MOOT COURT SUBMISSION 2nd Speaker

If it may please your lordship The Co-counsel seeks permission to proceed with 3rd issue of
the case…

The 3rd issue of the appeal present before this honourable court state that …..

Whether the Vanaspati deserves standalone protection as living creatures in contrast to the
development agenda of Aryaland?

The counsel present forward the contention before this honourable court by stating that
Vanaspati does not deserves standalone protection as living creatures in contrast to the
development agenda of Aryaland

The counsel came to this contention by relying on study put forward by the Environmental
Kuznets Curve (EKC) hypothesis that state that countries should focus initially on
economic growth even if it comes at the expense of environmental quality. The argument is
simple: “pollute first; clean up later.

We must design transparent mechanisms that allow for meaningful discussion through a
participatory process, in which all the groups affected by the projects are involved. We
need to strengthen participatory processes such as public hearings in the environmental
and forest clearance process. Research shows that meaningful public participation in
decision-making in a variety of environmental and natural resources management contexts
will, in the long run, build greater trust among various stakeholders and reduce conflict.
The idea of sustainable development cannot be mere rhetoric; it must be accompanied by
transparent, participatory mechanisms that allow for meaningful discussion of the
development paths that make growth truly sustainable.

 In a report by world commission on environment, this was known as ‘our common future’
defined ‘Sustainable Development’ as: Development that meets the needs of the present
without compromising the ability of the future generations to meet their own needs  

The Sustainable Development Goals (SDGs) were adopted in September 2015 as a part of
the resolution, ‘Transforming our world: the 2030 Agenda for Sustainable Development’.
India is committed to achieve the 17 SDGs and the 169 associated targets, which
comprehensively cover social, economic and environmental dimensions of development and
focus on ending poverty in all its forms and dimensions. At the Central Government level,
NITI Aayog has been assigned the role of overseeing the implementation of SDGs in the
country. India is still in a developing stage and Development comes through
industrialization

The counsel on behalf of the respondent Contends on the issue of standalone protection as
living creatures in contrast to the development agenda by focusing on the issue whether
two fundamental rights can be balanced so to clarify the weight age whether environment
protection should be given more emphasis or the economic development. [A]This will be
dealt by the counsel for the respondents in a threefold manner covering that

(1) There is violation of article 21 to establish standalone protection as living creature of

Vanaspati,

(2) There is no possibility of alignment

(3) and There is no need for balancing of fundamental rights.

(1) Violation Of Article 21

Article 21 of Indian constitution states

“No person shall be deprived of his life or personal liberty except according to a
procedure established by law.

The interpretation of the article can be drawn through various cases.

The word life under article 21 means quality of life (Francis coralie v. Union territory of
delhi, AIR 1994 SC 1844 pg no20)

It is humbly submitted that in a developing state like Mahapradesh, traffic congestion

and poor travelling conditions are common problems, by having access to the benefits
and conveniences of metro line the people of Vanpool can improve their standard of
living.

It is humbly submitted that in the republic of India in the state of Maharashtra in a

similar circumstance where Managing director of the metro rail explained how right to
life is violated due to a delay in project execution and the following observations were
made by her in the case of Jamshed Noshir Sukhadwalla And Ors Vs Union Of India
And Ors, delay in project or changing the course of project directly effects right to life
Ashwini Bhide, who is now managing director of the MMRC said "once it is
operational,
 more than six lakh vehicles daily will be off Mumbai roads. Apart from being an eco-
friendly mass transport system, it will also help save over 200 lakh litre of fuel per day.
It may be prudent to mention here that globally, the public transport system density is
six people per square metre; eight persons are considered to be dense. Now, cut to
Mumbai where we have 14- 17 people per square metre. This is the main reason why
people are forced to travel in subhuman condition on trains and buses. Many end up
dying. . it is estimated by MMRC in a future 10 year development plan that Reduction
in Vehicle trips/day in year 2021 is 4,56,771 and in 2031 is 5,54,556, reduction in
consumtion Reduction In Pollution Emission Due To Reduction in no. of Vehicle Trips
(Tonnes/Year) is 6800 in 2021 and 8256 in 2031 and reduction in consumption of
petrol/diesel in 2021 is 2,43,390 and in 2031 is 2,95,495 and same can be ascertained if
metro line continues to be in progress in Mahapradesh.

Taking reference from the above circumstances and effects, it is further submitted that
through metro project the citizens will be able to avail benefits such as reduction in
pollution emission37 ,

healthy travel conditions38 ,

less consumption of fuel,

lower rate of accidents,

relives traffic problem in the city,

safety for women travelers, eco friendly transport system and many more. And if denied
the metro line work by honourable apex court then the citizens of Mahapradesh will be
deprived of their derived FRs under Artucle 21 of The Constitution.

It is humbly submitted that construction of metro is necessary for economic progress and
welfare of the state and delay in the project affects this process. It is respectfully submitted
that the Petitioners have failed to prove that the passage of the proposed metro tunnel
which will pass through the central ‘sanctum sanctorum’ of the Vanphool would lead to
violating fundamental rights of the petitioner under Article 25 and Article 29 of the
Constitution and also will destroy the very religions itself and therefore, submissions of the
Petitioners lack any merit and delay in metro project not only effects the welfare of the
state but also weaken the state economically.
The counsel would like to move forward towards the second dimension of

“No Possibility of Alignment”

and to support the contention it is stated that –

In the republic of India in the state of Maharashtra in a similar circumstanceṅ in case of

Jamshed Noshir Sukhadwalla vs Union Of India And 11 Ors where there was no possibility
for alignment and the reason for constructing an underground metro is that it is a
congested area in Mumbai and if elevated metro has to be constructed there might be need
to demolish many structures including heritage buildings, for example the reason why
Delhi metro is not totally over ground is because lack of availability of land and traffic
congestion. When the Petitioners moved the Hon'ble Mahapradesh High Court At this
situation the issue about realignment is out of MMRCL‟s hand and shifting the tunnel
from its present alignment would entail further cost and burden the state exchequer

Taking reference from the case of Jamshed Noshir Sukhadwalla And Ors vs Union Of
India And Ors where it was established that one of the important factors is that the subject
Metro line is referred to as up line and the metro tunnel on the other side has already been
constructed and the subject metro tunnel passing through is going upwards, therefore, now
the realignment is not possible as the same will disturb construction of Kalbadevi station
and it will further disturb the alignment between the two Metro lines going upward and
downwards. Similarly in the present case, realignment will cause severe disturbance in the
construction of the Metro line as such. Insofar as the proposal submitted by the petitioners
for realignment of up-line is concerned, s various technical, architectural and designing
elements are required to be taken into account while considering the alternate proposals of
the petitioners. The proposed Metro Station has been designed after careful and detailed
planning. The station has to be compliant with all safety protocols considering that it is to
serve a huge volume of people.

At last the co-counsel while presenting the final contention would like to firmly contend
that – there is “No Need of Balancing Of Fundamental Rights”

In case of Mazdoor Kisan Shakti Sanghatan vs Union Of India , [Writ Petition (Civil) No.
1153 of 2017 it was stated by honourable court that Balancing of the fundamental rights
aims to ensure that the “paramount collective interest 5that is the larger public interest is
ensured, there may be situations where conflict may arise between two fundamental rights..
In all such situations, the Court has to examine as to where lie the larger public interest
while balancing the two conflicting rights. It is the paramount collective interest which
would ultimately prevail. A three step formula has been laid in this regard,

where firstly; the facts and the circumstances of both such violations are considered.

Secondly, the competing interests are measured and

thirdly a balance is sought to creatively interpret the violations by ensuring that none of
them is completely made extinct.

The conflict between two fundamental rights arises when there is violation of fundamental
rights on both the sides of the parties here in this case that art. 21 of the citizens of
Mahapradesh is violated but there is no violation of art.25 of the constitution so art. 21
automatically prevails and there will be no question of balancing.

Besides the contention and discussion of Fundamental rights, environment protection and
sustainable development the counsel want to state why there is need of Metro in
Mahapradesh

In Unnikrishnan v. State of Andhra Pradesh47 and a host of other cases48 it was held that
Fundamental Rights and Directive Principles cannot be read to be exclusionary of each
other. Fundamental Rights are a means to achieve the goals specified in the Directives, and
they must be construed in the light of Directive Principles.

Das C.J., in Re Kerala education bill 50 said that the courts must not entirely ignore the
Directive Principles and the principle of harmonious construction45 should be adopted to
give effect to both Fundamental Rights and Directive Principles as much as possible. It was
stated that while interpreting a statute, the courts would look for the light to the „lode star‟
of Directive Principles.

It is humbly submitted that a metro tunnel consumption of energy

is more efficient than road based system

it also causes less sound pollution and no air pollution.

So the metro tunnel constitutes the removal of pollution of air which in turn increases the
quality of life which is one of the main derived FRs as stated before.
Maintenance of health and preservation of environment also comes within the preview of
Article 21. Pollution affects the life of its citizen and it a factor in causing many health
problems of the citizens.

Accidents in metro are far less than other transport. Every year 25000 to 30000 deaths
occur because of the local trains in Mumbai.39 Metro is clean when compared to other
transportation facilities. Right to life guaranteed under article 21 also includes within its
ambits right to health and medical care as stated in State of Punjab and Ors. v. Mohinder
Singh Chawala,Civil Appeal No. 16979 of 1996

Accidents in metro are far less than other transport .every year 25000 to 30000 deaths
occur because of the local trains in Mumbai.39 Metro is clean when compared to other
transportation facilities in Indusland. Right to life guaranteed under article 21 also
includes within its ambits right to health and medical care as stated in State of Punjab and
Ors. v. Mohinder Singh Chawala,Civil Appeal No. 16979 of 1996

In Kesavananda Bharti v. State of Kerala where it is expressed that fundamental rights of

the few must “subserve the common good” as embodied in the Directive Principles, and
that whenever the Legislature made a law to implement a Directive Principle the court
should uphold it notwithstanding its inconsistency with any Fundamental Rights, and
irrespective of the rule of harmonious construction as between different mandates of the
Constitution53 The Counsel humbly requests the court to take into consideration the
Metro railways act, 2002 in India under which metro constructions across the nation are
carried out so that state can further implement directive principles and implement the
concerned law in Mahapradesh similarly.

If the honourable apex court is satisfied with co-counsel submission and if the lordship
have no further queries then the co-counsel would like to proceed towards the PRAYER .

Wherefore in the light of facts presented, issues raised, arguments advanced and
authorities cited, the Counsels on behalf of the respondent humbly pray before this
Hon‟ble Court that it may be pleased to adjudge and declare that:

1. That the beliefs and practices are NOT essential & Integral parts of Vanshaj Community

2. That the construction of metro rail will not violates Art.25, Art.29 enshrined under part
III of the constitution of India.
3. That Vanaspati does not deserves standalone protection as living creatures

AND/OR Pass any other order, direction or relief that it deems fit in the interest of Justice,
Equity and Good Conscience. For this act of kindness, the Claimant shall duty bound
forever pray

Question and Ans.

India- Aryaland

Mahapradesh - State

Vanpool- Area

Vanaspati- Forest

Vanshaj Community Vanpool tree temple

 ICCPR- International Covenent on Civil and Political Right – Multi lateral treaty
adopted by UN for human rights

 UDHR- The Universal Declaration of Human Rights

 ICESCR - International Covenent on Economic Social and Cultural Rights

 MMRC – Mumbai Metro Rail Corporation

 Articles 38- The State shall strive to promote the welfare of the people by securing
and protecting as effectively as it may a social order in which justice, social, economic
and political, shall inform all the institutions of the national life

 48A. Protection and improvement of environment and safeguarding of forests and

wild life The State shall endeavour to protect and improve the environment and to
safeguard the forests and wild life of the country