CONSTITUTIONAL MOOT COURT PROBLEM:

The State of Apple is one of the States in Violet. Due to wrath of nature the state is facing an acute scarcity of
water and the condition in major part of the state is near to drought. To meet this situation, the State of Apple has
taken a policy decision to construct the number of dams in the State so that the rainy water could be accumulated
in the dams which would help in meeting the growing needs of water for the purpose of drinking, agriculture and
also for the industries. The government is also of the opinion that the accumulation water in the dams would help
in recouping the underground water level in the State One of such dams is to be constructed in a district which is
more severely affected the construction of the dam would affect ten villages which are adjoining to the location of
the dam, their agricultural fields would either be submerged or get water logged which would deprieve them of
their rights to livelihood. The State of Apple for the purpose of the construction of dam had floated global tenders
and one of the companies, Good Industries Ltd. has been given a contract to construct a dam.

Good Industries Ltd. for the purpose of construction of dam had applied for environment clearance to the Ministry
of Environment and Forest for the purpose. Environment clearance has been given to the company on the ground
that the Government has an authority to do so in larger public interest. The agriculturists in the village are also not
in favor of the construction of the dam. Since they would be displaced from the land where the dam is to be
constructed and would be deprieved of their livelihood. Doodh Sagar is NGO which for the protection of
environment Violet. Doodh Sagar which is fighting for the cause of environment has appealed to the government
not to proceed with the construction of the dam since it would lead to an environmental imbalance in the State.
However, the State of Apple is determined to proceed with the construction of dam in public interest. Doodh Sagar
has therefore filed a petition IN the High Court of Apple on the ground that the Environment Certificate Granted is
bad in letter and spirit of the Constitution and against the national interest. Doodh Sagar has also taken the cause
of the agriculture who are likely to be displaced and has submitted that the construction of the said dam is in
violation of Article 21 of the Constitution of Violet. The matter is now placed for final hearing.
ISSUE -I

THE PUBLIC INTEREST LITIGATION FILED BY ALERT INDIVA UNDER ARTICLE 226 OF THE CONSTITUION OF INDIVA IS NOT
MAINTAINABLE.

According to the facts of the case the State of BRAHMA is one of the States in Indiva. State is facing an acute scarcity of water &
the state is near to drought. So,in order to conquer the situation, the state of BRAMHA has taken a policy decision to construct
dams in the State so that the rainy water could be accumulated in the dams which would help in meeting the growing needs of
water for the purpose of drinking, agriculture & also for the industries. The Govt.is also of the opinion that the accumulation
water in the dams would help in recouping the underground water level in the state.

Reliable Industries Ltd. has been given a contract to construct a dam. The reliable industries Ltd. for the purpose of construction
of the dam had applied for environment clearance to the Ministry of Environment & Forest for the purpose. Environment
clearance certificate has been given to the company on the ground that the Govt. has an authority to do so in larger public
interest.

Public interest means a subject matter in which the rights of the public or a section of the public is interested7or the means of
concern which is advantageous to people as a whole

'Interest of general public' is a comprehensive expression intended to achieve the socio-economic justice for people by the
State. Social justice is the recognition of greater good to larger number without deprivation of accrual of legal rights of anybody
which are considered to be their fundamental rights, and the Government while exercising its power and by subscribing to the
concept of 'social justice' and 'economic justice' enshrined in the preamble might detract from some technical rule in favour of
a party , in order to do greater good to a larger number so as to act in consonance with the principles of equality and public
trust.

Further, the principle of "common good" depends on the economic and political philosophy of the government.

From the facts of the case itself it is clearly stated that Environment clearance has been given to the company on the ground
that the Govt. has an authority to do so in larger public interest and after considering the social and economic welfare of the
state therefore the PIL filed by Alert Indiva is not maintainable.

There is an onerous duty lies upon the State under the concept of 'sustainable development' recognized as a fundamental right
under Article 21 to keep in mind the "principle of proportionality" so as to ensure protection of environment on one hand19
and to undertake necessary development measures on the other hand, since the economic development cannot be allowed to
take place at the cost of ecology but the necessity to preserve ecology and environment should not hamper economic and
other developments, which includes generation of revenue and public interest.

The doctrine of public necessity is derived from the maxim salus populi suprema lex that is the welfare of the people is of
paramount importance. To achieve the public good, the property, liberty and life of an individual can be placed in jeopardy in
the case of existing, immediate and overwhelming necessity.

In the present case, there has been no violation of Article 21 of the Constitution. To establish the violation Article 21, the act
should be subjected to the equality test of
Article 14 and test of reasonableness under Article 19. Article 14 ensures fairness and guarantees against arbitrariness. It
provides that every action of the government must be informed by reasons and guided by public interest.

According to the National Environment Appellate Authority Act, 1997, any person who is aggrieved by the order granting
environmental clearance in the areas in which the industries, operations or processes shall or shall not be carried, can file an
appeal to the Authority within a period of 30 days from the date of order. The authority can hear appeal beyond this period if
there is sufficient cause for delay. The appeal has to be disposed of within 90 days from the date of filing appeal. This can be
extended to a further period of 30 days.

Hence the existence of alternative remedies is a thing taken into consideration in the matter governing writ. Where statutory
remedies are available or where a statutory tribunal has been set up, a petition under Article 226 is not a proper remedy unless
the remedies are ill-suited, to meet the demand of an extraordinary situation.
According to the facts of the present case, any person aggrieved could have filed an appeal to the National Environment
Appellate Authority against the environment Clearance certificate granted by the Ministry of Environment and Forest. Hence, in
light of the alternative remedy under the statute the Hon’ble HC should not exercise its discretionary power under Article 226.

Therefore, the counsel humbly submits that in the instant case, the construction of dams was a matter of urgent necessity and
national interest, so as to meeting the growing needs of water for the purpose of drinking, agriculture & also for the industries
and thereby to protect the life of people. Therefore, by constructing dam
the State was performing its duty to safeguard the wellbeing of the people, keeping in mind that the needs of environment
need to be balanced with the needs of community at large in a developing country. Hence the PIL filed by Alert Indiva an NGO
for the protection of environment is without substance and is an abuse of the process of law therefore not maintainable before
the honourable High Court of BRAHMA.

ISSUE 2

WHETHER THE DISPLACEMENT OF THE AGRICULTURIST FROM THE AREA WHWRE THE PROPOSED DAM IS TO BE CONSTRUCTED
AMOUNTS TO VIOLATION OF ARTICLE 21 AND 300A OF THE CONSTITUYION OF INDIVA.

The displacement of the agriculturalist from the area where the proposed dam is to be constructed would not per se result in
the violation of their fundamental or other rights. The emerging situation is one where private interest is pitted against the
public interest.

Article 21 of The Constitution

Procedure Established by Law

So, if Parliament passes a law which is not violative of article 13 then the life or personal liberty of a person can be taken off
according to the provisions and procedures of that law.
Procedure established by law means a law duly enacted which is not in violation of the constitution is valid even if it deprives
citizens principles of justice and equity.

Procedure established for acquisition of land for the construction of dams under the
Land Acquisition Act, 1894 are :

The first condition for acquisition of land for Dam is public necessity. If the acquisition of property including agricultural land, it
can be acquired even though Article.300A and Article.21 are available to protect the agriculturist, if the acquisition is for a
public necessity. Here the acquisition of property is for construction of a Dam. So a large and prominent public interest is there
in the construction of dam. So in connection with public necessity agricultural land of the agriculturalist can be acquired
without infringing the Article.300A and Article.21 of the Indian Constitution.

Legally ascertained. Even though there is public necessity, the public necessity may be ascertained legally. So only by following
proper legal procedures the right to property of the agriculturalist can be infringed even though there is proportion of
Article.300A and Article.21 for public necessity.

The next procedure for acquiring a land is that it should be legally ascertained ,In the present scenario the town of indiva faces
acute droughts and has a very extreme case of water shortage ,thus the construction of a dam is evident and legally
enforceable as the construction would pave the way to a stable water sources and will decrease and vanquish water shortage
thus the construction of dam is done in public intrest and thus it does not violate article 300 a and article 21

Obvious requirement is also a condition for the acquisition of agricultural land. Acquisition of agricultural land for Construction
of the Dam can be possible only if prior indemnity for the agricultural land to be acquired is duly paid to the
agriculturalist.
Article 300A of Indian Constitution Right to property is not a Fundamental Right. Right to property is no longer a fundamental
right, rather it is a constitutional Right and now exists in Article 300A.
Article 300A states that No person shall be deprived of his property save by the authority of law.
CIVIL MOOT COURT PROBLEM –

1. Sidd Malhar, a sixteen-year prodigy, citizen of Indiana was the recipient of the "Sensational
Voice of the Nation" award. He was an astounding singer, extremely talented not only in Rap,
Rock, Hip-Hop and Jazz but also in Classical and Folk. He wanted to develop his musical career by
releasing fusion albums combining different genres and by engaging himself on world music
tours. So, he wanted a multi-purpose, ultra-modern architectural marvel where he could have
his recording studio, theatre - for live musical performances and a roof top pool for hosting
parties. He misrepresented himself as a major and put the task out to tender.

2. M/s. Senghal & Senghal was a leading building constructor and infrastructure provider. They
offered to do the entire work for Rs.10,00,000/-. Both the parties knew that this was an
unrealistically low-price contract and the amount will be paid in installments in order of the
completion of different phases of the assigned work.

3. Sidd accepted their offer and entered into a contract for construction of the multi-purpose
building and for providing all amenities therein. According to the contract, the ground floor was
for parking, the first floor was for the music theatre, the second floor was for the recording
studio and the last floor for the roof top pool.

4. M/s. Senghal & Senghal completed the construction of the ground tio0r and first floor and ran
out of money and materials for further construction. They informed Sidd that they could not
complete the construction unless further capital was made available to them.

5. Sidd had arranged a poolside party to which he had invited top music directors, producers and
other renowned individuals in the music industry whom he believed would fund for his dream
music albums and music tours. So he was desperate to have the construction of the roof top
pool completed as stipulated. He had requested for the continuance of the construction work
and further requested to spend the remaining amount of Rs.7.00,000/- on the work out of their
own funds and assured them that the money would be paid to them as soon as his album is
released.

6. The roof top pool was completed and the Party was a success. Sidd entered into a contract with
Veenaghaana Producers who agreed to fund for the fusion albums and world tours. Sidd told
Ms. Asha Sengnal, the Manager of M/s. Senghal & Senghal “Madam, you have saved my career.
Don't worry about Rs.7,.00.000/-," Having this as a promise, M/s. Senghal & Senghal started a
new project. However Sidd's new fusion music album was a disastrous flop. Social media
enthusiasts and meme pages massively trolled him for his raucous and bizarre fusion music. He
then found himself unable to pay the amount of Rs. 7,00,000/- to M/s senghal & Senghal.

7. Ms. Asha Senghal compelled Sidd to render a music performance in her daughter's birthday
party. Apart from relatives and friends she had also invited rich people, in order to secure
 contracts regarding building, construction etc. and in return she agreed to release Sidd from
paying the debts of Rs.7,00,000/-. Sidd agreed on this point and was ready for the music
performance in the party. He also wanted to get back his lost reputation and start his career
afresh. However before the party, he suffered from a severe sore throat due to over-repetition
of rehearsals. Then he did not perform in Ms. Asha's party on the advice of his doctor.

8. On Sidd's eighteenth birthday, both the parties, on grounds of humanity, decided to alter the
contract. Sidd acknowledged the debt taken from M/s. Senghal & Senghal for rendering past
services and further both agreed on the same point that Sidd would pay the debt through easy
monthly installments (EMIs) of Rs. 20,000/- per month till the repayment of the amount of
Rs.7,00,000/-.

9. Sidd, later on, felt that the work done by M/s. Senghal & Senghal was not performed as he had
specified. He further pointed out that the material used for constructing was substandard and
not satisfactory. He estimated that this would have cost them Rs.3,00,000/- only. He claimed
that he had paid the money already.

10. Sidd then decided to dispose off his property, without paying a single dime to M/s Senghal &
Senghal. When all this foul play came to their knowledge, they tried to restrain him by putting
enormous pressure in order to recover their money amounting to a total sum of Rs.7.00,000/-
which they spent on the construction and amenities. Even after such prolonged period and
altered mode of payment, M/s. Senghal & Senghal could not recover the debt from Sidd. As a
last resort, they sent him a legal notice, stating that the money shall be repaid within 15 days.
However, Sidd did not send any correspondence or reply to the said notice.

11. In this context. M/s. Senghal & Senghal finally decided to seek remedy from the Court of Law in
this regard. The sit was filed by M/s. Senghal & Senghal before the Civil Court of Sardam, in the
State of Indiana on the ground that they had constructed the building as per the terms of the
contract and had taken all the diligent steps to recover the loan made available to Sidd Malhar
for Rs.7.00.000/- but now he refused to pay the said amount and alleged fraud against him.
They also prayed for injunction restraining Sidd from selling the property until the suit was
disposed off.

12. The Civil Court of Sardam heard the matter and held that a minor's contract is void ab initio and
thus set Sidd free from all his liabilities towards M/s. Senghal & Senghal by upholding the
judgment passed in Mohori Bibee v. Dhamodas Ghose. The plea of restitution raised by the
Plaintiff was rejected and injunction was not granted.

13. M/s. Senghal & Senghal preferred an appeal before the High Court of Sardam. The High Court
granted injunction and decided to hear the case on merits.
CRIMINAL MOOT COURT PROBLEM –

The Democratic Republic of Samsung is situated in Asian Subcontinent, Samsung a quasi federal country
comprised of 35 states with strong central Government. The laws Samsung are in Pari-materia with the
Laws of India. Methi is among one of the develop states of Samsung. Neon and Rosy are citizen of
Samsung. They are resident of Peacock, a small town of Methi.

On dated 25th feb.2008, Neon, aged 29, S/0- Late John, R/O- 54/3-New Ext. Apartment, Peacock, and
Rosy, Aged 24 yrs, D/O- Defrado, R/O- Greater Ango Colony, Peacock, were married according to their
religious rituals. Their marital life was going smoothly, On some occasions they used to have few verbal
quarrels with each other but they reconciled soon after the verbal fight. Two years after the marriage
Rosy gave birth to a baby girl on 4 September 2010. The girl was named as Lily, After few months of the
birth of Lily, Rosy observed certain changes in the behavior of Neon. Neon started behaving in a rude
way and he usually becomes violent on every petty issue without any reason. Initially Rosy did not took
the matter in a serious way but when the violent character of Neon continued Rosy took her husband
Neon to the doctor Alfered (DW1), who was a psychiatrist. The doctor advised Neon to have control
over anger and to take certain medicines. The doctor diagnosed him to be suffering from first stage of
Bipolar Mood Disorder (Bipolar disorder, also known as manic-depressive illness, is a brain disorder that
causes unusual shifts in mood, energy. activity levels, and the ability to carry out day-to-day tasks. There
are four basic types of bipolar disorder; all of them involve clear changes in mood, energy, and activity
levels).

In spite of the medical treatment the violent behavior of' Neon continued to exist. On slight issues Neon
becomes violent and he also started to fight with Rosy and he also use to beat her without any reason.
On dated 5th December 2010 at 11 am, loud noise of fighting, crying and shouting was coming from the
house of Neon. On hearing the cry Danicl (PW3) who was neighbor of Neon went in the house of Neon
and found Rosy lying unconscious on the floor pooled in blood with various injuries on her body. At that
time Daniel saw Neon hiding a 7 inch Iron Axe in the garden. Thereafter Daniel called the police and
Rosy was taken to government hospital whereby she was treated by Dr. Andrew (PW2). Neon was
arrested by police on the same day and was kept in police Custody. On 6th December, 2010 rosy
regained her consciousness and her statement was recorded by Jaison (PW1) SHO of peacock police
station. In her statement she told to the police that on 5th December at 10 am Neon came home and
started fighting with her in a violent way and when she resisted Neon attacked him with axe kept in the
garden. On 8th December rosy died because of the injury in her lower abdomen which proved fatal. Lily
the daughter of Neon was sent to government child care center.

On the basis of the statement of Daniel and the dying declaration of Rosy FIR was Lodged against Neon
vide. 733/2010 in Peacock police station. Neon was prosecuted under Section 302 of IPC for the murder
of Rosy. During interrogation Neon stated that he was unconscious at the time when Rosy was attacked.
He told to police that when he regained his consciousness he found Rosy lying on the floor and axe in his
hand. He told to the police that he did not know from where the axe came and he also stated that he did
not know how Rosy died.
Final Report was submitted on 3 Feb, 2011 in which Neon was charged for murder of Rosy under Section
302 of IPC. The case (State of Methi vs. Neon) was tried by the Session Court vide Session Trial No-
57/2011.

The prosecution examined the material witnesses in the court as under:

Prosecution Witness 1 (PW1)- Jaison, SHO, Peacock Police Station and Investigating Officer of the case
deposed before the Court that the deceased Rosy in her dying declaration blamed Accused Neon for the
attack over her. PW1 also deposed before the Court that the axe used for attack was recovered from the
garden of Neon on which there was finger print of Neon as per forensic report.

Prosecution Witness 2 (PW2)- Dr. Andrew who treated the deceased deposed before the Court that the
cause of death was due attack of the axe and the injury on abdomen proved to be fatal. He also deposed
that Rosy was in a mentally fit condition at the time of making dying declaration.

Prosecution Witness 3(PW3)- Daniel who was neighbor of Neon and informant of the case in FIR
deposed that he saw the unconscious body of Rosy on the floor and Neon trying to hide the axe in the
garden.

The accused Neon took the plea that he was suffering from bipolar mood disorder and for which he was
being treated. He also started that at the time when Deceased Rosy was attacked he was suffering from
the disorder and he was out of his conscience and he did not knew the nature of the act and therefore
he could not be made liable by virtue of section 84 of IPC on ground of insanity.

The defence examined the material witness in the court as under :

Defense Witness (DWI)- Dr. Alfered who was treating accused Neon tor Bipolar mood Disorder stated
before the Court that accused Neon was suffering from Bipolar Mood Disorder and the disorder was
sufficient to enable a person to do any violent act under its influence.

Defence Witness 2 (DW2)- Mathew brother of Neon who stated before the Court that on Various
Occasions Neon was very much aggressive and violent even for slight reasons.

On 3 September 2014 Neon was found guilty of intentional murder of Rosy and convicted under Section
302 IPC and sentenced to 10 years Rigorous Imprisonment.

The accused feeling aggrieved by the said judgment preferred an appeal before the High Court of Methi
on dated 9 October 2014 vide Criminal Appeal No. 875/2014. The High Court relying on the version of
the doctor treating the accused for Bipolar Mood Disorder found that the accused at the time of
committing crime was suffering from both legal and medical insanity and accordingly the Court
acquitted the accused from the charge of murder on dated 5th September 2022.

State of Methi preferred an appeal before the Supreme Court of Samsung against the order of acquittal
by the High Court of Methi on 17th of November 2022.
The case of State of Methi vs. Neon is listed before the Divisional Bench of Supreme Court of Samsung
for final hearing.