MOOT COURT PROBLEM Bastar is a village in the state of Himasthan and is renowned for its farming activities.

The Cultivators mainly grew paddy which catered to the needs of the entire state. The state enacted a legislation in 1951 where under the cultivators were given the ownership of land cultivated by them. The said law was saved under Article 31 B of the Constitution of India by its insertion in the IX Schedule. In December 2006 Brett & Co.' an American multinational petroleum refining Company entered into an agreement with the Government of India for setting up 'refining and enrichment plant at Bastar. In early 2007 the Government initiated the process of land acquisition and accordingly procedure was initiated under Section 17 of the Land Acquisition Act and a notice of 48 hours was served upon the farmers to vacate their lands. To deal with the agitation led by the farmers now deemed owners, 'Brett & Co.' offered employment to the farmers in the refinery that would be set up and also offered training in that regard. The company also offered certain monthly wages until the refinery was actually set up. The farmers readily accepted the offer and on seeing the rustic attitude of the farmers the NGO did not further interfere. The wage agreed was linked to cost of living index as well as 500 times more than the basic wages. At the end of one year, the Company re- structured its agreed monthly wage by abolishing the slab system agreed and henceforth only the basic wage was to be paid to the farmers. This basic was fixed at Rs. 100/- per day. The company contended that the slab system has resulted in over-neutralization and thereby landing farmers in the high-wage island. With not alternative remedy in cite farmers were forced to work at very low wages. Subsequently, the situation further degenerated and farmers came to be oppressed on their own lands. Accordingly Public Interest litigation was filed through and NGO 'Samvedana'in May 2009 in the High Court of Himasthan under Article 226 of the Constitution. One of the contentions was that Section 17 of Land Acquisition Act was ultra vires of the Constitution. After hearing both the parties the court partly allowed the petitions while upholding Section 17 as constitutionally valid. The Court also issued the following directions: a) The Government of Himasthan will, without any delay and within a period of six weeks constitute Vigilance Committee in compliance with the requirement of Section 13 of the Bonded Labour System (Abolition) Act 1976. This vigilance committee was to also look into the environmental aspect of the problem. b) The Central Government and the Government of Himasthan will take all necessary steps for the purpose of ensuring that minimum wages are paid to the farmers employed as workmen in the petroleum refinery. After the directions were issued by the High Court, The vigilance committee submitted its report in two months. In its report the committee projected the systematic destruction that was being caused to the under- ground water bodies and serene beauty of the village. The report also stated that the said refinery emitted certain dangerous gases which were hazardous to the health of both the workmen as well as the residents of the village. Not satisfied 'Samvedana' filed a PIL in the Supreme Court of India under Article 32 of the Constitution in November 2009. The matter is slated for the final hearing on 14th February 2010 in the Honorable Supreme Court of India. Parties to argue accordingly. This problem has been drafted by Shahir Issani (student of third Year LL.B (Hons)