1

BEFORE THE HON’BLE

SUPREME COURT OF WONDERLAND

Original Writ Jurisdiction

PUBLIC INTEREST LITIGATION

W.P. (CIVIL) NO. _________ OF 2021

UNDER ARTICLE 32 OF THE CONSTITUTION OF WONDERLAND

FAIRYLAND SURAKSHA SAMITI

…………….………………………………..PETITIONER

v.

UNION OF WONDERLAND AND ANR. ………....………………………………… …..

RESPONDENTS

UPON SUBMISSION TO THE HON‟BLE CHIEF JUSTICE AND HIS COMPANION

JUSTICES OF THE SUPREME COURT OF WONDERLAND

MEMORANDUM ON BEHALF OF THE PETITIONER

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Table of Contents

TABLE OF CONTENTS

Table of Contents………………………………………………………………………………….2

List of Abbreviations……………………………………………………………………………...4

Index of Authorities…………………………………………………………………………… … .6

Statement of Jurisdiction………………………………………………………………………… . 8

Statement of Facts………………………………………………………………………… … … . 13

Questions Presented…………………………………………………………………………… .. 15

Summary of Pleadings………………………………………………………………………… .. 16

Pleadings………………………………………………………………………………...……….17

1. WHETHER THE WRIT PETITON FILED UNDER ART. 32 OF THE CONSTITUION

OF WONDERLAND MAINTAINABLE
……………...………………………………………….

1.1. The petition has been filed in public interest and therefore maintainable as public
interest litigation…………………………………………………………………….

1.2. Alternative remedy not a bar………………………………………………... ...........

1.3. The jurisdiction of the SC under Art. 32 of the Constitution extends to violation of
the rights alleged in the present matter……………………………………… … .. …

1.3.1. Violation of rights of tribal people……………………………………...…….

1.3.2. Violation of rights of people living around theforests of Fairyland……….…

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Table of Contents

2. WHETHER THE RIGHTS OF THE TRIBAL COMMUNITIES ARE INFRINGED BY

THE MINING PROJECT……………………………………………………………...
2.1. Violation ofConstitutional protection and safeguards……………………………
2.1.1. Violation of Art. 19……………………………………………………………… ..
2.1.2. Violation of Art. 21…………………………………………………………………
2.1.3. Livelihood of indigenous people………………………………………………….
2.1.4. Deforestation and its effect on livelihood……………………………………….
2.2. The forced assimilation of indigenous people violates constitutional provisions of
Constitution of Wonderland and international conventions &
treaties…………………………………..
2.2.1. Forced assimilation is a violation of Art. 29(1), 48A and 51A……………..
2.2.2. Violation ofScheduled Tribe and Forest Dwellers Act……… ……………….
2.2.3. Violation of Right to Environment………………………………………….
3. WHETHER THE ENVIRONMENTAL CLEARANCE IS VALID………………..
3.1. Environmental clearance invalid based on procedural violations………………..
3.1.1. Public Hearing…………………………………………… ……………………… ..
3.1.2. Time Lapse………………………………………………………………….
3.2. Violation of Mines and Minerals (Development and Regulation) Act, 1957…....
3.3 Environment Clearance when validated………………………………………….
3.3.1. Violation of test of reasonableness…………………………………………
3.3.2. Violation of various provisions of directive principles read with fundamental
rights … ………………………………………………………………………………
Prayer………………………………………………………………………………………...

Memorandumfor the Petitioner

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List of Abbreviations

LIST OF ABBREVIATIONS

¶ Para
¶¶ Paras
AIR All India Reporter
Art. Article
Ano. Another
Ass. Assam
AP Andhra Pradesh
APLJ Andhra Pradesh Law Journal
Corp. Corporation
Cr.LJ Criminal Law Journal
HP Himachal Pradesh
ILO International Labour Organization
ICODHR International Convention on Declaration of
Human Rights
ICSCR- OP Optional Protocol of the Covenant on
Economic, Social and Cultural Rights

ICCR Indian Council for Cultural Relations

J. Justice
Ltd. Limited
MMDR Mines and Minerals (development and
Regulation) Act
Mad. LJ Madras Law Journal
Ors. Others
RUC RUSTAM URANIUM CORPORATION
PRIVATE LIMITED
SC Supreme Court
SCC Supreme Court Cases
SCR Supreme Court Reporter
Supl. Supplementary

Memorandumfor the Petitioner

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List of Abbreviations

Supp. Supplementary
STFDA Scheduled Tribes and Forest Dwellers Act
UOI Union Of India
UN United Nations
Vol. Volume
V. Versus

Memorandumfor the Petitioner

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Index of Authorities

INDEX OF AUTHORITIES

LEGISTAIONS REFERRED
1. THE CONSTITUION OF INDIA, 1950.
2. THE ENVIRONMENT ACT, 1986.
3. THE ENVIRONMENTAL RULES, 1986.
4. THE FOREST (CONSERVATION) ACT, 1980.
5. SCHEDULED TRIBES AND TRADITIONAL FOREST DWELLERS ACT, 2006.
6. MINES AND MINERALS ACT,
7. LAND ACQUISITION ACT, 1894
8. INDIAN FOREST ACT, 1927
9. NATIONAL GREEN TRIBUNAL ACT, 2010
10.PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS ACT OF 2001
11.PUBLIC LIABILITY INSURANCE ACT, 1991
12.WATER (PREVENTION AND CONTROL OF POLLUTION), 1974
13.WILD LIFE (PROTECTION) AMENDMENT ACT, 2002
14.WILDLIFE PROTECTION ACT OF 1972
15. THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013
CASES REFERRED
1. A.K. Gopalan v. State of Madras,(1950) SCR 88 (259, 302)……………… … ….. … ….21
2. A.P. State Fishermen Association v. District Collector, 2010 (2) ALD 300……………25
3. Ahmedabad Municipal Corporation v. Nawab Khan Gulab Khan, (1997) 11 SCC
121……………………………………………………………………………………….18
4. Andhra Pradesh Pollution Control Board –II v. Prof. MV Nayudu, (2001) 2 SCC 62…18
5. Ashok Kumar Tripathi v. Union of India and others, W.P. No. 2262/99………………..25
6. Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation, (1948) 1 KB
223……………………………………………………………………………………….19
7. Avinder Singh v. State of Punjab, 1979 AIR 321………………………………………...20
8. Banawasi Seva Ashram v. State of U.P,AIR 1987 SC 374……………………………...20
9. Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802…………………………..35

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Index of Authorities

10. Binny Ltd. v. Sadasivan, AIR 2005 SC 320 ¶ 11…………………………………… … .. 17

11. Charan Lal Sahu v. Union of India, AIR 1990 SC 1480, ¶ 35…………………………..17
12. Consumer Education & Research Centre v. Union of India, AIR 1995 SC 922………..36
13. Cooverjee B. Bharucha v. Excise Commissioner, AIR 1954 SC 220……………………23
14. Dalmia Cement Bharat Ltd. v. UOI, (1996) 10 SCC 104………………………………..25
15. Dyson v. A.G. (1911) 1 KB 410 (423-24) (CA)……………………………………... ......30
16. Francovich and Boniface v. Italy (1991) ECR I-5357…………………………………...30
17. Goa Foundation and Others v. State of Goa and Others, 2001 (3) Bom CR 813 … ...….35
18. Harbansal Sahnia V. Indian Oil Corporation Ltd. AIR 2003 SC 2120…………………18
19. Indian Councilfor Enviro Legal Action c. Union of India, (1996) 5 SCC 281………….17
20. Indian Councilfor Enviro Legal Actionv. Union of India, (1996) 5 SCC 281……….….20
21. Indian Council For Enviro Legal Action v. Union of India, (2011) 8 SCC 161 ¶ 20. .…28
22. Ishwar Prasad v. N.R. Sen, 1952 Cal. 273………………………………………… . … ...22
23. Jagdevsingh sidhanti V. Pratap Singh Daulta, AIR 1965 SC 183 para 188………… … . 18
24. K.K. Kouchunni V. State of Madras, AIR 1959 SC 725……………………………… … 18
25. Kalyaneswari v. Union of India, (2011) 3 SCC 287………………………………… … ..36
26. Karjan Jalasay Yojana Assargrasth SahkarAne Sangarsh Samiti v. State of Gujarat,
(1986) Supp 1 SCC 350………………………………………………………………… .20

27. KarjanJalasayYojanaAssargrasthSahkarSamiti v. State of Gujarat, (1986)Supp1 SCC

350……………………………………………………………………………………… ..30
28. Kinkri Devi v. State Of Himachal Pradesh, AIR 1988 HP 4…………………………... 36
29. Kirloskar Bros. v. ESI Corpn.,AIR 1996 SC 3261……………………………………... 36
30. Loknath v. State of Orissa, 1952 Orissa 42………………………………………………23
31. M.C. Mehta v. Union of India (1997) 2 SCC 411…………………………………... .......28
32. M.C. Mehta v. Union of India, (1998) 9 SCC 589……………………………………….28
33. M.C. Mehta v. Union of India, (2004) 12 SCC 118……………………………………...20
34. M.C.Mehta vs. Union of India, A.I.R. 2004 S.C. 4016…………………………….......... 36
35. Maganbhai v. Union of India,AIR 1969 SC 783…………………………………... ....... 17
36. D.A.V College v. State of Punjab, AIR 1971 SC 1731………………………………….17
37. Maneka Gandhi v. Union of India, (1978) 1 SCC 248…………………………………..18
38. Maneka Gandhi V. Union of India, AIR 1978 SC 597……………………………... ...... 23

Memorandumfor the Petitioner

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Index of Authorities

39. Munn v. Illinois, (1876) 94 US 113…………………………………………………… .. 23

40. Narmada Bachao Andolan v. Union of India, (2000) 10 SCC 664……………………...28
41. Narmada BachaoAndolan v. Union of India, (2000) 10 SCC 664………………………20
42. Olga Tellis v. Bombay Municipal Corp, AIR 1986 SC 180………………………… … . 18
43. Orissa Mining Corporation Ltd. v Ministry of Environment and Forests, 2013
STPL(Web) 323 SC……………………………………………………………………...25
44. Kalpavriksh v Union of India Application, No. 116 (THC) of 2013…………………….32
45. P.G. Gupta v. State of Gujrat, 1995 (Supp-2) SCC 182…………………………………22
46. People's Union for Democratic Rights, Kerala v. Union of India, AIR 1982 SC 1473 at p
1487………………………………………………………………………………………25
47. PG Gupta v. State of Gujarat, (1995) 2 SCC 182……………………………………….18
48. Roop Chand v. State of Punjab, AIR 1963 SC 1503…………………………………….17
49. Rural Litigation and Entitlement Kendra v. State of U.P, 1989 Supp (1) SCC
504……………………………………………………………………………………….25
50. Samatha v. State of Andhra Pradesh, AIR 1997 SC 3297………………………………25
51. Selam Mavatta Ezhupulli Malaivazh Makkal Nalachangam v. State of T.N.; WAP No.
376 of 2008 ……………………………………………………………………... ........... 21
52. Shantistar Builders v. Narayan Khimala Totame, (1990) 1 SCC 520 … ………….…….18
53. Sodansingh v New Delhi Municipal Committee, AIR 1989 SC 1988……… … …………18
54. State of Bombay V. United motors Ltd. AIR 1953 SC 252……………………………....18
55. State Of Kerala v. Peoples’ Union for Civil Liberties, Kerala State,Civil Appeal Nos.
104- 105 Of 2001…………………………………………………………………………24
56. Subash Kumar v. State of Bihar, AIR1991SC 420………………………………………25
57. Subhash Kumar v. State of Bihar, AIR 1991 SC 420, 424………………………………28
58. Sukhdev and Orsv. Bhagatram and Ors, AIR 1975 SC 1331…………...………………17
59. T. Damodhar Rao v. S.O. Municipal Corpn, Hyderabad, AIR 1987 AP
171………………………………………………………………………………………..20
60. T.N.Godavarman Thirumulkpad v. Union of India, 1997 (7) SCC 440…………………27
61. Vishaka v. State of Rajasthan, (1997) 6 SCC 241 at 249………………………………..25
62. Waman Rao v. Union of India [1981] 2 SCR1……………………………………...…...25

Memorandumfor the Petitioner

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Index of Authorities

BOOKS REFERRED:

1. A. Sabitha, Public Health: Enforcement and Law (1st ed. 2008).

2. A. Usha, Environmental Law (1st ed. 2007).

3. A. Usha, Environmental Pollution: International Perspectives (1st ed. 2008).

4. ArunaVenkat, Environmental Law and Policy (1st ed. 2011).

5. Arvind P. Datar, Commentary on the Constitution of India (2d ed. 2007).

6. Colette Daiute, Human Development & Political Violence (1st ed. 2010).

7. Darren J O‟Byrne, Human Rights: An Introduction(1st ed. 2003).

8. David Hughes, Environmental Law (1st ed. 1986).

9. Dr. A. Krishna Kumari, Environment and Sustainable Development (1st ed. 2007).

10. Dr. A Krishna Kumari, Environmental Jurisprudence (1st ed. 2007).

11. Dr. L.M. Singvi, Jagadish Swarup Constitution of India (3d ed. 2013).

12. Dr. L.M. Singhvi, Fundamental Rights and Consttitutional amendments (1st ed. 1971).

13. Durga Das Basu, Commentary on the Constitution of India (8th ed. 2007).

14. Durga Das Basu, Human Rights in Constitutional Law (3rd ed. 2008).

15. Elizebeth Fisher, Environmental law: Text, Cases and Materials (1st ed. 2013).

16. H.W. E. Wade, Adminitrative Law (10th ed. 2009).

17. H.M. Seervai, Constitutional law of India (4th ed. 2008).

18. Janusz Symonides, Human Rights: New Dimentions and Challenges (1st ed. 1998).

19. Jayant Chaudary, Handbook of Human Rights (1st ed. 2012).

20. Justice T. S. Doabia, Environment & Pollution Laws (2nd ed. 2010).

Memorandumfor the Petitioner

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Index of Authorities

21. M.P. Singh, V.N. Shukla’s Constitution ofIndia (11th ed. 2008).

22. M. Hidyatullah, Constitutional Law of India (1st ed. 1984).

23. M.V. Pylee, Constitutions of the World (4th ed. 2012).

24. Olivier de Schutter, International Human Rights Law (1st ed. 2010).

25. P. Leelakrishnan, Environmental Law in India (3d ed. 2008).

26. Paras Diwan, Environmental Administration Law and Judicial Attitude (1st ed. 1992).

27. R. Satya Narayana, Natural Justice: Expoanding Horizons (1st ed. 2008).

28. R. Duxbury, Blackstone’s Statutes on Environmental Law ( 1994).

29. S. Shanthakumar, Introduction to Environmental Law ( 2008).

30. S.C. Shastri, Environmental Law (3d ed. 2008).

31. S.P. Sathe, Administrative Law (7th ed. 2004).

32. Shyam Divan, Environmental Law and Policy in India (2nd ed. 2002).

33. Stuard Bell, Environmental Law (7th ed. 2008).

34. Sumeet Malik, Environmental Law (1st ed. 2008).

35. Thomas Risse, The Power of Human Rights: A Global Agenda ( 1999).

36. V.B. Malleswari, Human Rights: A Global Agenda (1st ed. 2007).

37. V.B. Malleswari, Human Rights: International Perspectives (1st ed. 2007).

38. V.R. Krishna Iyer, The Dialectics & Dynamics of Human Rights in India (1st ed. 1999).

39. William A. Edmundson, An Introduction to Rights (2d ed. 2012).

40. Zygmunt J.B. Plater, Environmental Law and Policy: Nature, Law and Society (1st ed. 1992).

Memorandumfor the Petitioner

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Index of Authorities

TREATIES & CONVENTIONS

1. Universal Declaration of Human Rights (UN), 1948
2. American Declaration of Rights and Duties of Man (OAS), 1948
3. Declaration on the Right to Development (UN), 1986
4. Declaration on Human Duties and Responsibilities (UNESCO), 1998
5. Universal Declaration on Cultural Diversity (UNESCO), 2001
6. Declaration on the Rights of Indigenous Peoples (UN), 2007
7. Convention on Nuclear Safety, 1994
8. Convention on Assistance in the case of a near Accident or Radiological Emergency, 1986
9. Convention for the protection of the World Cultural and National Heritage, 1972

WEBSITES REFERRED
1. Manupatra Online Resources, http://www.manupatra.com.
2. Lexis Nexis Academica, http://www.lexisnexis.com/academica.

3. Lexis Nexis Legal, http://www.lexisnexis.com/in/legal.

4. SCC Online,http://www.scconline.co.in.
5. Oxford Dictionary, http://www.oxforddictionaries.com.

Memorandumfor the Petitioner

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Statement of Jurisdiction

STATEMENT OF JURISDICTION

THE PETITIONER HUMBLY SUBMITS TO THE JURISDICTION OF THIS

HONOURABLE COURT UNDER ART 32 OF THE CONSTITUTION. THE PETITIONER
HAS APPROACHED THIS HONOURABLE COURT IN APPREHENSION OF THE
VIOLATION OF RIGHTS THAT INEVITABLY OCCUR SHOULD THE
IMPLEMENTATION OF THE POLICY OF THE GOVERNMENT NOT BE STOPPED.
THEREFORE, THE PETITIONER MAINTAINS THAT THE JURISDICTION OF ART 32 OF
THE CONSTITUTION, WHICH PROTECTS THE CITIZENS OF WONDERLAND
FROM ANY VIOLATION OF THEIR FUNDAMENTAL RIGHTS, IS APPLICABLE IN
THE PRESENT CASE.

Memorandumfor the Petitioner

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Statement of Facts

STATEMENT OF FACTS

1. The Territory of WONDERLAND is largely an industrial economy with about 40% of the
population involved in agricultural Activities. WONDERLAND is rich in atomic resources,
especially Uranium that are abundantly found in the mineralized zone of „OREO‟, declared
as a „Scheduled Area‟ under Panchayat (Extension of Scheduled Areas) Act, 1996‟, which has
a total cover area of 25 sq. km. in the „Reserve Forest‟ of FAIRYLAND, an area of 25 sq. km,
which was rich in atomic resources and is home to the Indigenous tribal people 400 to 450 in
number, in the STATE OF GREENLAND who derived their means of livelihood from the by
carrying out activities such as apiculture, gathering of herbs, flowers and fruits and
collection of gum dust and other produce. The commercial exploitation of Fairyland was not
permitted as they were considered as a sacred place by the indigenous tribes.
WONDERLAND took pride in the rare natural biodiversity in the forests of Fairyland.

2. WONDERLAND incurred an electricity-crisis as on 12th January 2019 that led to a situation

of reduced supply of electricity for major areas of the Industry. The result of this was that
several industries had to be closed down, temporarily, and several workers were either laid off,
and/or retrenched in accordance with law. On 26th May 2019, The industries approached the
SUPREME COURT OF WONDERLAND to quash the order of lay-offs and also to direct the
GOVERNMENT OF WONDERLAND to provide for a remedy to the power crisis, that has
affected their Right to Livelihood, guaranteed under the Constitution of WONDERLAND. The
Court passed an order that directed the GoI to initiate action so as to resolve the electricity
crisis.

3. The GoW, on 20th August 2019, in light of the Report submitted by the Department of
Atomic Energy on 11th July 2019 leased an area of 45 sq. km, inclusive of the
Scheduled Area- FAIRYLAND, for a period of fifty years, to URANIUM CORPORATION
OF WONDERLAND LIMITED a fully owned entity of the Department of Atomic Energy,
WONDERLAND. In the months of August-September 2019, there was a protest that was
undertaken by the Indigenous communities alleging that the said mining activity would hinder
their livelihood and peaceful existence in the forests of FAIRYLAND. FAIRYLAND
SURAKSHA SAMITI a Non-Governmental Organisation, protested that Uranium mill tailings
retain about 85% of the original radioactivity of the ore, and it is very difficult to minimise
releases of radioactive decay products such as Radium and Radon as well as heavy metals, given
the developing economy of WONDERLAND.
Memorandum for the Petitioner
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Statement of Facts

4. On 16th December 2019, UCWL gave a Tender Notification, to sub-lease the process of
extraction of minerals from the ores of FAIRYLAND, whereby Rustum Uranium Corporation
Private Ltd, the highest bidder, was granted the lease on January 30th 2020. As per the
agreement between the UCWL and RUC, the Extracted Minerals are to be owned by the
UCWL, and the land is leased to RUC for a period of 30 Years, commencing from the date
of grant of „Environmental Clearance‟, by the „Ministry of Environment and Forests, for
the process of extraction.

5. The RUC applied for an Environmental Clearance after due compliance with the necessary Rules
and Regulations in this regard, on 13th July 2020. The Gram Panchayats, living in and around
the vicinity of FAIRYLAND, were consulted in a Public Hearing on 17th August 2020, in
respect of the Environmental Clearance. The Public Hearing of the tribal community,
scheduled to be held on 19th August 2020, was cancelled on the ground that the said lease-
area was within the Reserved Forest and the property rights of the same, vested with the
Government.

6. On 1st June 2021, A Conditional Environmental Clearance was granted for a period of 30 years.
On 5th July 2021, RUC managed to get a Forest Clearance for carrying out the mining activities
in FAIRYLAND.

7. The tribal communities were not in favour of the Project, they agitated on grounds that they were
to be displaced of the lands that were their homes and were also sacred to them. FSS, espoused
the cause of the tribal communities, alleging that the rights of the tribal communities would be
affected by mining activity and alleged that the Environmental Clearance was not in consonance
with the objects of the Environment (Protection) Act, 1986 and the Forest Conservation
Act,1980, and thereon filed a Writ Petition under Article 32 of the Constitution of
WONDERLAND, on 14th July 2021.

Memorandum for the Petitioner

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Questions presented

QUESTIONS PRESENTED

1. WHETHER THE WRIT PETITON FILED UNDER ART. 32 OF THE CONSTITUION

OF WONDERLAND MAINTAINABLE
1.1.The petition has been filed in public interest and therefore maintainable as public interest
litigation
1.2.Alternative remedies not a bar
1.3.The jurisdiction of the SC under Art. 32 of the Constitution extends to violation of the
rights alleged in the present matter
2. WHETHER THE RIGHTS OF THE TRIBAL COMMUNITIES ARE INFRINGED BY
THE MINING PROJECTS
2.1.Violation of Constitutional protection and safeguards
2.2.The forced assimilation of indigenous people violates constitutional provisions of
India and international conventions & treaties
3. WHETHER THE ENVIRONMENTAL CLEARANCE IS VALID
3.1.Environmental clearance invalid based on procedural violations
3.2. Violation of Mines and Minerals (Development and Regulation) Act, 1957
3.3.Environment Clearance when validated

Memorandum for the Petitioner

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Summary of Pleadings

SUMMARY OF PLEADINGS

1. WHETHER THE WRIT PETITON FILED UNDER ART. 32 OF THE CONSTITUION

OF WONDERLAND IS MAINTAINABLE
The petitioner most humbly submits that the petition filed under Art. 32 of the Constitution is
maintainable as a Public Interest Litigation, which has been filed with the apprehension of
violation of Fundamental Rights enshrined under Part III of the Constitution. The procedurals
flaws which depict the improper implementation of the policy decision of the Government by the
company which falls under the ambit of other authorities under Art. 12 of the Constitution. Thus,
the petition is maintainable.

2. WHETHER THE RIGHTS OF THE TRIBAL COMMUNITIES ARE INFRINGED BY

THE MINING PROJECTS
It is humbly submitted before the Hon‟ble Court that, Article 19 and Article 21 of the
Constitution have been violated on account of arbitrary action of state, thus, resulting in violation
Article 14 as well. Right to Reside, Right o Livelihood and Right to Shelter have been violated
on the account of deforestation. It is further submitted that Right to Culture has also been
violated since; the indigenous people will be subjected to forced assimilation and isolation.

3. WHETHER THE ENVIRONMENTAL CLEARANCE IS VALID

It is humbly submitted that the RESPONDENT herein has not granted the environmental
clearance in accordance with the Environment Impact Assessment Notification, thereby violating
various provisions of the Forest Conservation Act, 1980, Environment Protection Act, 1986 and
Environment Protection Rules, 1986. It is submitted that the environmental clearance when
validated causes damage to the environment, resulting in a disturbance to the livelihood of the
tribal community, causing health hazards to the tribes which in turn infringes various
fundamental rights of the tribal community along with other provisions of the Constitution.

Memorandum for the Petitioner

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Pleadings

PLEADINGS

1. WHETHER THE WRIT PETITION FILED UNDER ART. 32 OF THE

CONSTITUTION OFWONDERLAND IS MAINTAINABLE.
The present petition is maintainable under Article 32 of the Constitution 1, since it falls within the
ambit of “other authorities” as enshrined under Art.12 of the Constitution. There will be violation
of Fundamental Rights if the project is taken on floors.
Public Function is one which “seeks to achieve some collective benefit for the public or a section
of the public”2 . Any institutions engaged in performing public functions are, by virtue of the
functions performed, can be termed as government agencies3 . Further under the well-established
doctrine of Parens Patriae, it is the obligation of the State to protect and take into custody the
rights and the privileges of its citizens for discharging its obligations4 .
Thus, in this present case, mining activity taken up by Rustam Uraniam Corporatation Private
Limited (hereinafter RUC) is both public function and governmental function. If RUC is a
private party, a PIL can be instituted against a private party under Art.32 of the Constitution,5 if
the State is made a co-party in the petition.
1.1.The petition has been filed in public interest and therefore maintainable as Public Interest
Litigation
To invoke the writ jurisdiction of the SC is not necessary that the fundamental right must have
been actually infringed- a threat to the same would be sufficient.6Applying the doctrine of
„reasonable apprehension‟, this Hon‟ble Court may interfere directly in the said case. The most
fundamental right of an individual is his right to life; if an administrative decision may put his
life at risk, the basis for the decision surely calls for the most anxious scrutiny according to the
principle of „anxious scrutiny‟7 . Thus the petitioned filed before this apex court is maintainable.

1
Constitution of India, Parimateriato Constitution of India (Herein after referred as Constitution)
2
BinnyLtd.And Anr. v. Sadasivan and Ors. AIR 2005 SC 320 ¶ 11.
3
Sukhdev and Orsv.Bhagatram and OrsAIR 1975 SC 1331
4
CharanLalSahuv.Union of India, AIR 1990 SC 1480, ¶ 35.
5
Indian Council For Enviro Legal Action v. Union of India, (2011) 8 SCC 161 ¶ 20.
6
Roop Chand v. State of Punjab, AIR 1963 SC 1503;Maganbhai V. Union of India AIR 1969 SC 783; D.A.V
College v. State of Punjab AIR 1971 SC 1731
7
Bugdaycay [1987] AC 514, where Lord Bridge said at 531E-G

Memorandum for the Petitioner

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Pleadings

1.2.Alternative Remedy Not A Bar

Where there is well-founded allegation that fundamental right has been infringed alternative
remedy is no bar for entertaining writ petition and granting relief.8 The mere existence of an
adequate alternative legal remedy cannot be per se be a good and sufficient ground for throwing
out a petition under Art. 32 if the existence of a fundamental right and a breach, actual or
threatened, of such right and is alleged is primafacie established on the petition9 .
In spite of availability of the alternative remedy, the court may exercise its writ jurisdiction in at
least petitions where the petitioner seeks enforcement of any of the fundamental rights 10 . Thus,
the petitioner humbly submits that writ petition is maintainable as existence of alternative
remedy is not a bar.
1.3.The jurisdiction of the SC under Art. 32 of the Constitution extends to violation of the
rights alleged in the present matter
1.3.1.Violation of the right of the tribal people
The fundamental right to equality11 enshrined under Art. 14 of the Constitution have been
violated because of the steps taken for the implementation of the project.
The fundamental right to reside in any part of the country12 and to practice any profession or to
carry on any occupation, trade or business13 enshrined under Art. 19 will be violated because of
the implementation of the project. The fundamental right to shelter14 and livelihood15 enshrined
under Art. 21 of the Constitution will be violated on the account of arbitrary action of the State.
The fundamental right to protect the interest of the minorities16 enshrined under Art. 29(1) will
be violated again by the action of the state.
1.3.2.Violation of rights of people living around theforests of Fairyland
Also, there will be violation of right to Healthy Environment17 as guaranteed under Article 21 of
the Constitution since the state and RUC are responsible for pollution among other things.Thus,

8
State of Bombay V. United motors Ltd. AIR 1953 SC 252
9
K.K. Kouchunni V. State of Madras AIR 1959 SC 725
10
HarbansalSahnia V. Indian Oil Corporation Ltd. AIR 2003 SC 2120
11
Maneka Gandhi V. Union of India AIR 1978 SC 597
12
DhanBahadurGotri V. State of assam AIR 1953 Ass 61
13
Sodansingh V. New Delhi municipal committee AIR 1989 SC 1988
14
Shantistar Builders v. Narayan KhimalaTotame, (1990) 1 SCC 520, PG Gupta v. State of Gujarat, (1995) 2 SCC
182; Ahmedabad Municipal Corporation v. Nawab Khan Gulab Khan, (1997) 11 SCC 121.
15
Olga Tellis v. Bombay Municipal Corp, AIR 1986 SC 180.
16
Jagdevsinghsidhanti v. Pratap Singh Daulta, AIR 1965 SC 183 para 188
17
Andhra Pradesh Pollution Control Board –II v. Prof. MV Nayudu, (2001) 2 SCC 62.

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it is humbly submitted that the present PIL is maintainable against Union of Wonderland and Rustam
Uranium Corporation Pvt. Ltd.

2. WHETHER THE RIGHTS OF THE TRIBAL COMMUNITIES ARE INFRINGED BY

THE MINING PROJECT?
The petitioner humbly submits that the mining project and the policy decisions of the
government regarding the matter are violative of the fundamental rights, constitutional protection
and constitutional safeguards enshrined in the Constitution.
2.1.Violation of Constitutional protection and safeguards
2.1.1.Violation ofArticle 19
The rights of the indigenous tribal communities to settle, reside and to own property34 anywhere
in the country, and in particular the forests of FAIRYLAND, as guaranteed under Article
19(1)(e)
of the Constitution has been violated, since; there will be encroachment in the forest on account
of deforestation.35 The Scheduled Tribes (vide Art.342) are a backward class of people who are
liable to be imposed upon by shrewd and designing persons. Hence there are various provisions
disabling them from alienating even their own properties except under certain special conditions.
In their own interest and benefit, laws may be made restraining the ordinary rights of citizens to
go or to settle in particular areas or to acquire property in them.36Thus it is a rude shock to find
the Government and the Hon'ble Court to be complicit in an act that not only infringes upon the
fundamental rights of the innocent civilians but also restrains the movement of the latter in
forests which deprives of them of their rights to peacefully coexist with the nature, of which they
are an integral part.

“We appreciate the anxiety of the state Government to take possession of the acquired land. We are also aware that
the land has been acquired for an important public purpose. But, at t the same time, we cannot overlook the human
problem arising out of large number of tribal and other persons belonging to weaker section on account of
acquisition of land.”
31
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006,The
Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996
32
ILO Convention on Indigenous and Tribal Peoples, 1989
33
SelamMavattaEzhupulliMalaivazhMakkalNalachangam v. State of T.N.; WAP No. 376 of 2008
34
Art. 17, UDHR as well as in art.6, ICESCR.
35
4 Moot
36
A.K. Gopalan v. State ofMadras, (1950) SCR 88 (259, 302)

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The act of the Government, of curtailing the movement of the forest dwellers thus violates their
fundamental right to livelihood (vide Art. 21), in the present case. The right to residence and
settlement is a fundamental right under Art. 19(1) (e) and is a facet meaningful right to life under
Art. 21. When the State, as in this instance, has undertaken as its economic policy planned
development of this country, allotment of houses to weaker sections of the society, the same has
to be recognised as its part. The very nature of the act of the Government and its policies are
such that the permanent settlement right of the indigenous tribal communities, though subjective,
will be violated because of the gross negligence on part of the former to comply with its own
policies and the legislations of the Parliament. The Preamble, Art. 19(1) (e) read along with Arts.
38, 39 and 46 make the life meaningful and liveable in equal status with the dignity of the
person. It is, therefore, imperative on the part of the state to provide permanent housing
accommodation to the indigenous tribal population or to sustain the privileges provided in any
undertaken projects within economic means.37 It should also take in mind that the rights of
indigenous tribal communities in regard to movement is intertwined with their right to profession
as well the right to livelihood, as foraging the forest is their only source meet their needs.
In Ajab Singh v. State ofPunjab38 Bhandari, J., expressed the view that the right to practise any
profession or to carry on any occupation, trade or business becomes meaningless if it did not
include the right to stay in place suitable for such profession. The right guaranteed by Art. 19(1)
(d) and (e) are subject to the restraints imposed by clause (5) of the Article, which states that
reasonable restrictions in the exercise of any rights conferred by the said sub-clauses in the
interest of the general public.39 Such restraints when placed on the innocent indigenous people
would be the toughest litmus test on them for survival. It should be taken into mind that use of
the term “in the interest of the general public”, a wide enough term to cover serious and
aggravated forms of general disorders, does not mean the interest of the whole public of India40
but rather the interest of a particular class of people. Thus the continent usage and declaration
that the absurd policies of government are in the interest of the general public does not sell well.
The right to work, which includes the right of everyone to the opportunity to gain his living by
37
P.G. Gupta v. State of Gujarat, 1995 (Supp-2) SCC 182
38
Ajaib Sigh v. State ofPunjab, 1952 Punj. 309 (F.B.)
39
Nothing in [sub-clauses (d) & (e)] of the said clause shall affect the opinion of operation of any existing law in so
far as it imposes, or to prevent the State from making any law imposing, in the exercise of any of the rights
conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of
any Scheduled Tribes.
40
Ishwar Prasad v. N.R. Sen, 1952 Cal. 273

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work which he freely chooses or accepts, as accepted internationally, is to be granted so as to

achieve the full realization of the right.41The guarantee under Art.19(1) (g) extents to practise any
profession, or to carry on any occupation, trade or business. Thus it should be noted that the
profession of the indigenous people, and their livelihood which depends on such activities, which
is inclined towards the forest for every necessity, would be put to absurdity and irrelevance under
this policy of the government. This Article represents basic values of a civilized society and
elevated the said values to the state of Fundamental Rights.42 The expressions “reasonable” and
“interests of the general public” are both elastic terms and a discussion of the full import of these
expressions necessarily involves a discussion of the political, social and economic problems of
the present day.43 In order to determine the reasonable of restrictions imposed regard must be had
to the nature of the business and the conditions prevailing in the business44 ; it puts the matter to a
stalemate as the restrictions imposed on the Tribes are so unattributable to the public interest and
also the restrictions imposed strikes at the heart of their belief system as well as their profession.
2.1.2.Violation ofArticle 21
The Article 21 of the Constitution envisages the right to livelihood as a fundamental right.45 The
Supreme Court has referred to the classic judgement of Field J.46 on the of the word; wherein he
stated that by the term 'life' as used means something more than mere animal existence. The
inhibition against its deprivation extends to all those limits and faculties by which life is enjoyed.
Also ICCPR47, UDHR48 and ICESCR49 recognizes right to life and adequate standard of living.
Further in order to establish violation of Article 21, the act should be subjected to the equality
test of Article 14 and test of reasonableness under Article 19.50 Article 14 strikes at arbitrariness
because it negates equality51 and permeates the entire fabric of Rule of Law.52 Therefore, every
action of the State must be guided by reason for public good and not by whim, caprice, and abuse

41
Art. 6, International Covenant on Economic, Social and Cultural Rights, 1966.
42
Menaka Gandhi v. Union ofIndia, (1978) 1 SCC 248
43
Loknath v. State, 1952 Orissa 42
44
Cooverjee B. Bharucha v. Exercise Commissioner, 1954 S.C. 220
45
Art. 21:- Protection of life and personal liberty- No person shall be deprived of his life or personal liberty except
according to the procedure established by law.
46
Munn v. Illinois, (1876) 94 US 113
47
Article 6, ICCPR.
48
Article 3, UDHR.
49
Article 11, ICESCR.
50
Maneka Gandhi v. Union ofIndia.AIR 1978 SC 597.
51
Suresh Chandra Sharma v. Chairman, AIR 2005 SC 2021.
52
Bachan Singh v. State ofPunjab, AIR 1982 SC 1325.

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of power.53
Our Constitution makers were fully aware to the need for providing specific safeguards to
Scheduled Tribes in Wonderland. They knew it well that humanness of society is determined
by the degree of protection it provides to its weaker, handicapped and less gifted members.
Whereas in a jungle everybody fends for himself and devil takes the hindmost, in a
civilized society reasonable constraints are placed on the ambitions and acquisitiveness of its
more aggressive members and special safeguards provided to its weaker and more
vulnerable sections. These considerations are basic to any scheme of social justice and their
neglect will brutalize any human society.54 Unless adventitious aids are given to the under
privileged people like the Scheduled Tribes, it would be impossible to suggest that they have
equal opportunities with the more advanced people. This is the reason and the justification for
the demand of social justice that the under-privileged citizens of the country should be given a
preferential treatment in order to give them an opportunity with the more advanced sections of
the community.55
2.1.3.Livelihood ofIndigenous People.
The term “indigenous people” is not recognized in India as given in the Convention on
Indigenous people and they have in no way been guaranteed with any special status, per se,
unless recognized under the constitution as Scheduled Caste or Scheduled Tribe. Therefore, all
tribal are considered to be indigenous, but all indigenous people are not considered as tribal.56 To
be safeguarded under Art. 244(1) of the Constitution as Scheduled Caste and Scheduled Tribe,
the President has to recognize the indigenous people as Scheduled Tribe. It is to be taken that
they are scheduled tribes by the virtue of them being in the Scheduled area. Thus, their rights
have also been construed to be safeguarded under Art. 244(1) and the provisions of the Fifth
Schedule of the Constitution. Therefore, in the present case, the indigenous tribal communities
are to be considered on the same footing as Scheduled Tribes.
The source of livelihood for forest dwellers57 for generations has been forests and forest lands58
and so they are considered inseparable. However, with the advent of civilization they were

53
Haryana Development Authority v. Dropadi Devi, (2005) 9 SCC 514; Dolly Chandra v. Chairman Jee, (2005) 9
SCC 779.
54
Quoted in Report of the Backward Classes Commission (First Part, Volumes I to II), 1980, p.21.
55
Justice K. Subba Rao, Social Justice and Law, (1976), p.65.
56
State ofKerala V. People Unionfor Civil liberties, (2009) 8 SCC 46
57
Section 2 (o), The Scheduled Tribes and other Traditional Forest Dweller Act, 2006.
58
Section 2(c), The Scheduled Tribes and other Traditional Forest Dweller Act, 2006.

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puts the livelihood of the tribal people in jeopardy. The promotion of economic interests of the
Scheduled Tribes is also a notable feature of our Constitution.71 Thus the act of the government
in depriving the Scheduled Tribes of their rights goes against the fabric of the Constitution. Even
though no proper resolution was passed by the Gram Sabha72, the Government of India and
DoEF has gone against established conventions and modalities in their pursuit of voidness. The
actual operation of the tribal safeguards is of vital importance than merely peeping through the
constitutional provisions. In this context, it has become necessary to lay down personnel policy
geared towards the objectives of the development of the tribal people of the society.Therefore, in
the fitness of things, the institutional, structural and functional contours of various programmes
have to be in conformity not only with the accelerating pace of development but also with the
constitutional rights and safeguards.
2.2. Forced Assimilation of indigenous people violates Constitutional provisions of
Wonderland and international conventions & treaties.
2.2.1.Forced Assimilation Is a Violation ofArt 29(1), 48A and 51A
The Constitution of Wonderland clearly states that it is the duty of the State to protect and
improve the environment and to safeguard the forests and wildlife of the country under Art
48A – Directive principles of State Policy and under Art 51A (g) -Fundamental Duties.
The Courts are increasingly relying on the directive principles as complementary to
fundamental rights73 . The combined reading of Art. 48A and 51A (g) visualizes the
collaboration and conjoint effort of the citizen and the state to attain the aspirations and
objectives embedded therein.74
The phrase used in Art.48A, „protect and improve‟ implies that government action is to improve
quality of environment and not just to preserve the degrading environment. In case of failure to
comply with the duties ingrained in Art 48A and 51A (g), it can be enforced in courts by
expanding the interpretation of Art.21. In order to attain the constitutional goal of protection and
improvement of the environment and protecting people inhabiting the vulnerable areas from the
hazardous consequences of the arbitrary exercise of power without due regard to their life,
liberty and property, the Court will be left with no alternative but to intervene effectively by

71
See the Constitution of India, Articles 16(4), 23, 24 and 38 to 47.
72
¶ 7, Moot proposition.
73
2003 Cri LJ (NOC) 277: 2003 (1) Mad LW 262 (273).
74
(1985) 2 APLJ (HC) 225 (230) .

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issuing appropriate writs, orders and directions.75

Art 29(1) is a right conferred upon those sections of the community which constitute a
minority.76 It can be inferred from Art 29(1) that if a cultural minority has the right to preserve its
language, script and culture and the state shall not impose upon it any other culture which may
be local or otherwise.77 It also includes the right “to agitate for protection of the language,
including political agitation.”78 The right conferred by Art 29(1) is absolute in nature and cannot
be subjected to reasonable restrictions unlike that of Art.19 (1).79 In this particular case the
indigenous people will be made to under the pains of forced assimilation; as they will be exposed
to the outer world by this project. The PETITIONER, thus, submits that there has been a gross
violation of the fundamental right conferred under Art. 29(1), 48 A and 51 A of the Constitution
of Wonderland.
2.2.2.The Government has violated the Scheduled Tribes and Traditional Dwellers Act
The Scheduled Tribes and Traditional Forest Dwellers Act were enacted to grant legal
recognition to the rights of traditional forest dwelling communities. The policy decision of GoI
has violated Sections 4(2) (d), 33, 4(2) (e) 34 and 4 (8) of the above mentioned act. The Act also
stipulates that it is the duty of a holder of a forest right to ensure the protection of the forest from
any destructive practices affecting its cultural and natural heritage.80 This too was not adhered to.
In T.N.Godavarman Thirumalpad v. Union of India81, it was held that only a local inhabitant,
forest or police officer shall be permitted to enter the reserved forests except in accordance with
the permission in writing issued by the Principle Chief Conservator of forests.In furtherance of
The Scheduled Tribes and Traditional Forest Dwellers Act, the GoI has not adhered to provisions
of United Nations Declaration on the rights of Indigenous People to which it is a signatory.
Article 882prohibits the forced assimilation of indigenous people arising from any state action.

75
AIR 1988 HP 4; (1988) 1 Sim LC 32 (DB) .
76
Kerala Education Bill, in re, AIR 1958 SC 956: 1959 SCR 995 .
77
Durga Das Basu, Shorter Constitution ofIndia(14th ed. 2009).
78
Jagdev Singh Sidhanthi v. Pratap Singh Daulta, AIR 1965 SC 183.
79
See Id.
80
Section 5(c)ensure that the habitat of forest dwelling Scheduled Tribes and other traditional forest dwellers is
preserved from any form of destructive practices affecting their cultural and natural heritage. (d) ensure that the
decisions taken in the Gram Sabha to regulate access to community forest resources and stop any activity which
adversely affects the wild animals, forest and the biodiversity are complied with.
81
1997 (7) SCC 440.
82
Article 8:Indigenous peoples and individuals have the right not to be subjected to forced assimilation or
destruction of their culture.2. States shall provide effective mechanisms for prevention of, and redress for: (a) Any
action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values

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The failure of obtaining consent of the indigenous people has led to the violation of another
provision83 ofthe above stated declaration.
2.2.3.Right to Environment has been violated.
Article 21 of the Constitution lays down that no person shall be deprived of his life or personal
liberty except according to the procedure established by law. Under Art. 21 of the Constitution,
people have the right of enjoyment of pollution free water and air for the full enjoyment of life.
If anything endangers or impairs that quality of life in derogation of laws including even the
Government with its policies, as in the present case, a citizen has a right to have recourse to Art.
32 of the Constitution for removing the pollution of water or air which may be detrimental to the
quality of life.84 It does not only refer to the necessity to comply with procedural requirements,
but also substantive right of citizens.
The Governmental policies in regard to the mining project have no clear indication as to the
safety measures taken. It is known well that the mining of uranium causes great danger to the
survival of both humans and other living creatures in the area. The failure of the government in
assessing the impact can be taken as a mark of its incompetence. In a plethora of cases85, the
Supreme Court has held the inalienability of the Right to Environment from the Right to Life is
envisaged by Art 21. It has even held that protection of the environment will have precedence
over the economic interests of the country. In Subhash Kumar v. State of Bihar86 the court held
that the right to life includes the right to enjoy unpolluted air and water. In this case there is a
constitutional imperative on the state not only to ensure and safeguard proper environment but
also an imperative duty to take adequate measures to promote, protect and improve the natural
environment.87

or ethnic identities;(b) Any action which has the aim or effect of dispossessing them of their lands, territories or
resources;(c) Any form of forced population transfer which has the aim or effect of violating or undermining any of
their rights;(d) Any form of forced assimilation or integration;
83
Article 10:Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall
take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on
just and fair compensation and, where possible, with the option of return.
84
Subhash Kumar v. State of Bihar, AIR1991SC 420 .
85
T. Damodhar Rao v. S.O. Municipal Corpn, Hyderabad, AIR 1987 AP 171:Indian Councilfor Enviro Legal Action
v. Union of India, (1996) 5 SCC 281:Vellore Citizens Welfare Forum‟s case supra: M.C. Mehta v. Union of India
(1997) 2 SCC 411:M.C. Mehta v. Union of India, (1998) 9 SCC 589:Narmada Bachao Andolan v. Union of India,
(2000) 10 SCC 664.
86
AIR 1991 SC 420, 424.
87
1995 (2) SCC 577.

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Another aspect of right to life-the right to livelihood can potentially check government actions
with an environment impact that threaten to dislocate poor people and disrupt their livelihood.
The Supreme Court accepted the right to livelihood in the case of Olga Tellis v. Bombay
Municipal Corporation88, though ruled in favour of the respondent; the Supreme Court accepted
the claims of the petitioner and ordered them to be relocated.Thereafter, in Banaswasi Seva
Ashram v. State of Uttar Pradesh89, the Hon'ble Supreme Court allowed the acquisition of land
only after the indigenous tribal communities were provided with certain facilities. But in the
present case, though certain conditions were laid down by the MoEF these conditions are not
enough to prevent the dissipation of the tribal people and the nature in the concerned area, as the
case at hand deals with Uranium mining. It is to be taken with a pinch of salt that the
government, through its policies, will endanger the lives of the innocent tribal people; the
subjugation of the tribal communities to the effects of atomic radiation can be compared to the
holocaust. Their right to peaceful co-existence with the nature will be endangered but what is
most starking is the policy of the government which would slowly kill the innocent tribal people.
In this time of hour it is imperative to also find the defects of the planning and implementation of
the policy decisions of the government in regard to the mining operations. In U.K. section 30A of
the Town and County Planning Act, 1971,90 provides that where mineral development is
permitted subject to restoration condition, imposed under sec. 29, and meaning that, after
completion of the operations, the site shall be restored by applying subsoil, and/ or topsoil, after-
care conditions are also imposed.91 The gloomy nature of our practices, when it comes to
environmental clearances, is that in most cases such imposition of after-care is not imposed as in
this case.92 This would not only mean that the mining operations would harm the tribal
communities in the present but also in the future as well. This would lead to continued violation
of human rights and dignity.
It is the duty of the Court to strike a balance between development and environment. The
Principles of sustainable development and administer justice should be applied. Principle 3 of the
Rio Declaration 1992 proclaims that the right to development should be fulfilled so as to

88
AIR 1986 SC 180.
89
AIR 1987 SC 378.
90
In the light of the Stevens Committee report, the sections 29 and 30A are to be construed together in case of
mining leases.
91
David Hughes, Environmental Law (1st ed. 1986).
92
See Id.

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equitably meet developmental and environmental needs. The Supreme Court has noted many a
times that development is not antithetical to environment.93 It is well-settled that it is the duty of
the government to prevent hazardous and inherently dangerous activities causing health hazards
and creating pollution. But it is sad to see that the very same government has come up with a
policy that would threaten the very survival of the indigenous people.
The Constitution has to be liberally construed so as to advance the content of the right
guaranteed in it. In Banawasi Seva Ashram v. State of U.P94, the Supreme Court held that the
rights of forest dwellers take precedence over even an important public purpose.95The intent of
the Legislature regarding rights of Tribal dwellers has been clearly established through various
legislations.96 The rights of Tribal dwellers have established through International Conventions97
as well as by the Supreme Court through various cases.98 The PETITIONER submits that tribal
lives are centred on the forests in which they dwell and to relocate them robs them of their
livelihoods.
In the celebrated case of Dyson v. A.G.,99 it was declared that even a bare declaration of intent on
behalf of the Administration can be challenged even when the action has not yet appropriated.
While the Francovich case100was a result of the failure implement a directive, in later cases, the
ECJ has held that there may be liability for incorrect transposition if the Member State has
manifestly disregarded the limits. Thus the PETITIONER submits that the defence of dispicable
and unsustainable policy of environment is against the whole of the nation in a long term basis.
Even if a treaty is not 'self-executing', courts should prefer interpretation of the statutes that
conform to international laws and treaties to which India is a party to those that do not.101

93
AIR 1985 SC 652.
94
AIR 1987 SC 374.
95
Karjan Jalasay Yojana Assargrasth Sahkar and Sangarsh Samiti v. State of Gujarat, (1986) Supp 1 SCC 350 “We
appreciate the anxiety of the state Government to take possession of the acquired land. We are also aware that the
land has been acquired for an important public purpose. But, at t the same time, we cannot overlook the human
problem arising out of large number of tribal and other persons belonging to weaker section on account of
acquisition of land.”
96
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006,The
Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 .
97
ILO Convention on Indigenous and Tribal Peoples, 1989.
98
Selam Mavatta Ezhupulli Malaivazh Makkal Nalachangam v. State of T.N.; WAP No. 376 of 2008.
99
Dyson v. A.G. (1911) 1 KB 410 (423-24) (CA).
100
Francovich and Boniface v. Italy (1991) ECR I-5357.
101
The main general international treaties that embody the rights in the Universal Declaration of Human Rights are
the International Covenant on civil and Political Rights and The International Covenant on Economic, Social, and
Cultural Rights. Both entered into force in 1976. There are also specific international treaties elaborating certain
rights with the UDHR such as the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment

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The privilege of the state to trade in obnoxious and substances injurious to health was
questioned.102 The Court held that the state has no right to trade in substances obnoxious or
substances injurious to health. It is the duty of the State to protect the human life and improve
public health. It cannot claim the privilege. 103 Thus it is submitted by the PETITIONER that the
policies of the government in regards to the development and extraction of uranium in the
reserved forests is against the right to decently clean environment bestowed in the Constitution.
The fundamental character of the right to life renders narrow approaches to it inadequate
nowadays; under the right to life, in its modern and proper sense, not only is protection against
arbitrary deprivation of life upheld, but states are under the duty ' to pursue policies which are
designated to ensure access to the means of survival'104 of the people.

3. WHETHER THE ENVIRONMENTAL CLEARANCE IS VALID

The petitioner humbly submits that the respondent herein has not granted the environmental
clearance in accordance with the Environment Impact Assessment Notification 2006105, which is
necessary before every mining operation commences 106, thereby violating various provisions of
the Forest Conservation Act, 1980, Environment Protection Act, 1986 and Environment
Protection Rules, 1986. This particular petition questions the validity of the environmental
clearance, which when validated causes damage to the environment, resulting in a disturbance to
the livelihood of the tribal communitywhich in turn infringes various fundamental rights of the
tribal community.

3.1. Environmental clearance invalid based on procedural violations

It is submitted that the respondent, which was under a duty to satisfy the requirements listed in
the EIA Notification 2006,has committed gross violations of the procedure before granting
Environmental Clearance for the mining project in and around the reserved forest areas of
Fairyland.The Hon‟ble Supreme Court in the case of Orissa Mining Corporation Ltd. v Ministry
of Environment and Forests 107directed the authority to follow various conditions for converting

punishment, which entered into force in 1987.

102(1989) 4JT (267).
103 See Id.
104Ramcharam (op. Cit., note 38), p.179, 181-3.
105 Ministry of Environment and Forests, Government of India, Gazette of
India,14.09.2006,
http://envfor.nic.in/legis/eia/so1533.pdf
106M.C.Mehta vs. Union of India, A.I.R. 2004 S.C. 4016
107 2013 STPL(Web) 323 SC

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forests for non-forest purposes which includes the compliance of all the Rules and Acts related to
environmental clearance.This position was made clear in a decided case108, where it was held
that the Ministry of Environment and Forests being the nodal agency had to follow the 3 step
procedure namely Scoping, Public Consultation and the Appraisal, enshrined in the EIA
109
Notification 2006, prior to granting of environmental clearance.
3.1.1. Public Hearing
The Environment Impact Assessment Notification 2006 states that the most important pre-
requisite to environmental clearance in the mining projects to extract minerals for atomic energy
purposes, is the conductance of a public hearing in areas that are likely to be affected by the
project, followed by the appraisal procedure which consists of the detailed scrutiny of the
application and other documents such as Environmental Assessment submitted along with the
application. It also scrutinizes the reports and suggestions of the public hearing that are to be
attached with the application made to the Ministry of Environment and Forests for
Environmental Clearance. Environmental Impact Assessment Notification 2006 lays down a
detail procedure to be followed to conduct a public hearing for an environmental clearance. 110
In the present case, the RUC applied for environmental clearance on 13th July 2020 and the
public hearing was conducted on 17th August 2020.111It is clear that the public hearing in this
case was not prior to the application made for environmental clearance and the application
attached no information about the public hearing. Hence, the public hearing conducted here, per
se is of no value. This procedural violation has indeed resulted in the grant of environmental
clearance causing grave injustice and gross violation of Fundamental Rights of the tribes of
Fairyland enshrined in the Indian Constitution.
3.1.2.Time Lapse
It is further submitted by the petitioner that the respondent granted the environmental clearance
after the expiry of time period under the EIA Notification 2006. The notification has issued that
the clearance should be conveyed to the applicant within completion of 105 days of the date of

108
Kalpavriksh v Union of India Application, No. 116 (THC) of 2013, National Green Tribunal Principal Bench,
New Delhi
109
Sl. No. 7, Environment Impact Assessment Notification, http://envfor.nic.in/legis/eia/so1533.pdf
110
Appendix IV, Environmental Impact Assessment Notification, 2006
111
¶ 7 of the Moot Proposition

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under the part B of First Schedule. In the present case, the respondent leased an area covering 45
square kilometers including the forests of Fairyland to the UCWL. 117
Secondly, the respondent ought to have complied with the provisions laid down in Section 8(1)
of the MMDR Act of 1957 which states that the mining lease should not exceed the period of
thirty years. In this case, the land was leased to the UCWL for Uranium mining for a period of
50 years118 thus violating the above mentioned provision.

Further, the petitioner directs the attention of the Hon‟ble Court to proviso of Section 4(1) 119
which states that the provisions of Section 4(1) would not affect the prospecting operations taken
by the Department of Atomic Energy. It is important to note that, in the present case, the activity
that is to be conducted is not a prospecting operation, but a mining activity to extract
Uranium.120Therefore, there are no exceptions to the provisions of Section 4(1). Environmental
clearance thus granted is not in consonance with various provisions of various acts and hence
invalid in the eyes of law.
3.3.Environment Clearance when validated
It is submitted that the petitioner would be subject to grave injustice when the arbitrary
environmental clearance, which is not in consonance with the Environment Impact Assessment
Notification, is validated. The Constitution protects its citizens against any injustice or violation
of their rights.121
3.3.1.Violation of test of reasonableness
Section 2(ii) (iv) of The Forest Conservation Act, 1980 provides that Central Government can
allow deforestation for “non-forest purposes” if the government considers it reasonable on the
basis of the reports of its committee to cut any forest for a particular purpose, which is done in a

117
Para 4, Moot Proposition
118
See Id.
119
Proviso to Section 4(1) of MMDR Act, 1957:-Provided further that nothing in this sub-section shall apply to any
prospecting operations undertaken by the Geological Survey of India, the Indian Bureau of Mines, 1 [the Atomic
Minerals Directorate for Exploration and Research] of the Department of Atomic Energy of the Central overnment,
the Directorates of Mining and Geology of any State Government ( by whatever name called ), and the Mineral
Exploration Corporation Limited, a Government Company within the meaning of Section 617 of the Companies
Act, 1956.
120
Section 3 of MMDR Act 1957:- In this Act, unless the context otherwise requires: (c) "mining lease" means a
lease granted for the purpose of undertaking mining operations, and includes a sub -lease granted for such purpose;
(d) "mining operations" means any operations undertaken for the purpose of wining any mineral; (g) "prospecting
licence" means a licence granted for the purpose of undertaking prospecting operations; (h) "prospecting operations"
means any operations undertaken for the purpose of exploring, locating or proving mineral deposits;
121
Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802

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Pleadings

reasonable manner.122In the present case, there has been a total non-application of mind in
granting of environmental clearance without taking into consideration the details of public
hearing, which was conducted only after the application was submitted to the respondent.
Secondly, the grant of environmental clearance has been conveyed after the expiry of time
specified under the Environment Impact Assessment Notification.This is a clear act of
arbitrariness by the respondent in granting environmental clearance without any recent
environment impact assessments.
The respondent herein has acted unreasonably by neglecting the tribal people. This would
grossly impact the lives of the tribal community of Fairyland and would fail the test of
reasonability under Article 19 of the Constitution.123
3.3.2.Violation of various provisions of directive principles read with fundamental rights
It is submitted by the petitioner that the arbitrary and unreasonable validation of grant of
environmental clearance would result in damage of environment, life of the tribal people and
their health evidently violating various provisions under the Constitution. The provisions under
the Directive Principles of State Policy are violated when read with the provisions of
Fundamental Rights when the environmental clearance is validated. Article 48-A lays down that
the state shall endeavour to protect and improve the environment and safeguard the forests and
wildlife of the country. Also, according to the fundamental duties listed in Article 51-A of the
Constitution, it is the duty of the state to protect the environment and to have a compassion for
living creatures.
The development and the protection of environments are not enemies. If without degrading the
environment, the development activity is planned, it is allowed to go ahead. 124In case of doubt,
protection of environment would have precedence over the economic interest. 125In the present
case, there has been a high level of doubt arisen due to the arbitrary grant of environmental
clearance without any public hearing reports. The present environment clearance has not taken
into consideration any recent reports on the environment assessment impact. This clearly shows
that the respondent herein has not taken due care to assess the anticipated damage. In this case,
the report submitted by the Department of Atomic Energy mentions that the Uranium mining

122
Goa Foundation and Others v. State of Goa and Others, 2001 (3) BomCR 813.
123
Samatha v.State of AP & Ors. AIR 1997 SC 3297; T.N GodavarmanThirumulkpadv.UOI, (1997) 2 SCC 267
124
Principle 15, Precautionary Principles, Rio Conference of 1992
125
M.C.Mehta v Union of India, AIR 2004 SC 4016

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process should be undertaken by the means of Leaching Process and Tailing Dams to safeguard
the environment and protect it from any damage.126Ironically, this in itself is an example of
environmental damage. The arbitrary and unreasonable environmental clearance granted by
negligence on the part of the respondent, neglecting the environmental aspects and the life of
tribal people in Fairyland, is a transparent and a complete violation of the provisions mentioned
above.
In order to attain the constitutional goal of protection and improvement of the environment and
protecting people inhabiting the vulnerable areas from the hazardous consequences of the
arbitrary exercise of power without due regard to their life, liberty and property, the Court should
intervene effectively by issuing appropriate writs, orders and directions.127

In a plethora of cases128, the Hon‟ble Supreme Court has given importance to health of
theindividuals exposed to hazardous substances thereby safeguarding the various Directive
Principles under Articles 39(e), 41, 43, 48-A read with Article 21 in order to protect the citizens
by guaranteeing a person‟s right to live a life of meaningful purpose and dignity. Therefore, it is
humbly submitted by the petitioners that the environmental clearance granted is not in
consonance with the Environmental Impact Assessment Notification and hence invalid. It is also
submitted that the arbitrary and unreasonable environment clearance when validated, violates
various provisions of the Constitution without safeguarding the life of the tribal people of
Fairyland. The petitioner has thus approached this Hon‟ble Court and raised issues that have
caused grave injustice to its people.

126
Annexure B, Part II, Moot Propostion
127
Kinkri Devi AndAnr. vs State Of Himachal Pradesh And Ors., AIR 1988 HP 4
128
Consumer Education & Research Centre v. Union of India, AIR 1995 SC 922; Kalyaneswari v. Union of India,
(2011) 3 SCC 287; Kirloskar Bros. v. ESI Corpn., AIR 1996 SC 3261

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Prayer

Prayer

In the light of the issues raised, arguments advanced and authorities cited, may this Hon‟ble
Court be pleased to:

1. To quash the impugned environmental clearance

2. To issue a prohibitary order restraining respondents in proceeding with the project.

AND/OR

Pass any other order that it deems fit in the interest of Justice, Equity and Good Conscience.

COUNSEL FOR THE PETITIONER

BISMA BASHIR

Date: 07-03-2021

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