Roll No.

2015103 & 2015133

DAMODARAM SANJIVAYYA ENVIRONMENT LAW MOOT

BEFORE

THE HONOURABLE SUPREME COURT OF URI

(Under Article/ Section of 32 of Constitution of India)

MR. PS SHARMA PETITIONER

V.

STATE OF URIRESPONDENT

MEMORANDUM ON BEHALF OF THE RESPONDENT

- MEMORANDUM on behalf of RESPONDENT -

I
 TABLE OF CONTENTS

1. Index of Authorities

i. List of Abbreviation
ii. Table of Cases
iii. Statutes...
iv. Books and Articles

2. Statement of Jurisdiction

3. Statement of Facts

4. Statement of Issues..

5. Summary of Arguments..

6. Arguments Advanced..

7. Prayer

- MEMORANDUM on behalf of RESPONDENT -

II
 INDEX OF ABBREVIATIONS
& And

Section

Sections

A.C. Appellate Cases

A.P. Andhra Pradesh

Air All India Reporter

Anr. Another

Art. Article

Bih. Bihar

Bom. Bombay

Cl. Clause

Co. Company

Del. Delhi

E.G Exempli Gratia

H.C High Court

Itc Input Tax Credit

Ker. Kerela

Kar. Karnataka

Mad. Madras

No. Number

- MEMORANDUM on behalf of RESPONDENT -

III
Orr. Odisha

Ors. Others

Para. Paragraph

Pat. Patna

Sales Tax Local Sales Tax

Sc Supreme Court

Scc Supreme Court Cases

U.P Uttar Pradesh

VAT Value Added Tax

V Versus

Vol. Volume

- MEMORANDUM on behalf of RESPONDENT -

IV
 INDEX OF AUTHORITIES

LIST OF BOOKS

1. ENVIRONMENTAL AND POLLUTION LAWS IN INDIA, JUS. T S DOABIA,

(2nd ed., Lexis Nexis)
2. ENCYCLOPEDIA ON ENVIRONMENT PROTECTION AND POLLUTION
LAWS, LALS, (5th ed., Delhi Law House)
3. ENVIRONMENT POLLUTION AND PROTECION, DR. N. MAHESHWARA
SWAMY, (5th ed., Thomson Reuters)

DICTIONARIES

1. MICK WOODLEY, OSBORNS CONCISE LAW DICTIONARY, (11th ed., Thompson

Reuters, (Legal) Ltd., London, 2011)
2. BRAYAN A. GARNER, A DICTIONARY OF MODERN LEGAL USAGE, (2nd ed., Oxford
University Press, New York, 1995)
3. BRAYAN A. GARNER, BLACKS LAW DICTIONARY (9th ed., Thompson Reuters, 2009)

-MEMORANDUM for THE RESPONDENT-

 LIST OF ARTICLES

1. Plans For New Reactors Worldwide, World Nuclear Association

2. Key World Energy Statistics 2012" (PDF). International Energy Agency. 2012.
3. Can the worlds biggest electricity company restart Indias nuclear power
programme?
4. Thorium Reactors Integral To Indian Energy Independence" The Energy Daily. 8
May 2007.

WEBSITES REFERRED

1. Manupatra Online Resources, http://www.manupatra.com.

2. Lexis Nexis Academica, http://www.lexisnexis.com/academica.

3. Lexis Nexis Legal, http://www.lexisnexis.com/in/legal.

4. SCC Online, http://www.scconline.co.in.

5. Oxford Dictionary, http://www.oxforddictionaries.com

6. Westlaw India, http://www.westlawindia.com

7. EBSCOhost, http://web.ebscohost.com

-MEMORANDUM for THE RESPONDENT-

 LIST OF CASES
1. G.Sundarrajan vs Union Of India & Ors (2013) 6 SCC 620
2. Vacher & Sons v. London Society of Compositors (1913)AC107(118)
3. Tirupur Dyeing Factory Owners Association v. Noyyal River Ayacutdars
Protection Association and others (2009) 9 SCC 737
4. T.N. Godavarman Thirumalpad v. Union of India and others (2002) 10 SCC
606
5. Narmada Bachao Andolan v. Union of India and others (2000) 10 SCC 664
6. Harish Chander and others v Hindustan Petroleum Corporation Limited and
others 2015 Indlaw DEL 273
7. Orissa Mining Corporation Limited v Ministry of Environment and Forest and
others 2013 Indlaw SC 255

-MEMORANDUM for THE RESPONDENT-

 STATEMENT OF JURISDICTION

The Respondent humbly submits this memorandum in response to Writ Petition filed before
this Honourable Court under Article 32 of Constitution of Uri, 19501.

1
32. Remedies for enforcement of rights conferred by this Part
(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights
conferred by this Part is guaranteed
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of
habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the
enforcement of any of the rights conferred by this Part
(3) Without prejudice to the powers conferred on the Supreme Court by clause ( 1 ) and ( 2 ), Parliament may
by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers
exercisable by the Supreme Court under clause ( 2 )
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this
Constitution
-MEMORANDUM for THE RESPONDENT-
 STATEMENT OF FACTS

The government of URI considering the nuclear energy to be clean and clear planned to
make the same as the alternative to fossil fuel energy sources which emit harmful
greenhouse gases emissions which are in turn harming the environment. One of the
provincial governments of Uri, Government of Ratnachal Pradesh came with a proposal to
setup a 6660MW nuclear power plant at Vanasthalam. The federal government of Uri
welcomed the initiative taken by the provincial government.

Vanasthalam is a very calm village of the north coastal district of Periapalem of that
province. The plant required 775 hectares of the land and 125 hectares for the township
around the plant siteCrops like paddy, coconut, banana, and corn are grown within these
agricultural lands. Fishing is also a major profession in those villages as there is a tributary
of river Vegavathi flows through Vanasthalam. Concluding, the second biggest and densely
populated district of the Ratnachal state fell in the emergency planning zone. The evacuation
of this big populace would be hectic task and is almost next to impossible for the state if an
accident occurs.

The state government carried on with the process of acquisition of land from 2010. The state
granted over 1432 acres of the government land at proposed project to National Power
Corporation of Uri Ltd (NPUCL) and also 1200crores rupees were allotted for relief of the
villagers by GO Ms. No. 132/2012.

In the year 2015 NPCUL entered into an memorandum of association with the Westing
house electric company, a us based nuclear power company to build six 1110MW AP1000
third generation PWRs at Vanasthalam. Mr. PS Sharma, a former Energy Secretary and an
environmentalist moved the Supreme Court under Article 32 of the Constitution of Uri
against the Ministry of Environment, Forest and Climate Change (MOEF & CC), the Atomic
Energy Regulatory Board (AERB), Nuclear Power Corporation of Uri Limited (NPCUL),
the State of Ratnachal Pradesh, the Ratnachal Pradesh Pollution Control Board and
Westinghouse Electric Company.

-MEMORANDUM for THE RESPONDENT-

 ARGUMENTS ADVANCED

1. IT IS DUTY OF STATE REGULATE POLLUTION AND

MAINTAIN SUSTAINABLE DEVELOPMENT.

It is widely accepted that the right to life under Art. 21 also embraces the right to live in a
wholesome, pollution-free environment.2 This has to be read in conjunction with Art. 48A
and Art. 51A (g) that imposes a duty on the State to preserve and improve the environment.3
Further, this is in line with India's international obligations.4
The Apex Court in the case of K. Guruprasad Rao v. State of Karnataka5 in paragraph 95
held as under:

95. The argument of learned counsel for the State and the private respondents that ban on
mining operations/activities in the Core Zone would adversely impact iron ore supply and
will also cause financial loss to the leaseholders as well as the State appears quite attractive
but, keeping in view larger public interest and the interest of future generations, we do not
think that this would be a very heavy price to be paid by some individuals and the State. This
Court has often used the principle of sustainable development to balance the requirement of
development and environmental protection and issued several directions for protection of
natural resources including air, water, forest, flora and fauna as also wildlife. The Court
has also recognized that the right to development includes the whole spectrum of civil,
cultural, economic, political and social process, for the improvement of peoples well-being
and realization of their full potential.

Similarly, in the case of Sterlite Industries (India) Ltd. v. Union of India6 reported in
paragraphs 18 held as under:
18. Mr. Prakash next submitted that the main ground that was taken in the writ petitions
before the High Court by National Trust For Clean Environment was that the Ministry of
Environment and Forests, Government of India, and the TNPCB had not applied their mind

2
Subhash Kumar v. State of Bihar, 1991 AIR 420; M.C. Mehta v. Union of India, (1998) 9 SCC 589; Virender
Gaur V. State of Haryana, (1995) 2 SCC 577.
3
Constitution of India Art. 48A (1950); Constitution of India Art. 51A(g) (1950); M.C. Mehta v. Union of
India, (1998) 9 SCC 589.
4
Rio Declaration on Environment and Development (1992).
5
K. Guruprasad Rao v. State of Karnataka (2013) 8 SCC 418
6
Sterlite Industries (India) Ltd. v. Union of India (2013) 4 SCC 575
-MEMORANDUM for THE RESPONDENT-
to the nature of the industry as well as the pollution fall out of the industry of the appellants
and the capacity of the unit of the appellants to handle the waste without causing adverse
impact on the environment as well as on the people living in the vicinity of the plant. He
submitted that this Court has already held that a right to clean environment is part of the
right to life guaranteed under Article 21 of the Constitution and has explained the
precautionary principle and the principle of sustainable development in Vellore Citizens
Welfare Forum v. Union of India, (1996)7, Tirupur Dyeing Factory Owners' Association
v. Noyyal River Ayacutdars Protection Association, (2009)8 and M.C Mehta v. Union of
India9,

2. DOES NOT VIOLATE RIGHT TO LIFE:

Supreme Court in Chameli Singh and others v. State of U.P.10, held that an organized society right
to live as a human being is not ensured by meeting only the animal needs of man, but secured only
when he is assured of all facilities to develop himself and is freed from restrictions which inhibit his
growth. Right to shelter includes adequate living space, safe and decent structure, clean and decent
surroundings, sufficient light, pure air and water, electricity, sanitation and civil amenities like road
etc. so as to have easy access to his daily avocation.

Nuclear power plant is being established not to negate right to life but to protect the right to life
guaranteed under Article 21 of the Constitution.

The petitioners contention that the establishment of nuclear power plant at Vanasthalam will make
an inroad into the right to live guaranteed under Article 21 of the Constitution, is therefore has no
basis. On the other hand it will only protect the right to life guaranteed under Article 21 of the
Constitution for achieving a larger public interest and will also achieve the object and purpose of
Atomic Energy Act.

3. THERE IS NEED TO DEVELOPING NUCLEAR ENERGY IN INDIA

Environmental impact on setting up of a nuclear plant anywhere in the world is bound to

generate some apprehension, at least in the minds of the ordinary people, of its possible

7
Vellore Citizens Welfare Forum v. Union of India, (1996) 5 SCC 647
8
Tirupur Dyeing Factory Owners' Association v. Noyyal River Ayacutdars Protection Association, (2009) 9
SCC 737
9
M.C Mehta v. Union of India, (2009) 6 SCC 142.
10
(1996) 2 SCC 549
-MEMORANDUM for THE RESPONDENT-
impact on environment, life and property, flora and fauna, marine life, radiation, nuclear
waste and its disposal and other related issues.

Royal Commission on Environmental Pollution, Sixth Report, Nuclear Power and the
Environment. There are few subjects in the field of environmental pollution to which people react so
emotionally as they do to radioactivity. (Cmnd 6618 1976 para 5)

Public opinion, national policy, economic growth, sustainable development, energy security are all
intrinsically interlinked. One cannot be divorced from other, all the same, a balance has to be struck.
National policy of this country, as already stated, is that atomic energy has a unique position in the
emerging economics in India. Nuclear energy is, therefore, considered to be a viable source of energy
and it is necessary to increase countrys economic growth. Nuclear energy is now considered in India
as a sustainable source of energy and India cannot afford to be a nuclear isolated nation, when most
of the developed countries consider it as a major source of energy for their economic growth.11

In the report prepared by an independent commission at the request of the IAEA in May 2008
highlights, it was noticed that energy prices are increasing, a broader reliance on nuclear energy
whose prices are much less dependent on its fuel costs conceivably could help to ameliorate those
tensions and risks. The report highlights that the world still dependent on burning coal, oil and
natural gas for 80% of its energy supply surging energy use causes surging emissions of greenhouse
gases disrupting the climate with potentially catastrophic results. Nuclear energy, it is stated, is a
readily expandable source of low-carbon baseload electricity and in the future might also help to
meet other energy needs such as hydrogen production and water desalination12.

Economic Benefits:

Nuclear energy assumes as an important element in Indias energy mix for sustaining economic
growth of natural and domestic use which in future has to replace a significant part of fossil fuel like
coal, oil, gas etc. Electricity is the heart and soul of modern life, a life meant not for the rich and
famous alone but also for the poor and down trodden. They should also have an adequate means of
livelihood, job opportunities for which we have to set up Industries and commercial undertakings in
the public as well as private sector and also have to invite foreign investment. Generation of
electricity is of extreme importance for their establishment and functioning and also for domestic

11
G.Sundarrajan vs Union Of India & Ors, (2013) 6 SCC 620.
12
Ibid.
-MEMORANDUM for THE RESPONDENT-
consumption. Power generation with the traditional means, through hydro, thermal electric project,
coal etc are not effective substitution to the power generation through Nuclear Plant. India has a
mammoth population unlike developed countries, and the consumption of electricity in domestic,
industries, agricultural sector etc. is going up day-by-day. Most of the States are in the grip of power
cut; day and night, for a number of hours, which has adverse effect on their economic and industrial
growth. To sustain rapid economic growth, it is necessary to double the supply of energy. Energy
tariff is also increasing, nuclear power in the long run will be much cheaper than other forms of
energy.

4. DUE PROCESS OF LAW WAS FOLLOWED BY MOEF&CC

BEFORE GRANTING THE ENVIRONMENT CLEARANCE
(EC)?
It is humbly submitted before this Honble Court that the due process provided by the EIA
Notification, 2006 regarding the EC was followed by the MOEF&CC and hence the EC
granted for the said VNPP is valid and not opposed to the law.

According to the Environment Impact Assessment (EIA) Notification, 2006:

Requirements of prior Environmental Clearance (EC):- The following projects or

activities shall require prior environmental clearance from the concerned regulatory
authority, which shall hereinafter referred to be as the Central Government in the Ministry of
Environment and Forests for matters falling under Category A in the Schedule and at State
level the State Environment Impact Assessment Authority (SEIAA) for matters falling under
Category B in the said Schedule, before any construction work, or preparation of land by
the project management except for securing the land, is started on the project or activity:

(i) All new projects or activities listed in the Schedule to this notification;
(ii) Expansion and modernization of existing projects or activities listed in the
Schedule to this notification with addition of capacity beyond the limits specified
for the concerned sector, that is, projects or activities which cross the threshold
limits given in the Schedule, after expansion or modernization;
(iii) Any change in product - mix in an existing manufacturing unit included in
Schedule beyond the specified range.

-MEMORANDUM for THE RESPONDENT-

Categorization of projects and activities13:-

(i) All projects and activities are broadly categorized in to two categories - Category
A and Category B, based on the spatial extent of potential impacts and potential
impacts on human health and natural and man-made resources.
(ii) All projects or activities included as Category A in the Schedule, including
expansion and modernization of existing projects or activities and change in
product mix, shall require prior environmental clearance from the Central
Government in the Ministry of Environment and Forests (MoEF) on the
recommendations of an Expert Appraisal Committee (EAC) to be constituted by
the Central Government for the purposes of this notification;

WHO PREPARES AN EIA?

Depending on the EIA system, responsibility for producing an EIA will be assigned to one
of two parties: (1) the government agency or ministry, or (2) the project proponent. If EIA
laws permit, either party may opt to hire a consultant to prepare the EIA or handle specific
portions of the EIA process, such as public participation or technical studies.

Some EIA laws recognize the inherent conflict of interest produced when a mining company
or other project proponent hires a consultant to prepare an EIA. Using a consultant carries
the risk that the document will be biased in favor of proceeding with the project. If a
consultant is hired by the mining company, conflicts may arise if the consultant believes it
will receive future work if the project is approved, or even indirect benefits from related
activities (e.g., consulting work for a port where ore will be exported). Some laws require
consultants to be registered with the government and/or professionally accredited in EIA
preparation. In some instances, a consultant may be required to file a statement disclosing
any financial or other interest in the outcome of the project.14

STAGES OF THE EIA PROCESS

13
Environment Impact Assessment (EIA) Notification, 2006, Ministry of Environment and Forests.
14
For example, in the Rosemont Copper Project on the Coronado National Forest in the United States, the U.S.
Forest Service prepared a statement outlining its rationale for selecting a particular contractor to prepare an
environmental impact statement (EIS) for the project. The agency and the mining company also executed a
memorandum of understanding that defined each partys respective role in preparing the EIS.
-MEMORANDUM for THE RESPONDENT-
The EIA process, while not uniform from country to country, generally consists of a set of
procedural steps culminating in a written impact assessment report that will inform the
decision-maker whether to approve or reject a proposed project.

Identifying and Defining the Project or Activity: Although this step may seem relatively
simple, defining a project for the purposes of an EIA can become complex and even
controversial if a mining project is large, has several phases, or involves multiple sites. The
goal of this step is to define the project with enough specificity to accurately determine the
zone of possible impacts and to include activities that are closely connected with the
proposal so that the entire scope of environmental impacts is evaluated.

Scoping: Scoping is a stage, usually involving the public and other interested parties, that
identifies the key environmental issues that should be addressed in an EIA. This step
provides one of the first opportunities for members of the public or NGOs to learn about a
proposed project and to voice their opinions. Scoping may also reveal similar or connected
activities that may be occurring in the vicinity of a project, or identify problems that need to
be mitigated or that may cause the project to be cancelled.

Preparing Terms of Reference: The Terms of Reference serve as a roadmap for EIA
preparation and should ideally encompass the issues and impacts that have been identified
during the scoping process. A draft Terms of Reference may be made available for public
review and comment. Public review at this early stage of the process provides a key
opportunity to ensure that the EIA is properly framed and will address issues of community
concern.

GENERALLY THE TERMS OF REFERENCE15 WILL INCLUDE THE

FOLLOWING:

- A description of the project

- A list of the agencies or ministries responsible for overseeing the EIA process and making
decisions

- The geographic area to be studied (also called the impact zone)

- EIA requirements in applicable laws or regulations

15
As per Annexure to the Moot Problem (ToR by Ministry of Environment and Forests)
-MEMORANDUM for THE RESPONDENT-
- Impacts and issues to be studied

- Mitigation and/or monitoring systems to be designed

- Provisions for public involvement

- Key stakeholders

- Timeframe for completing the EIA process

- Expected work product and deliverables

- Budget for the EIA

Preparing Draft EIA: A draft EIA is prepared in accordance with the Terms of Reference
and/ or the range of issues identified during the scoping process. The draft EIA must also
meet the content requirements of the overarching EIA law or regulations. This step will
ideally engage a wide range of technical specialists to evaluate baseline conditions, predict
the likely impacts of the project, and design mitigation measures.

Public Participation: Best EIA practice involves and engages the public at numerous points
throughout the process with a two-way exchange of information and views. Public
participation may consist of informational meetings, public hearings, and opportunities to
provide written comments about a proposed project. However, there are no consistent rules
for public participation among current EIA systems. Even within a particular country, there
can be variations in the quality and extent of public involvement in the EIA process,
depending on the type of project being considered, the communities that may be affected, or
government agencies that are overseeing the project.

Preparing Final EIA: This step produces a final impact assessment report that addresses the
viewpoints and comments of the parties that reviewed the draft EIA. These comments may
prompt revisions or additions to the text of the draft EIA. In some cases, the final EIA will
contain an appendix summarizing all of the comments received from the public and other
interested parties and provide responses to those comments.

Decision: A decision to approve or reject a mining project is generally based on the final
EIA, but in some instances, an environmental clearance may be just one step in the mine

-MEMORANDUM for THE RESPONDENT-

permitting process. The decision may be accompanied by certain conditions that must be
fulfilled, such as posting a reclamation bond or filing an Environmental Management Plan.

Validity of Environmental Clearance: The environmental clearance granted for nuclear

power sector is valid for a period of five years. The regulatory authority concerned may
extend this validity period by a maximum period of five years16.

Post Environmental Clearance Monitoring: In case of category A projects, it shall be

mandatory for the project proponent to make public the environmental clearance granted for
their project along with the environmental conditions and safeguards at their cost by
prominently advertising it at least in two local newspapers of the district or state where the
project is located and in addition, this shall also be displayed in the project proponents
website permanently.

The Project management should submit half-yearly compliance reports in respect of the
stipulated prior environmental clearance terms and conditions on 1st June and 1st December
of each calendar year. All such reports should be public documents.

The State Government started the process of land acquisition in 2010 much before the
finalization of the project. It handed over 1432 acres of government land at proposed
project site to National Power Corporation of Uri Ltd (NPCUL) and promised to spend Rs
1200 crore for land acquisition from villagers and for their relief and rehabilitation by
issuing GO Ms. No. 132/ 2012. It convinced people who could be convinced, built up
pressure on those who were not willing, coerced those who were dead against it and acquired
1000 hectares of land at Vanasthalam in 2012.

There was stiff resistance from the villages which fell within various zones, especially after
the Fukushima nuclear disaster in 2011. The federal and state governments brushed aside the
villagers apprehensions and went ahead with their efforts. NPCUL started development of
the project site much before the initiation of the process of environment impact assessment
(EIA) was taken up by the Ratnachal Pradesh State Pollution Control Board.

16
Environmental Impact Assessment Guidance Manual for NUCLEAR POWER PLANTS, NUCLEAR FUEL
REPROCESSING PLANTS AND NUCLEAR WASTE MANAGEMENT PLANTS, Ministry of Environment
and Forests & Climate Change.
-MEMORANDUM for THE RESPONDENT-
The public hearing conducted by Ratnachal Pollution Control Board at Vanasthalam on
the EIA report submitted by NPCUL was marred by protests and police lathicharge. Several
people were injured and sedition charges were pressed against the villagers.

The Ministry of Environment, Forest and Climate Change (MOEF&CC) approved the
project brushing aside the dissent.

Since the facts of the present case are silent on certain initial steps that are required for
obtaining the Environment Clearance (EC) but it talks about the later stages of Environment
Impact Assessment (EIA) such as the acquisition of land by the State Govt., relief to the
villagers by providing them with rehabilitation, EIA process by Ratnachal Pradesh State
Pollution Control Board, ToR to be complied with, Final Draft of EIA Report, Public
Hearing on the same and lastly MoEF&CC approving the project. All of this shows that
MoEF has followed the due process of law in granting the EC to NPCUL and hence it is
valid for the project of VNPP.

5. THE IMPORTING OF NUCLEAR REACTORS, TECHNOLOGY AND

SERVICES FROM THE INTERNATIONAL NUCLEAR SERVICE
PROVIDERS ARE A FINANCIAL BURDEN OR NOT.
It is humbly submitted before this Honble Court that importing of nuclear reactors,
technology and services from the international nuclear service providers are not a financial
burden.

POWER NEEDS OF INDIA : Powering India: The Road to 2017, a report by The
McKinsey & Company's Electric Power and Natural Gas Practice study released in 2008
depicts the growing needs for power in India. The six month long study suggests that the
power demand in India is expected to cross 300 GW in the next ten year span. To satisfy the
same, India is likely to require generation capacity of 415 to 440 GW.17 The electric power

Powering India, The Road to 2017, Study conducted by McKinsey & Companys Electric Power and Natural
17

Gas practice, p. 15-16, Available at http://www.thesuniljain.com/files/thirdparty/McKinsey%20Power.pdf, as

Accessed on 19th September, 2014.
-MEMORANDUM for THE RESPONDENT-
consumption last measured in 2011 depicts it to be 684.11 kWh per capita. 18 The Wall Street
Journal in 2012 reported it to be 778.71 kilowatt hours per year.19

The mark set by the National Electricity Policy for 2012 to achieve electrical power for all
can be estimated to have missed the mark by almost 60%.20 At present, around 70 percent of
Indian power needs are taken care by coal based thermal power plants.21 In this light,
renewable source of energy like solar energy, wind energy etc. are being introduced to meet
up the demands of the population and, also to maintain the environmental balance. Nuclear
energy is another taster, though not so environment friendly. A fact in favour of the
Vanasthalam projects as the savior for all the energy deficiency problems in India, but
another argument states that if that the diversion of only two percent of the present
generation will be sufficient enough to enlighten the electrified households of India by
providing them with sustenance consumption of 30 units per month.22

The Supreme Court in Dr. Bhikaji Jagannath Waghdhare vs Union Of India through the
Department of Atomic Energy23 stated that power crisis is assuming alarming proportions in
India. In most villages and in many cities of India, load shedding has become a common
feature. Apart from causing inconvenience to people load shedding has adversely affected
the industries in the State resulting in unemployment. Power is needed in homes, schools,
colleges and hospitals. It is needed for defence purposes, for improved agricultural
techniques, for scientific research and for several projects of national importance.

Keeping in view the huge demand of electricity the counsel on behalf of the respondent
would humbly submit before this Court that the Nuclear Power Plant which is to be

18
Electric power consumption (kWh per capita) in India, Trading Economics, Available at
http://www.tradingeconomics.com/india/electric-power-consumption-kwh-per-capita-wb-data.html, Accessed
on 19th September, 2014.
19
Mishra, Sita, Introduction, A COMPREHENSIVE STUDY AND ANALYSIS OF POWER SECTOR
VALUE CHAIN IN INDIA,Management & Marketing Challenges for the Knowledge Society (2013) Vol. 8,
No. 1, p.26, Available athttp://www.managementmarketing.ro/pdf/articole/299.pdf, as Accessed on 19th
September, 2014.
20
Ibid.
21
Introduction to Electric Power Supply Systems, ELECTRICAL SYSTEM, Bureau of Energy Efficiency, p.
2, Available at http://www.beeindia.in/energy_managers_auditors/documents/guide_books/3Ch1.pdf, as
Accessed on 19th September, 2014.
22
Jhunjhunwala, Kudankulam nuclear power plant good for the rich, and Russia, not for the poor, 10
November, 2011, Nuclear News: The News That Matters about the Nuclear Industry, available at
http://nuclear-news.net/2011/11/10/kudankulam-nuclearpower-plant-good-for-the-rich-and-russia-not-for-the-
poor/,also Available at http://www.deccanherald.com/content/203681/electricity-whom.html, as Accessed on
19th September, 2014.
23

-MEMORANDUM for THE RESPONDENT-

established in Vanasthalam will hugely profit the nation in power production and also
conservation of non- renewable resources.

Current status of Nuclear power plants in India

Nuclear power is the use of nuclear reactions that release nuclear energy to generate heat,
which most frequently is then used in steam turbines to produce electricity in a nuclear
power plant.

The Fukushima disaster which is referred time to time in opposition of the project was a
result of an earthquake whose intensity was a thousand times more severe than that of the
earthquake that occurred in Sikkim, the one regarded as the most precarious in the history of
India. And, above all, Vanasthalam stands far away from such apprehensions. The project
is developed to benefit the state of Ratnachal Pradesh.. This evidently would solve the power
hitches in Tamil Nadu and help develop new industries there.

Make in India concept

Make in India is an initiative launched by the Government of India to encourage national, as

well as multi-national companies to manufacture their products in India. It was launched
by Prime Minister Narendra Modi on 25 September 2014. India emerged, after initiation of
the programme in 2015, as the top destination globally for foreign direct investment (FDI),
surpassing the United States of America as well as the People's Republic of China. In 2015,
India received US$63 billion in FDI24.

The major objective behind the initiative is to focus on job creation and skill enhancement in
25 sectors of the economy25. The initiative also aims at high quality standards and
minimising the impact on the environment. The initiative hopes to attract capital and
technological investment in India. The sectors include aviation, biotechnology, defence
manufacturing, renewable energy, thermal power, railways and etc.

Example -Many defence deals which include many aircrafts such as Jaguar, Mirages, Su-30,
UAV, these aircrafts are bought with a condition on transfer of technology to India so that

24
"Look East, Link West, says PM Modi at Make in India launch". Hindustan Times. 25 September 2014
25
"India's 20th nuclear power plant goes critical". Hindustan Times. 27 November 2010. Retrieved 13
March 2011
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these aircrafts can be assembled/ made in India. This concept lowers our dependence on
foreign countries for spare parts and other consumable used in aircrafts.

In technology transfer many Indian companies started making various defence equipments in
make in India concepts. Everyone available here knows its advantage for the country such as
security, employment etc.

A project to fructify takes many years from the time a decision is taken to import as the
process continues with tender, action, inspection, acceptance etc. Similarly in nuclear deal
lots of time goes in analysis of pros and cons, environmental effect, etc hence incase again
the project is derailed it will cost the country huge in terms of cost escalation as well as loss
because of non availability of this cheap source of energy.

6. THE NUCLEAR REACTORS MANUFACTURED BY THE RESPONDENTS

ARE SAFE, SOUND AND QUALITY PRODUCTS.
The technological advancements of the systems to be established are already being used in
various nations such as United States of America, China and India, they are not having any
issues with the technology in issue. The clearance given to them are in plausible ways
according to laws, the court must take into cognizance this factor.
This is a proper policy decision taken by authority after due deliberations and taking into
consideration views of various departments cannot be quashed unless same is illegal and
with malafide intention.26 Neither do we have mala fide intention nor do we have an issue
with technology.
The Supreme Court in Narmada Bachao Andolan - I27 held as under:
"62. The displacement of the tribals and other persons would not per se result in the violation
of their fundamental or other rights. The effect is to see that on their rehabilitation at new
locations they are better off than what they were. At the rehabilitation sites, they will have
more and better amenities than those they enjoyed in their tribal hamlets. The gradual
assimilation in the mainstream of the society will lead to betterment and progress."

Moreover the nuclear energy which will be produced from the power plant will also lead to
sustainable development which is the need of the hour.

26
Centre For Public Interest Litigation v Union of India and others
27
AIR 2000 SC 3751
-MEMORANDUM for THE RESPONDENT-
Benefits of using the Nuclear Technology

1. High Efficiency Level

One characteristic of nuclear energy is its higher efficiency level over other energy sources
such as fossil fuels. This is due to the high density of the energy produced by nuclear power
plants. Moreover, less fuel is required to process nuclear energy as opposed to processing oil
and coal.

2. Abundant Supply

Less uranium is needed to produce the same amount of energy as coal or oil, which lowers
the cost of producing the same amount of energy. Uranium is also less expensive to procure
and transport, which further lowers the cost.

Uranium is the significant element in the process of nuclear fission and with the world
having enough supply to last for 70 to 80 years, depletion is never a problem. Also, since
nuclear plants are capable of meeting the demands for energy without interruption for at
least a year so long as no maintenance work is required, this type of energy source is ideal.

3. Environment-friendly

Carbon emitted in the air from various sources result to pollution and aggravates global
warming. Unlike coal and natural gas that are pollutants, nuclear energy does not release
carbon dioxide and is cleaner. Moreover, it has lower greenhouse emissions .

While nuclear energy does have some emissions, the plant itself does not give off
greenhouse gasses. Studies have shown that what life-cycle emissions that the plants do give
off are on par with renewable energy sources such as wind power. This lack of greenhouse
gases can be very attractive to some consumers.

4. Low Maintenance

-MEMORANDUM for THE RESPONDENT-

investing in nuclear power plants to produce energy since these plants do not need regular
maintenance as well as operation can last between 40-60 years. Consequently, there is no
need to shut down the plants any time soon once they have been built. Also, with the
abundant supply of Uranium, there is an assurance of sufficient supply even if demands
increase.

5. Reliability

When a nuclear power plant is functioning properly, it can run uninterrupted for up to 540
days. This results in fewer brownouts or other power interruptions. The running of the plant
is also not contingent of weather or foreign suppliers, which makes it more stable than other
forms of energy

Keeping in view the above mentioned benefits and advantages the counsel would like to
submit before this honourable Court that there will be no harm to the public due to the NPP
which is to be setup. Regardless, it will help them in power utilization and a better life.

The fears of the public are mere apprehensions and such apprehensions shouldnt be given
leverage when they are unfounded. In the case of Harish Chander and others v Hindustan
Petroleum Corporation Limited and others28 the Delhi High Court held that though as per
Rules, 1999, activities of storage, transfer and processing of petroleum products was shown
in list of 'Red Category' industries but said Rules were not notified. DPCC explained that as
per draft Rules, there was provision for granting sanction to 'Red Category' industries and it
cannot thus be said that such industries were prohibited for which no consent could be given.
Cannot be said that concerns of petitioners as residents of village in vicinity of subject oil
storage depot were unfounded. Moreover, with intervention of petitioners, HPCL which at
time of filing of petition appeared to be going ahead with commissioning of subject oil
storage depot without even preparing Comprehensive Emergency Response and Disaster
Management Plan and without having such plan tested, as was required. After giving
anxious consideration, no case found for restraining commissioning of subject oil storage
depot. Though petitioners held to be not entitled to reliefs claimed but at same time, it was
essential to ensure that Comprehensive Emergency Response and Disaster Management Plan
continues to be efficacious. Petition disposed of.
28
2015 Indlaw DEL 273
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The work has been done in a proper manner and can cause no issues in any form, the matter
should not be further prickled with as established in the case of Orissa Mining Corporation
Limited v Ministry of Environment and Forest and others29 , Petitioner/Mining
Corporation, had approached SC seeking Writ of Certiorari to quash the order passed by
respondent/Ministry of Environment and Forests (MOEF) rejecting the Stage-II forest
clearance for diversion of 660.749 hectares of forest land for mining of bauxite ore in
Bauxite Mines in different districts of State - Whether rejection of clearance for mining was
sustainable - Held, petitioner had assailed the order of respondent as an attempt to reopen
matters that had obtained finality - Further, it was also submitted that the order wrongly cites
the violation of certain conditions of environmental clearance by 'Alumina Refinery Project'
as grounds for denial of Stage II clearance to appellant for its 'Bauxite Mining Project.

29
2013 Indlaw SC 255
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 PRAYER

Therefore in the light of issues raised, arguments advanced and authorities cited above, it
is humbly prayed that this Honble Court may graciously be pleased to adjudge and declare that:

The writ petition be dismissed with costs.

Any other order as it deems fit in the interest of equity, justice and good
conscience.

For This Act of Kindness, the Respondent Shall Duty Bound Forever Pray.

Sd/-

(Counsel for the Respondent)

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