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Protecting the Rights of Farmers:
A Constitutional Challenge to the
Brahma Dam Project
Elaboration of the Text in Markdown Format
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Brahma MOOT Problem (Plaintiff Memorial) on
Constitutional Law
This document appears to be a memorial or legal brief submitted by the plaintiff in a moot court competition or exercise on constitutional law, focusing on the state of Brahma.
Constitutional Law I (Guru Gobind Singh Indraprastha
University)
This suggests that the subject matter of this document is related to constitutional law, and it may have been prepared as part of a course or assignment at Guru Gobind Singh Indraprastha University.
Art. 4, i.e., Art. 5, SCC, Govt., Vs., Ltd., No., Ors, Sec.,
Hon'ble, HC, UOI
These are abbreviations and terms used throughout the document, likely referring to various legal concepts, entities, and citations.
MEMORIAL FROM SIDE OF APPELANT
This section indicates that the document is a memorial or legal brief submitted by the appellant or plaintiff in the case.
BOOKS AND WEBSITES REFERRED
This section lists the books and websites that were referenced in the preparation of this document.
Cases used
This section lists the court cases that were cited or referenced in the document.
Art. 21: Protection of Life & Personal Liberty
This section discusses Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty.
Art. 226: Empowers the high courts to issue, to any person
or authority, directions, orders or writs
This section outlines the powers of the high courts under Article 226 of the Indian Constitution, including the ability to issue various writs and orders.
Art. 227: Power of superintendence over all courts by the
HC
This section discusses Article 227 of the Indian Constitution, which grants the high courts the power of superintendence over all courts and tribunals within their jurisdiction.
STATEMENT OF FACTS
This section presents the factual background and context of the case, including the water scarcity in the state of Brahma, the proposed construction of a dam, the impact on the local villagers, and the involvement of the NGO "Alert Indiva".
STATEMENT OF ISSUES
This section outlines the key legal issues to be addressed in the case, including the maintainability of the public interest litigation, the validity of the writ petition under Articles 226 and 227, and the potential violation of the right to life and personal liberty under Article 21.
Whether the Present Petition is Maintainable
as Public Interest Litigation (PIL)
Argument in Favor of PIL Maintainability
The present petition has been filed in public interest for the people of Bramha, as the proposed dam construction has led to environmental imbalance and threatens the livelihood of the villagers. The construction of the dam would either submerge the agricultural fields or cause waterlogging, depriving the villagers of their right to livelihood.
Article 21 protects the life and personal liberty of an individual, and no person shall be deprived of their life or personal liberty except according to the procedure established by law. The construction of the dam would affect ten villages, and the villagers' main occupation is agriculture. The submergence or waterlogging of their agricultural fields would deprive them of their right to livelihood, which is a violation of their right to life and personal liberty. The state cannot simply shift the villagers to another place and expect them to start their lives over again. They have the right to live wherever they want and the liberty to choose how they want to live. Shifting to a new place would require the villagers to search for new resources for agricultural activities, build new homes, and adapt to a new environment, which would take a significant amount of time and effort.
Prayer
The counsel for the appellant most humbly and respectfully prays before the Hon'ble Court that:
a) The present petition is maintainable as a Public Interest Litigation, and the writ petition filed under Articles 226 and 227 of the Constitution of Indiva is maintainable. b) The High Court can interfere in any policy decision taken by the state of Bramha. c) The displacement of the agriculturists amounts to a violation of Article 21 of the Constitution of Indiva. d) The Court may make any such order as it deems fit in terms of equity, justice, and due conscience.
