NCU LAW SCHOOL NATIONAL MOOT COURT COMPETITION
III EDITION
NCU Law School
National Moot Court Competition (III Edition)
November 20 - 21, 2015
Organized by:
MOOT COURT COMMITTEE
NCU LAW SCHOOL
SECTOR-23-A, GURGAON – 122017, HARYANA
NCU LAW SCHOOL NATIONAL MOOT COURT COMPETITION
III EDITION
MOOT PROPOSITION
1. The “Republic of “Soleti”, located in South Asia, is the fifth largest country in the world with
a land area measuring 41,80,900 square kilometers. Soleti being a developing nation is also
highly populated. Soleti has been part of International Treaties of UDHR, ICESCR, and
UNFCCC and has also ratified Kyoto Protocol.
2. Soleti’s National Liberation Alliance (NLA), which came to power in the 2013 general
election under the leadership of PM Mr. Todi initiated “Create in Soleti”, a National Program
to facilitate infrastructure and built in manufacturing in October 2013, so that economy
prospers, minimizing dependence on other Nations.
3. State of “Gaur”, forms part of western Soleti, extending to 4,14,600 square kilometers.
Gaur’s geography is such that the north- western region of the state, which forms almost half
region, is covered by “Aram Mountains”, followed by forests. The forest line is called “Dhir
forests”. The rest is plains. River “Suhu”, originates from Aram Mountains, finding its source
from Farabian Sea which is in the west of Soleti, flows through the western region and again
merging in the Farabian Sea. (Refer Annexure A)
4. The state is more of a tourist destination considering its topography and diverse wildlife. The
banks of Suhu consist of the indigenous population “Aryans” who are untouched by
civilization. Aryans lived in the lap of nature and used natural means to survive. In 1989,
2,12,000 square kilometers of Dhir forest was declared as reserved area, keeping in mind the
needs of Aryans and maintaining the wild-life according to the Forests Act, 1927
5. In order to suffice the aim of Create in Soleti, an Expert Committee was appointed in
November 2013 to check the sectors where Industrialization would function without being
interdependent.
6. According to the Report of the Committee, in January 2014, one of the mineral ‘Sona’ was
found in the soil of the north-western region of Gaur. Sona is one of the essential raw
materials which are used in the manufacturing process of Mineral Oils. Mineral Oil has been
part of extensive imports done by Soleti from the west. Considering the grave use of such a
product, the economy of Soleti will be highly benefitted if such product would be
manufactured in the country itself.
NCU LAW SCHOOL NATIONAL MOOT COURT COMPETITION
III EDITION
7. Following the Committee Report, the Ministry of Forest and Environment, further conducted
a study with the exploration experts and forests officers as to the availability of Sona in Gaur.
The report of the study which came in February 2014 claimed that soil in major portion of
the Dhir forest and the mountainous districts of Gaur contained Sona.
8. The Government decided to initiate exploration and set up a big manufacturing plant to
manufacture mineral oil in state of Gaur. To serve the purpose, Government delegated the
task to NGAO (Natural Gas and Oil) Corp, a PSU of Soleti, to set up a manufacturing unit to
extract and process Sona.
9. The commencement of the construction of site began in April 2014. Around the end of 2014
of the site being set up, there were constant complaints by the people living in and around
residential areas regarding outbreak of respiratory problems due to the dust and fumes
emitting from the site. The high level of noise caused by the construction work was also a
nuisance to the neighborhood especially during night times.
10. According to the report of ECA (Environment Concerned Agency), an NGO working in Gaur
itself in June 2014 highlighted two areas of concern that the site had caused:
10.1 The construction resulted in huge deforestation and emissions of carbon gases. It also
caused the wildlife to suffer, in a way that migratory birds were found less during the
monsoon of 2014, Leopards venturing into residential areas etc. (Refer Annexure B).
10.2 The gases released in the area resulted in drastic climatic change (Refer Annexure C &
D). Also river Suhu was being contaminated and polluted because of all these actions.
This largely affected Aryans Suhu was their prime source of food and water.
11. The Report also claimed that this will have an in-direct effect on the tourism of Gaur.
However due to the project being the priority of the Government, the construction site
continued to function.
12. In May 2015, after majority of construction was completed with, a flood broke out
originating from the Farabian Sea, in the west, majorly affecting the state of Gaur. The flood
added more problems to the civilization and wild-life of the state as the forest cover was
considerably reduced. The encroachments in the forest cover increased as people sought
shelter, resulting in more deforestation.
NCU LAW SCHOOL NATIONAL MOOT COURT COMPETITION
III EDITION
13. Within a month of the disaster, the area became a chaos as the reserved area of the forest
depleted and the civilization and wild-life was affected. Further, climatic change and
contaminated river Suhu added to the problems.
14. Due to wide protests in Gaur, the Wildlife Advisory Board directed the closure of the
manufacturing plant/construction site of NGAO under the ambit of Environment, Wildlife &
Air legislations of Soleti by the end of June 2015.
15. The Court on appeal by NGAO struck down the closure order and ordered NGAO to install
necessary pollution control equipment to protect people and the environment from the
hazards of air pollution. The court further directed a disaster management committee, having
forest officers and experts to evaluate the harm caused to wildlife in Gaur.
16. However, in October 2015, ECA and other NGO’s along with the leader of Aryans filed a
Public Interest Litigation‟ (PIL) before the Supreme Court of Soleti against the Union of
Soleti and NGAO. Inter alia, the petitioner also contended that the widespread deforestation
& pollution in Gaur due to the construction of manufacturing unit by NGAO has largely
affected the economic, cultural and social life of Aryans. Compensation for the same was
also sought.
17. The Supreme Court has posted the matter for final hearing on the November 20, 2015.
The teams are required to frame issues and argue for both parties.
NOTE: The laws of the Republic of Soleti are in pari materia with the laws of the Republic of
India