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  • BMSREENIVASAIAHMEMORIAL2ndNATIONALMOOTCOURTCOMPETITION2016

    WRITTEN SUBMISSION ON BEHALF OF THE PETITIONER

    T 14

    BEFORE THE HONBLE SUPREME COURT OF KANO

    STATE OF KARAK....PETITIONER

    VERSUS

    STATE OF MANDEVILLERESPONDENT

    PETITION FILED UNDER ARTICLE 131 OF THE CONSTITUTION OF KANO

    The Hon'ble Constitutional Bench of the Supreme Court

    The humble submission of the petitioner above named

    Sd/- (Signature) Sd/- (Signature)

    Counsel for the Petitioner Petitioner

    To,

  • BMSREENIVASAIAHMEMORIAL2ndNATIONALMOOTCOURTCOMPETITION2016 Page i

    WRITTEN SUBMISSION ON BEHALF OF THE PETITIONER

    TABLE OF CONTENTS

    Sl. No. Particulars Page No.

    1. LIST OF ABBREVIATIONS ii

    2. INDEX OF AUTHORITIES

    Books referred Dictionaries and Law Lexicons Statutes and Rules referred Websites referred Table of cases

    iii - v

    3. STATEMENT OF JURISDICTION vi

    4. STATEMENT OF FACTS vii

    5. STATEMENT OF ISSUES viii

    6. SUMMARY OF ARGUMENTS ix

    7. ARGUMENTS ADVANCED 1 16

    8. PRAYER 17

  • BMSREENIVASAIAHMEMORIAL2ndNATIONALMOOTCOURTCOMPETITION2016 Page ii

    WRITTEN SUBMISSION ON BEHALF OF THE PETITIONER

    LIST OF ABBREVIATIONS

    1. AIR : All India Reporter

    2. Art. : Article

    3. Edn. : Edition

    4. e.g : Example

    5. EIA : Environmental Impact Assessment

    6. Honble : Honorable

    7. i.e. : That is

    8. MoEF : Ministry of Environment and Forest

    9. SC : Supreme Court

    10. SCC : Supreme Court Cases

    11. SCR : Supreme Court Report

    12. Vol. : Volume

    13. Vs. : Verses

  • BMSREENIVASAIAHMEMORIAL2ndNATIONALMOOTCOURTCOMPETITION2016 Page iii

    WRITTEN SUBMISSION ON BEHALF OF THE PETITIONER

    INDEX OF AUTHORITIES

    BOOKS REFERRED

    i. D D BASU: CONSTITUTION OF INDIA, LEXIS NEXIS, NAGPUR, 14TH

    EDN.(2009)

    ii. D D BASU: COMMENTARY ON THE CONSTITUTION OF INDIA, LEXIS

    NEXIS, NAGPUR, VOL.4, 8TH EDN. (2008)

    iii. D.J.DE, THE CONSTITUTION OF INDIA, ASIA LAW HOUSE, HYDERABAD,

    VOL. 2, 2002 EDN.

    iv. Dr. L.M.SHINGHVI, CONSTITUTION OF INDIA, THOMSON REUTERS,

    NEW DELHI, VOL.2, 3RD EDN., 2013

    v. Dr. SUBHASH C. KASHYAP, CONSTITUTIONAL LAW OF INDIA,

    UNIVERSAL LAW PUBLISHING CO., DELHI,VOL.1, 2008 EDN.

    vi. H. M. SEERVAI: CONSTITUTIONAL LAW OF INDIA, N. M. TRIPATHI PVT

    LTD, BOMBAY, 3RD EDITION.

    vii. JAIN, M.P.: INDIAN CONSTITUTIONAL LAW, WADHWA AND

    COMPANY,NAGPUR, 5TH EDN. (REP.2005)

    viii. P. ISHWAR BHAT: INTER-STATE AND INTERNATIONAL WATER

    DISPUTE, EASTERN BOOK COMPANY (P) LTD, LUCKNOW, 1ST EDITION.

    ix. PROF. PRASAD DIWAN: ENVIRONMENT ADMNISTRATION, DEEP &

    DEEP PUBLICATION, NEW DELHI.

    x. S. C. SHASTRI: ENVIRONMENTAL LAW, EASTERN BOOK COMPANY (P)

    LTD, LUCKNOW, 3RD EDITION.

    xi. SUSAN WOLF & ANNA WHITE: PRINCIPLES OF ENVIRONMENTAL LAW,

    CAVENDISH PUBLISHING LTD, GREAT BRITAIN, 2ND EDITION.

    xii. VIDYANATH: WATER RESOURCES OF INDIA, OXFORD UNIVERSITY

    PRESS, NEW DELHI, 1ST EDITION.

    xiii. V. R. KRISHNA IYER: ENVIRONMENTAL PROTECTION AND LEGAL

    DEFENCE, STERLING PUBLISHERS PVT LTD

  • BMSREENIVASAIAHMEMORIAL2ndNATIONALMOOTCOURTCOMPETITION2016 Page iv

    WRITTEN SUBMISSION ON BEHALF OF THE PETITIONER

    DICTONARIES AND LAW LEXICONS

    1. BLACK HENRY CAMPBELL, BLACK ' LAW DICTIONARY 6TH ED., 1990

    2. BURTON WILLIAM C, LEGAL THESAURUS, 2ND ED., 1992

    3. GARNER BRYAN, BLACK ' LAW DICTIONARY, 7TH ED

    4. GARNER BRYAN, MODERN LEGAL USAGE, 1991

    5. PRAMANATHA'S AIYER'S , "LAW LEXION", 2ND ED., 1997

    6. THE OXFORD ADVANCED LEARNER DICTIONARY, 6TH ED. 2003

    7. WHARTON, LAW LEXICON, 14TH ED. 1993

    STATUTES, CONVENTIONS AND RULES REFERRED

    THE CONSTITUTION OF INDIA, 1950 THE ENVIRONMENTAL (PROTECTION) ACT, 1986 INTER STATE WATER DISPUTES ACT, 1956 CONVENTION ON THE LAW OF THE NON-NAVIGATIONAL USES OF

    INTERNATIONAL WATER COURSES,1997

    THE INDUS WATER TREATY, 1960 NATIONAL WATER POLICY, 2012

    LIST OF WEBSITES REFERRED

    http://www.indiankanoon.org http://www.manupatra.com http://www.legalpundits.com http://www.lexisite.com http://www.judisnic.in http://www.lawteacher.net http://www.legalindia.in http://www.wrmin.gov.nic.in http://www.enfor.gov.in

  • BMSREENIVASAIAHMEMORIAL2ndNATIONALMOOTCOURTCOMPETITION2016 Page v

    WRITTEN SUBMISSION ON BEHALF OF THE PETITIONER

    TABLE OF CASES

    A.D.M. v. ShivakantShukla (1976) 2 SCC 521 : AIR 1976 SC 1207; B.D.Sharma v. Union of India 1992 Supp. (3) SCC 93 Chameli Singh v. State of U.P., (1996) 2 SCC 549 Delhi Water Supply & Sewage Disposal Undertaking v. State of Haryana Gramophone Co. of India Ltd. v. BirendraBahadurPandey, (1984) 2 SCC 534 State of Haryana v. State of Punjab, A.I.R. 2002 SC 685 Jolly George Varghese v. Bank of Cochin, (1980) 2 SCC 360: AIR 1980 SC 470 Madhu Kishore v. State of Bihar, 1996 (5) SCC 125 M.C.Mehta (Badkhal and Surajkund Lakes Matter) v. Union of India, (1997) 3 SCC

    715

    M.C.Mehta v. Union of India, (1987) 4 SCC 463 M.C.Mehta v. Union of India, 1988 SCR (2) 530 (1987) Narmada BachaoAndolan v. Union of India, (2000) 10 SCC 664 N.D.Jayal v. Union of India (2004) 9 SCC 362; AIR 2004 SC 867 Networking of Rivers, re (2012) 4 SCC 51 Rural Litigation and Entitlement Kendra v. State of U.P., 1986 Supp SCC 517; Samata v. State of Andhra Pradesh, AIR 1997 (8) SC 3297; State of Andhra Pradesh v. State of Maharashtra &Ors State of Bihar v. Union of India A.I.R 1970 S.C. 1446 Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715

  • BMSREENIVASAIAHMEMORIAL2ndNATIONALMOOTCOURTCOMPETITION2016 Page vi

    WRITTEN SUBMISSION ON BEHALF OF THE PETITIONER

    STATEMENT OF JURISDICTION

    This petition has been filed invoking jurisdiction of the Supreme Court under Article 131 of

    the Indian Constitution.

    Whereas Article 131 reads as under:

    131. Original jurisdiction of the Supreme Court Subject to the provisions of this Constitution,

    the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any

    dispute

    a) between the Government of India and one or more States; or

    b) between the Government of India and any State or States on one side and one or more

    other States on the other; or

    c) between two or more States, if and in so far as the dispute involves any question

    (whether of law or fact) on which the existence or extent of a legal right depends:

    Provided that the said jurisdiction shall not extend to a dispute arising out of any

    treaty, agreement, covenant, engagements, and or other similar instrument which,

    having been entered into or executed before the commencement of this Constitution,

    continues in operation after such commencement, or which provides that the said

    jurisdiction shall not extend to such a dispute.

  • BMSREENIVASAIAHMEMORIAL2ndNATIONALMOOTCOURTCOMPETITION2016 Page vii

    WRITTEN SUBMISSION ON BEHALF OF THE PETITIONER

    STATEMENT OF FACTS

    1. Union of Kano is a democratic republic with 29 states. It is rich in non-renewable and

    renewable resources. Kano which is headed by the Nudi Adami Party has always

    supported the use of renewable energy which has been made as a national policy. East

    zone of Kano is blessed with favorable ecosystem, helpful for agricultural purposes.

    State of Karak and Mandeville are two neighboring states in east zone.

    2. The State of Mandeville is excessively dependent on tourism and nature. The two States

    had stressed relation pertaining to distribution of inter-state river Aishani which takes

    birth in State of Karak and travels 800 km to the Great Kano Sea.

    3. The two State Governments entered into agreement which proposed the construction of

    a dam named AISHANI JAL for the purpose of providing water to the drought prone

    areas in the State of Karak in the year 1970. New regional political party by name

    Mandi Adami Party, displaced Kano Admi Party in State of Mandeville in the year

    1985 and even contested in the State of Karak. Due to ideological differences between

    the two parties, the JAL project was completely stalled.

    4. The western part of Karak was hit by a severe drought which led to agitation and bundh

    and a complete halt of the economy, affecting the State's revenue. This lead to change

    of Government in the State of Karak and NAP came to power in the State of Karak. The

    State of Karak proposed that there is need of 7.5 TMC of water to solve the issues in

    western Karak, which was not agreed to on environmental grounds by the State of

    Mandeville. State of Mandeville, approached the Union of Kano and a Water Tribunal

    was set to solve the issue.

    5. The Government of Karak, approached the Union Government for clearance for

    AishaniJal project. The National Environment Engineering Institute and Ministry of

    Water Resources gave in principle clearance.

    6. The State of Mandeville approached the Water Tribunal seeking for a stay on the

    clearance given and sought an injunction against construction of the Jal Project as the

    same was affecting the flora and fauna. The tribunal was not convinced with this line of

    argument and thus did not entertain the application and rejected the same. Aggrieved by