GENERAL INTRA MOOT COURT COMPETITION 2020

CHANAKYA NATIONAL LAW UNIVERSITY

MOOT PROPOSITION

SAVE BLUE v. UNION OF SINDIA

The Union of Sindia is the second largest populated country in the world, having gained
independence in the last century, the growth of the nation is marvellous enough, being the
second largest growing economy and the youngest nation in the world. Sindia is a prime
member of SAARC and several other world forums playing a major role in world arena. 17
Sustainable Development Goals were adopted in 2015 and thereby in collaboration with the
United Nations Development Programme (UNDP) 3 projects were implemented since 2015.

Recently Sindia hosted the World Sustainable Development Summit in April 2019 wherein
the parties agreed to move towards Renewable source of energy and rural development as its
top aim. It is also the most anticipating member of reforms in United Nations Security
Council (UNSC). In April 201 8, International Renewable Energy Agency (IRENA) held a
conference in March 2019 under the United Nations Environment Programme (UNEP), the
conference passed a resolution wherein the countries including Sindia agreed to increase
renewable source of energy by 2 percent annually in nations total energy source.

Despite of all this Sindia had issues internally as any other developing country with the recent
problem being excessive energy shortage especially in southern and eastern States wherein
development and investments are more. With most literate people, energy and balanced
development became a matter of right determining even the victory in elections. With respect
to neighbours also the relationships are up and down. Moreover the neighbouring state
Swamabhumi signed an agreement with Mandarina, the North east neighbour of Sindia,
leasing a port island Mannar, the closest Island to Sindia of Swamabhumi which is alleged to
be Military camp.

Sindia has a total coastline of 7300 km approximately, out of which mainland coastline
consists of 6100 km and islands’ coastline consists of 1197 km. Sindian coastline touches
nine states and four union territories. Aram State in North has the longest sea coastline in
India of 1,600 km wherein one Ocean power project was launched under Sustainable
Development Goals (SDG). Large parts of the coastal plains of Sindia are covered by fertile
soils. Fishing is an important occupation of the people living in the coastal areas of India and
the coastal area also marks the habitat of tribal community engaged in fishing. The coastal
belt comprises of a wide range of ecosystems extending from sandy beaches and mangroves
to coral reefs and rocky shores. Mangroves make 6 percent of the coastal area in Sindia.

The coastal line is the home to rare species of flora and fauna. Around one fifth of the
population of the country lives along the coastal region and there are 3 metropolitan cities of
the country in coastal region. The coastal region makes Sindia one of the preferred
destination for Beach tourism. Tourism marks almost 9% approximately of the nations GDP.
Sindian coastal region is of great importance as it shares coastal border with nations in South
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CHANAKYA NATIONAL LAW UNIVERSITY

Asia like Swamabhumi, Mayadives etc. The coastal region is thitheart of economy as
Sindia’s trade importance is largely due to its coastal location.

Hamantha is a small group of islands located in the Bay of Engal in the east of Sindia, the
group of Island is a union territory. The island comprises of 8 islands with South Hamantha
being the capital island . The island has one of the largest coral reefs in the country. The
Union Territory shares a maritime border with the nation Swamabhumi. The island has one
Member of Parliament in Lok Sabha and one Member of Parliament in Rajya Sabha with
Lieutenant Goveltnor being the Chief Administrator. The tourism industry of Hamantha has
the largest tourism potential in Sindia with its distant from Sindia meaning a great hindrance
to that. Tourism in Hamantha is promoted by Sindian Tourism Ministry (STM), a
government of Sindia undertaking. The island is often a matter of concern due to illegal
migration and unstable neighbours and natural hazards, the 2004 tsunami being the major.

The island has a population of 4 lakhs as per 2011 and is home to 6 indigenous tribes in the
world which makes 2000 in population. The Sakura Island, the smallest of all is the home of
Saakuria tribe one of the most indigenous in the world with. no outside world touch and the
island is a Prohibited Area. The Hamantha island population has increased from 2.5 lakhs in
2001 to 4 lakhs in 2011 wherein the tribal population decreased from 2500 to 2000. The
islander’s primary occupation is tourism and fishing with little agriculture. The island is
backward in terms of communication and internet facility but an emerald in itself being home
to several rare and beautiful species. Excessive power cuts and remoteness are challenges.
The middle and north is the coral hub with corals in south of slightly less density.

Since 2015, Power shortage is a major trouble and cause of dissatisfaction of people. The
connectivity was enhanced from 4 major cities through Air and Sea. The island since 2015
received a lot of tourist which is 30% more than usual. In recent times the local people
claimed excessive crocodile movements in the human habitation areas and the local people
state that this happened never before. On 2nd Apri1 201 8, American tourist were attacked and
killed by crocodile and since then the government took several actions wherein the beaches
were prohibited for swimmers and the government issued an order restricting fishing in areas
for local fishing communities. Since 2010 the island witnessed large number of plastic
deposit and several aquatic creatures were found dead in the sea shore in recent times with 1
Dugong each month since 2016.

In 2018 Parliamentary election, the National Democratic Party came to power in the centre
and also in the island. Many developments have been brought up like Optic Fibre Connection
Cable under Connect Sindia Project to enhance speed of internet being the major project.
Efforts are made to enhance tourism and education with 4 colleges being inaugurated since
2015.

Since the area is a coastal zone, changes to Coastal Regulation Zone (CRZ) were anticipated
and after all procedures the CRZ 2019 duly came into effect in January 2019.The Union of
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CHANAKYA NATIONAL LAW UNIVERSITY

Sindia made a Press Release as to the aim and purpose of CRZ 2019 as given under “the
Central Government, with a view to conserve and protect the unique environment of coastal
stretches and marine areas, besides livelihood security to the fisher communities and other
local communities in the coastal areas and to promote sustainable development based on
scientific principles taking into account the dangers of natural hazards, sea level rise due to
global warming”

The following provisions were made pertaining to Hamantha Islands.

Regulation

2.5 - CRZ V-The Hamantha group of islands shall exclusively come under CRZ V from the
date of the 18th January 201 9.
The limit of CRZ in the Zone V shall be 50 metres from the High Tide Line.

5.4.1 - The restrictions and prohibition applied to CRZ I under the CRZ 2019 shall apply to
the CRZ V.

Provided that nothing contained in any law, rule and the CRZ regulation 2019 shall affect
the exclusive power of Union of Sindia to limit or impose Prohibition and Regulation to the
said CRZ V including power to modify the CRZ limit and No development Zone limit except
for island in ecologically sensitive zones i.e. Sakura Island in advancement of development
and public interest of the Nation.

Provided all provision in any law contrary to this regulation shall remain inoperative till the
regulation is in operation to the extend needed to accomplish the purpose of the regulation.

Any such laws shall be operative only when the Government of Sindia specifically permits
expressly through order the operation of such laws.

As per the above law several developments took place.

In October 2019 the government launched a huge ocean power project in Sabath Island
wherein l0 coastal villages were to be taken up and given rehabilitation including the two
villages of native tribes whose primary occupation is fishing. Under the ocean power plant
sea turbines generate powers, the acquisitions have started and the project is in initial stage.
The government of Sindia in November 2019 launched Emerald island project wherein the
Central Government declared 2 islands namely Gala and Hatten Island's No development
Zone as 10 metre Limit from HTL and bidding were invited for setting resort in the islands.
The government also sanctioned a huge bridge to connect the Tara island one of the entry
restricted island (due to its rare hora and fauna) and the closest to Mannar Island with the
main island via sea wherein a three kilometre bridge is proposed. The Government exercised
the power under CRZ provisions pertaining to Hamantha Island.
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CHANAKYA NATIONAL LAW UNIVERSITY

On January 2020 the students association of Hamantha college made a protest in front of Raj
Bhavan the resident of Lieutenant Governor and within 3 days the protest grew into a Public
movement wherein lot of people joined the protest in the Capital city Hamana. After that
agitation started in the Union of Sindia often leading to violence especially in the island of
Hamantha which is inhabited by students largely and people who are native before 2000 who
are likely to get affected the most. The agitations were done stating the Regulation as “Coast
Curtailment Regulation”. Slogans were shouted calling the CRZ regulation as a suppression
of Islanders interest rather than facilitating.

SAVE BLUE is an organisation exclusively devoted to research and other works to develop
marine ecosystem. It is committed to Coastal protection and wildlife which opposed the CRZ
for the island whereas the Tourism Agency Association welcomed the Project. Uprising and
protest rose in Hamana asking for revival of status to CRZ I and stating present provision as
threat to life of local people, tribes, flora and fauna were widespread. With the initiation of
ocean power project demanding displacement of people the SAVE BLUE organization
having top native people and former Member of Parliament including Mr. Saarkar of
opposition party Union People Party (UPP) as members filed a PIL in the Supreme Court
questioning the validity of the special regulations 2.5 & 5.4.1 of the CRZ 2019.

The case is tiled against the Union of Sindia alleging the special provisions of CRZ as
discriminatory and prejudiced to the interest of its indigenous tribal people, environment
especially the exclusive hora and fauna and citizens for the sake of development and tourism,
where as the Ministry of Environment and Forest of Union of Sindia gave a press release
stating that aim of the special provision of CRZ is merely to boost development and
connectivity with the islands on par with environment laws.

The case is posted for argument before the Honorable Supreme Court of Sindia.

1. Whether the PIL filed by “Save Blue” seeking interference of Supreme Court is
maintainable?

2. Whether the project under CRZ affects the environment endangering ecosystem?

3. Whether the CRZ is contrary to the native tribal people’s right to livelihood?

4. Whether the CRZ giving excessive discretion to the Union of Sindia is ultravires of the
parent law and the Constitution?

Note: The laws of Sindia are in pari materia with laws of India.