SHRI I. M.

NANAVATI MEMORIAL NATIONAL MOOT

COURT COMPETITION 2016 -2017

FACTUAL SUMMARY

The State of Tammista is located in the Union of Joania, a coastal sovereign

state whose 3/4th boundary is surrounded by Silvania Ocean. Union of Joania
is a sovereign, secular, democratic, republic state which is located in the
southern hemisphere. The State of Tammista is one of the developed state of
Union of Joania.

The Union of Joania is a developing country that has diversified cultures,

religions and industrial economies. The Union of Joania especially the State of
Tammista has widely developed fishing industries along with a strong
ecotourism sector.The people of Tammista are highly educated and cultured.
They are well aware about their environment and are overly cautious in taking
proactive steps towards preserving and conserving their environment and the
natural habitat.

The Union of Joania is a Member of United Nations and a party to the Statute
of the International Court of Justice (ICJ).The Union of Joania is also a
member of all major Multilateral Environmental Agreements (MEAs) which
deals with the concepts of Nature Conservation, Hazardous Material,
Atmospheric Emissions and Marine environment. The Union of Joania is also a
Contracting Parties to the United Nations Convention on Biological Diversity
(CBD), 1992. In accordance with the provisions of the CBD, Union of Joania
has enacted a national legislation, The Biological Diversity Act, 2002.The
Union of Joania is also a party to the Stockholm Declaration of 1972. Pursuant
thereto, the Union of Joania and State of Tammista have formulated various
legislative and executive guidelines in conformity with its international
commitments.

In early 1980, after the tourism industry started blossoming elsewhere the
government of Joania enacted the Environment Protection Act, 1986. The
government of Tammista also strengthened the implementation of the Act and
other rules and regulations for protection and conservation of the environment.

Tammista has highly developed tourism industry. In last 30 years tourism

industry has seen rapid growth. Almost all the prestigious five star hotels and
restaurants now have their presence in Tammista.

A Hotels Union by the name of 'Tammista Hotels Association' is also formed

which is actively lobbying for the rights and benefits of the Hotels in
Tammista. 'Tammista Foundation' is another organization formed by the
residents and locals of Tammista in 1986 to consolidate the voice of the locals
and to preserve and conserve environment, environmental diversity and
biodiversity and for ecological well being of Tammista. It is a society
registered under the Societies Registration Act, 1960. Mr. Rohit Shah, an
eminent environmental lawyer and human rights activistis its current secretary.

The Hotels in Tammista with permission and sanction of the Tammista

Authorities under the then existing rules and regulations, made constructions
on the coastal region of Tammista.However, such constructions are in
derogation of the environmental guidelines in force as on date. On this ground,
Tammista Foundation has sought for demolition of the same as a step to
safeguard the environment of the beaches in Tammista. The said demolition is
sought for on the ground that the said constructions in question are between 90
to 200 meters from the High Tide Line (HTL). Under the existing guidelines in
force in Tammista, constructions within 500 meters from the High Tide Line
(HTL) are prohibited, except in rare situations where construction activity
between 200 to 500 meters from the HTL is permitted subject to observance of
strict conditions.

Tammista Foundation has been agitating since the passing of the

Environmental Protection Act, 1986 to demolish the constructions. Such
construction is challenged before various authorities of Tammista, including
the civic authorities, Municipal Corporation and the Department of
Environment and Forest on the basis of Environment Protection Act, 1986 and
the Coastal Regulation Zone Notification enacted thereunder along with other
rules and regulations formulated therein.

The 'Tammista Hotels Association' on the other hand is arguing that such
constructions, even though carried out in different phases and at different
times, were completed before the Coastal Regulation Zone were enacted under
the powers of the said Act.

'Tammista Foundation' has complained to all concerned authorities in this

regard.Pursuant to the same, the civic bodies and municipal corporation(s) of
Tammista issued demolition notices to large number of Hotels. However no
further actions came to be taken in that regard. Aggrieved by the non-action of
the authorities, Tammista Foundation had approached High Court of Tammista,
as and by way of a writ petition, seeking demolition of the said constructions.
'Tammista Hotels Association' on the other hand approached the High Court
of Tammista as and by the way of filing writ petition seeking quashing of the
demolition notices, on the grounds, inter-alia, that the authorities do not possess
necessary punitive power to authorize such demolition and that the construction
cannot be termed illegal as the Coastal Regulation Zone Notification passed in
1991was prospective in nature.
'Tammista Foundation' is contending that some of the constructions were
carried out between the year 1986and 1991 i.e. after the enactment of
Environment Protection Act, 1986 and before the passing of Coastal
Regulations Zone, 1991. It was further contended that even those constructions
which were completed before the 1986 the same underwent renovations much
later after the Coastal Regulation Zone was enacted, thereby entitling the State
to demolish such constructions in entirety. It is also contended that the
economic activity within 200 meters from the High Tide Line is also adversely
affecting the flora and fauna of the coastal area and the same is in
contravention to the international commitments made by Union of Joania.

The High Court of Tammista dealt with both the separate petitions together and
vide combined order dated 20.07.2016 uphold the validity of the demolition
notices.Being aggrieved and dissatisfied by the aforesaid order dated
20.07.2016 'Tammista Hotels Association' has now approached the Supreme
Court of Joania by invoking Article 136 of the Constitution of Joania, on the
grounds inter-alia, that the civic bodies do not have any authority to issue the
said demolition notices and that once the permission has been received for
making constructions, the renovations to the same shall also be governed by the
existing laws prevalent at the relevant time of making constructions.

The Supreme Court of Joania has been pleased to admit the Special Leave
Petition (SLP) and has also been pleased to grant interim reliefs, whereby the
operation of the Demolition Notices has been stayed. After the SLP was
admitted, hue and cry has occurred in the State of Tammista. Small institutions
and groups have also come up with their own reports and findings on the
television as well as in newspaper. One such unverified report,reveals that the
permissions and sanctions which were received by the hotels in question under
the then existing rules and regulations to make constructions were received by
bribing the authorities.
'Tammista Hotels Association' is vehemently opposing such statements being
motivated by and published at the insistence of Mr. Rohit Shah.

You are now arguing before the Supreme Court of Joania, and the matter is
listed for final arguments.

Note: - The Indian Laws will be applicable for the state of Tammista

Disclaimer: This problem is the hypothetical moot problem. It is only

for the academic purpose having no concern with any of the
pending/decided cases before any court and all details and name of
parties are fictitious and nothing to do with reality, even if found
similar it is only coincident.