side as will be decided
by the draw of lots. The winner of each court-room shall be decided on the basis of scores awarded
by the Judges in this round.
Note: The 4 winning teams from this round shall proceed to the Semi Finals.
5. Semi Finals
This will again be a knock out round and each team shall represent only one side as will be decided
by the draw of lots. The winner of each court-room shall be decided on the basis of scores awarded
by the Judges in this round.
Note: The 2 winning teams from this round shall proceed to the Final.
6. Final
The final shall take place between the winners of the Semi-Final round.
IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015
XII. DISPUTES
Any dispute about the Moot Court Competition shall be referred to the Dispute Resolution Committee,
before the end of the competition. In all matters of complaints or disputes, the decision of the Dispute
Resolution Committee (DRC) shall be final.
Postal Address:
Dean & Head- School of Law,
IMS Unison University,
Makkawala Greens,
Mussoorie Diversion Road,
Dehradun- 248009
Email: sol.mootcourt@iuu.ac
Web Site: www.iuu.ac
IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015
MOOT PROBLEM
Mithila is a state of the Indian Union which is located on the eastern part of the nation. The state is among
the top 3 states in the production of rice and hence its economy is vastly dependent on agriculture. The state
receives ample amount of rain during the monsoon season which favours the growth of paddy and moreover
the land is highly fertile owing to the high deposit of silt and alluvium brought down by the river Padma
which originates in the Sindukush Range in the north.
This state is one of the most politically sensitive states with frequent political clashes between the different
political parties. In 2008, the Socialist Party of India, a party inclined towards communist ideology came to
power following the Legislative Assembly elections for the 7th consecutive time. Mr. Gautamdev Pandit was
elected as the Chief Minister for the second time and in his maiden speech after swearing in as the Chief
Minister for the second time he emphasized on the fact that the state of Mithila although quite stable in
agricultural sector, needs a boost in the industrial field as was promised in the election manifesto. He gave
an open invitation to the corporate houses to come and setup industries in the state to boost the economy of
the state which was not in a good shape.
Meanwhile, the Sparta India Pvt. Ltd which was an industrial giant of India announced that they would soon
launch a new and affordable car called the “Sparta Giano” which according to them would revolutionalize
the Indian automobile sector. The Chairman of the Sparta Group, Mr. Sudeep Sparta, in an interview said
that they were looking for an ideal location to setup the “Giano” plant and they are open for any offer for the
same. Mr. Gautamdev Pandit welcomed the Sparta Group to the state of Mithila and promised them that the
state has the ideal infrastructure and workforce to make the project a success. After a long series of talks
between the State Government & Sparta officials, finally a site was selected for the setup of the plant in the
state.
In a joint press conference Mr. Pandit and Mr. Sparta said that they have decided to setup the plant in
Bangur, well connected through the national highway to state capital which is 20 kilometers away from it. It
was said that the state government would acquire 950 acres of agricultural land on behalf of Sparta Group
and the Sparta Group shall provide compensation and employment to the families of the farmers whose
lands would be acquired. Bangur is located in the district of Srirampur. It is known to be one of the most
fertile areas of the country. The quantum of paddy produced there is so high that it earned the reputation of
being styled as the rice bowl of Mithila. The news of land acquisition became viral, resulting in violent
protests across Bangur as majority of the farmers refused to give away their land.
The Federal Party of India which was the main opposition party espoused the cause of the farmers who were
against the land acquisition. Ms. Seema Thakur who was the leader of opposition organizing violent protests
and dharnas all across the state warned the government of a mass agitation if it went ahead with its plan of
IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015
acquisition. The Sparta officials who came to inspect the land were driven away by the local people with
backup support of the Federal Party. But the government being hell bent on acquiring the land, using
massive police force which resorted to lathi charge, tear gas and water canon acquired the land in October,
2008 and handed it over to the Sparta Group.
Without wasting any time, The Sparta Group began the construction work of the Giano plant and by August
2009 the plant was ready to undergo production. Meanwhile, Ms. Seema Thakur, continuing her allegation
on the state government of foul play and forcible acquisition, organized a sit in protest just outside the gates
of the plant. The sit in protest which continued for two long months ultimately forced the Sparta Group to
withdraw their project from the site although they did not part with the ownership of the land. The Federal
Party taking it as their moral victory promised that if they were voted to power in the next assembly
election, they would certainly return the lands which was around 400 acres to the unwilling farmers and
utilize the rest of the land for some other purposes beneficial to the people.
Owing to high anti-incumbency wave, the Federal Party of India was voted to power in the Assembly
Elections of 2013 and Ms. Seema Thakur became the Chief Minister of the state. Acting promptly on the
promise made before the election, in the first cabinet meeting of the state it was agreed that a law would be
made to acquire 950 acres of land in Bangur and hand over 400 acres back to the unwilling farmers and
utilize the rest for other purposes.
The State Government in its first Assembly Session introduced the Bangur Land Rehabilitation and
Development Bill, 2013 and passed it in the same session amidst huge protest from the opposition party. The
Governor of Mithila assented to the bill which came into force from 1st November 2013. The primary object
of the Act was to acquire the land from the Sparta Group and return 400 acres land to the unwilling farmers
from whom earlier the land was acquired and utilize the rest for some purpose beneficial to the people. The
Act does not contemplate any clear provision regarding the compensation to be paid to the Sparta Group, but
only states that the money paid by the vendors shall be refunded to the Sparta group.
Soon after the enactment of the Act, the State Government took possession of the 950 acres of land from the
Sparta group. The Sparta Group immediately challenged the constitutional validity of the Act in the High
Court of Mithila as violative of Article 14 of the Constitution of India on the ground that the Act failed to
answer the test of reasonable classification. A Single Judge Bench upheld the constitutional validity of the
Act. Further, it was held that the provision of the Act pertaining to compensation is vague and uncertain and
that it be suitably amended to incorporate a concrete provision regarding the same. Being aggrieved by the
judgment the Sparta Group filed an appeal in the division bench of the High Court of Mithila which declared
the Act to be “unconstitutional and void”.
IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015
The Division Bench held that this Act on “land acquisition” is a concurrent subject and some provisions of
the law are in conflict with Central Land Acquisition, Rehabilitation and Resettlement Act, 2013 as no
proper Social Impact Assessment or Environmental Impact Assessment clause is found in the impugned Act
which is essential in case of any land acquisition as per the aforesaid Central Act that it comes under its
shadow. In addition to that it was also held that the said Act did not contain any concrete criteria to
determine the issue of public purpose which is an essential requirement as returning of land to the
“unwilling” farmers or landowners was not a public purpose. The Act was held violative of Article 14 of the
Constitution of India as it failed to satisfy the test of reasonable classification and intelligible differentia.
The bench also observed that the state government has not sought the assent of the President of India which
according to it is necessary for such an Act. Further the High Court of Mithila observed that there was only a
mention of the term “refund” in the Act and no clear cut compensation scheme was provided.
Aggrieved by the decision of the High Court of Mithila, the State Government preferred an appeal to the
Supreme Court of India. The Supreme Court of India admitted the appeal and listed it for final hearing
framing the following issues:
1. Whether the Bangur Land Rehabilitation and Development Act, 2013 is violative of Article 14 of the
Constitution of India?
2. Whether the consent of the President of India was essential for the Bangur Land Rehabilitation and
Development Bill, 2013?
3. Whether the absence of Social Impact Assessment clause renders the Bangur Land Rehabilitation
and Development Act, 2013 repugnant to the Central Land Acquisition, Rehabilitation and
Resettlement Act, 2013?
4. Whether the acquisition of land under the Bangur Land Rehabilitation and Development Act, 2013
fulfills the criteria of “public purpose” as mentioned in the Central Land Acquisition, Rehabilitation
and Resettlement Act, 2013?
5. Whether the “refund clause” mentioned in the Bangur Land Rehabilitation and Development Act,
2013 is legally valid?
Note:
a. The Bangur Land Rehabilitation and Development Act, 2013 is pari materia with the Singur Land
Rehabilitation and Development Act, 2011.
b. The teams may frame any other relevant issue.
IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015
2. TEAM DETAILS
Speaker-1
Name:……………………………………..………Gender: …………..…..…………………….
Course:…………………………………………...Year:…………………………………………
Mobile No: …………….……………………........Email:……………….……………..…………
Speaker-2
Name:…………………………………………….Gender:………..………………......................
Course:………………………………………….. Year: ………………………………………….
Mobile No: …………….…………………………Email: …………..………….………..………..
Note: Demand draft should be in favour of “IMS UNISON UNIVERSITY” payable at Dehradun.
Note: All the participants are requested to send the scanned copies of the Registration Form, Travel Plan and
Demand Draft Receipt to sol.mootcourt@iuu.ac by August 29, 2015 and their hard copies by September 3,
2015.
Postal Address
Dean & Head-School of Law,
IMS Unison University,
Makkawala Greens, Mussoorie Diversion Road,
Dehradun- 248009
Email: sol.mootcourt@iuu.ac
Web Site: www.iuu.ac
IMS UNISON UNIVERSITY 3rd NATIONAL MOOT COURT COMPETITION 2015
Note: All the participants are requested to send the scanned copies of the Registration Form, Travel Plan and
Demand Draft Receipt to sol.mootcourt@iuu.ac by August 29, 2015 and their hard copies by September 3,
2015
Postal Address:
Dean & Head-School of Law, IMS Unison University,
Makkawala Greens, Mussoorie Diversion Road,
Dehradun- 248009
Email: sol.mootcourt@iuu.ac
Web Site: www.iuu.ac