10 TH PRO BONO ENVIRO N ATIONAL MOOT COURT COMPETITION, 2016

MOOT PROPOSITION
1. The Republic of Dorado (Dorado) is the seventh largest country in the world. It is
a biodiversity hotspot, with varied ecosystems ranging from tropical forests to
deserts. The country was founded on socialist principles. However, during the last
two decades, successive governments have moved away from socialist ideals, and
the country opened up its economy with the National Mandal Partys (NMP) rise
to power in 2012. With a population of 1.2 billion and a surface area of 3.7 million
kilometres, it is the worlds ninth largest economy.
2. Dorado is bounded by the Republic of Isqandar (Isqandar) to the East and the
State of Tanzik (Tanzik) to the West. Dorado and Isqandar share strained
relations from the time both the States attained their respective independence
from the Yokers. While Tanzik is a developed nation with worlds third largest
economy and the second largest armed force, Isqandar is still a developing nation
under military rule. Tanzik and Isqandar share a cordial relationship with military
aid being provided to Isqandar.
3. Dorados semi-arid grasslands, broadly termed Gilead, once covered more than
15,00,000 hectares. It was a classic self-sustaining ecosystem supporting both a
variety of native flora and fauna and settlements. These grasslands were home to
species such as the Great Bustard and the Lesser Florican. The native tribes in
these regions who were traditionally nomadic pastoralists, also known as Tarda,
depended on these grasslands for sustenance and for rearing a native species of
cattle called the Kaval. The Tarda strongly believed in nature worship and
worshipped the grasslands as their God. Gilead contained water bodies that
constituted the main source of surface water for both the humans and the animals
inhabiting it. The wildlife, cattle, and pastoralists lived in harmony and
equilibrium.
4. Due to anthropogenic pressure, the grasslands were converted. Industrial areas
and townships were developed and rivers were diverted to provide water for
development. Presently not more than 1,50,000 sq. hectares of grassland
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ecosystem survives, in small pockets, with the largest extent of contiguous

grassland Varkia, being about 35,000 hectares in the District of Khyber (Khyber).
Environmentalists and scientific researchers were concerned about the
introduction of invasive alien species of flora and fauna due to settlements and
afforestation. There was a strong movement to protect these grasslands for their
intrinsic ecological value. As a result, the Ministry of Environment and Forests
(MoEF), now the Ministry of Environment, Forest and Climate Change (MoEFCC),
notified 1,100 hectares of grasslands in the District of Hutin (Hutin) as a forest
under the Forest (Conservation) Act, 1980.
5. In 2013, the Doradian Government announced its ambitious plan to set up a
Uranium enrichment facility and defence-related research institute to develop
indigenous fighter aircrafts and missiles.
6. Towards the end of May, 2014, Government authorities began the construction of
huge walls in the grasslands of Khyber, enclosing the entire grassland and also
dividing it into many parts. The Tarda were unofficially informed that they had to
leave the grasslands within 8 months since several top-secret projects were to be
established in that area. Protests by the local people did not yield any results. The
construction of walls prevented entry of the natives and also hindered the
movement of animals. The Government refused to divulge any information on
the projects even under the countrys Right to Information Act, 2005 citing the
protection of national security. There was a shroud of secrecy hovering over the
activities being carried on in the District.
7. By December that year, 12 villages in the Khyber grasslands formed an action
council Radava Mehel to ventilate their grievances and protect their rights. As a
result of their sustained struggle, the Government issued a statement that a
Uranium enrichment and spent fuel storage facility, missile research, development
and testing range, and aircraft testing range were to be constructed in the area but
refused to make public any of the project reports including the environmental
impact assessments. The Government announced a proposal to divert a river to
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flow through the grasslands and to plant 3,00,000 trees on these lands. Further,
the Government promised to provide employment to all the people in the region
depending on their qualifications.
8. Environmental organisations, tribal rights activists, and wildlife activists at both
national and international levels strongly condemned the project when the
proposal was announced. They alleged that it would result in the destruction of
the fragile grassland ecosystem which serves as the last surviving habitat for
endangered grassland species protected under law and that it would also deprive
the Tarda of their rights.
9. Environmental Action Network, an NGO which functioned in over 25 countries
globally, including Isqandar, began working with Radava Mehel and organised
protests against the activities that were being carried on. They heavily denounced
the Governments project for proceeding without consulting and hearing the local
public. The Government refused to engage in any dialogue with the protestors
and openly criticised the struggle as one orchestrated by the NGO backed by
foreign interests.
10. In February, 2015 the locals found a herd of 15 Blackbucks and 1 male Great
Bustard dead in the grasslands. Local newspapers published rumours that the
animals were killed during bomb testing conducted by the Government. The
following month, village panchayats of the 12 affected villages, on the
recommendation of Radava Mehel, passed resolutions against the conversion of
the grasslands and its destruction. They also passed a resolution to approach the
Courts of law to protect their traditional and other rights and preserve their
environment.
11. Later in May, 2015, it was published in newspapers that the Government had not
obtained the necessary environmental clearances for the project. To this the
Government replied that the required clearance under the Environment Impact
Assessment Notification of 2006 was obtained from the State Environmental Impact
Assessment Authority (SEIAA) for the Uranium enrichment and spent fuel storage
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project in January, 2015 and that it could not be published as it was a matter
concerning national security.
12. Four months later, Mr. Tharik Ghulam, a resident of Khyber, filed an application
under Section 14 of the National Green Tribunal Act, 2010 before the Southern
Zonal Bench on the grounds that the constructions made in the grasslands were
illegal and without permissions mandated by law, especially the environmental
sanctions, and that the Khyber residents way of life had been destroyed by the
construction of walls and denial of access to the grasslands. Further, he also
claimed that they were entitled to protection under the Scheduled Tribes and
Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The
Honble National Green Tribunal admitted the application and issued notice.
13. Aggrieved by the conversion of Gilead and the projects to be set up by the
Government at the site, Environmental Action Network also filed an application
under Section 14 of the National Green Tribunal Act, 2010 in October, 2015. The
NGO pleaded that the grasslands were fragile fast-disappearing critical ecosystems
and as a whole ought to be protected. The group claimed that the grasslands were
deemed to be forests and were therefore protected under the Forest
(Conservation) Act, 1980. Further, they also claimed that the Government had
illegally commenced the construction activity in violation of the Environment
(Protection) Act, 1986, the Water (Prevention and Control of Pollution) Act,
1974, the Air Prevention and Control of Pollution) Act, 1981, the Biodiversity
Act, 2002 and the Forest (Conservation) Act, 1980 and that the environmental
clearance allegedly obtained from SEIAA was void.
14. The Government objected to the maintainability of the case on the grounds of
locus standi and limitation and further argued that the Tribunal lacked the
jurisdiction to adjudicate the applications filed by both the applicants. The
Honble Tribunal directed that all preliminary objections would be considered
along with the merits of the matter.

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15. Both the matters have been posted for final hearing before a Five-Judge Bench of
the National Green Tribunal on 04.12.2016.
N OTE:
i.

The political structure, legal system and legislation of the Republic of Dorado are
in pari materia with that of the Republic of India.

ii.

The Republic of Dorado has signed but not ratified the international conventions
and treaties ratified by the Republic of India and to which the Republic of India is
a Party.

iii.

The contentions are merely illustrative. Parties may construct their own issues and
present arguments for the same which may enable the NGT to render a final and
binding decision.

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