Live | 1st Edition – Justice ML Pendse National Environmental Law Moot Court Competition 2023 – MNLU Mumbai

Justice ML Pendse National Environmental Law Moot Court Competition 2023 is the first National Level Moot Court Competition organized by Maharashtra National Law University Mumbai. Over 40 regsistred teams competed in the Memo-qualifier Rounds and reached the picturesque campus of MNLU Mumbai. Now, 24 teams will compete across Preliminary, Quarter, Semi and Final Rounds to take away home prozes worth 2.6 Lakhs. Justice ML Pendse National Environmental Law Moot Court Competition 2023, in association with SCC EBC, LiveLaw, BILS, Loopify and Eco-Roots is an eco-friendly moot. All plastic and paper waste generated will be processed by our gifting partner, Loopify and converted into recycled gifting products. The Researchers test has been conducted on desktops and the no physical proposition or memorial has been printed. The Organizing Committee for Justice MLP Moot 2023 was constituted in late October and comprises of heads, members and volunteers from the First year to Fifth year and even includes our alumni advisors. 

ABOUT MNLU MUMBAI:

Maharashtra National Law University Mumbai, established in 2014, is one of India’s premier National Law Universities. MNLU Mumbai was established with a commitment to foster an environment of excellence in research, scholarship, education, and justice.

ABOUT JUSTICE M.L. PENDSE CHAIR IN ENVIRONMENTAL LAW:

Due to an observable lack of legal academia dedicated to Environmental Law in India, the Justice M. L. Pendse Chair in Environmental Law aims to foster legal environmental education by promoting and undertaking research activities exclusively in the field, in collaboration with national and international stakeholders.

OUR PARTNERS:

Supporting Partner- Bombay Incorporated Law Society (BILS), Knowledge Partner- SCC-EBC, Media Partner- LiveLaw, Gifting Partner- Loopify, Green Partner- Eco-Roots.

 

Day 1 (24th February 2023)

• Equity Briefing of Participants has concluded.
• SCC-EBC Training Session has concluded.
• The Moot Launching Ceremony will commence in a short while.

The Inaugration Ceremony is being Live-streamed on our Youtube Channel!

https://youtube.com/live/qb_zozdehNU?feature=share

• The Moot Launching Ceremony has begun.
• The guests of honor , Mr.Sanjay Notani, Partner ELP Law and Ms. Farzana, President of BILS have lit the ceremonious lamp and watered a sampling, symbolizing a new beginning in the field of Environmental Law Advocacy.
• The felicitation ceremony of the Guests of Honor has concluded.
• Registrar MNLU Mumbai and Chair of Justice ML Pendse Chair in Environmental Law, Prof.Dr. Anil G. Variath is delivering his address.
• Ms. Farzana, President of BILS is delivering her address.
• About BILS –  The Bombay Incorporated Law Society (“BILS”) was a Society formed on 15th December, 1894 by 33 Attorneys (now referred to as Solicitors) who were practicing as Attorneys of the Bombay High Court. Out of the 33 Attorneys, 16 were English Solicitors and 17 were Indian Solicitors. Pursuant to the License granted by the Governor of Bombay in Council, BILS was registered under the provisions of Section 26 of the Indian Companies Act, 1882 as a Society with limited liability.
• Mr. Sanjay Notani ,Partner ELP Law is delivering his address.
• Mr. Prayank Jain, the pro-drafter of the Justice ML Pendse National Environmental Law Moot Court Competition 2023 and an avid climate advocate is delivering his address.
• Mr.Sajid Sheikh , Asst.Registrar Academic is delivering the vote of thanks.
• Moot-Launching Ceremony has concluded.

 

Day 2 (25th February 2023)

 

Day 2 at the Justice ML Pendse National Environmental Law Moot Court Competition 2023 is a packed day. Two Preliminary Rounds and the Quarter Final Round will test not only the knowledge but also the patience and pois of the teams. The competition is cut throat and competitors are seen exchanging firm handshakes and passive aggressive smiles. The OC meanwhile, is grinning ear to ear that the day they have been waiting for months has finally arrived. Mumbai has been blessing us with a strong breeze and refreshing sunlight for two days now, prayers are being made to manifest the same weather for a few more days.

 

• The Preliminary Rounds have begun! 24 teams will go through 2 rounds, divided across 3 slots, to qualify for the Quarter-Final Rounds.
• The esteemed panel for the Preliminary Rounds comprises of – Pratik Irpatgire, Vasudha Jadon, Tanay Vyas, Arnav Maru, Aditya Variath, Akshay Ayush, Bhargav Kosuru and Aditya Mhase.
• Slot 1 rounds have concluded, Slot 2 rounds have commenced.

• Slot 2 rounds have concluded, Slot 3 rounds have commenced.
• With Slot 3 having being concluded, participants are eagerly waiting for the results of the Preliminary Rounds

 

RESULTS OF THE PRELIMINARY ROUNDS–

1. School of Law, Christ (Deemed to be University)
2. Rajiv Gandhi National University of Law Punjab
3. VM Salgaocar College of Law
4. Symbiosis Law School Noida
5.  Gujarat National Law University Gandhinagar
6.  Christ (Deemed to be University), Delhi NCR
7. SVKM’s Pravin Gandhi College of Law
8. National Law University Jodhpur

The draw of lots has concluded for the Quarter-Final Rounds.

• The Quarter Final Rounds have concluded.

RESULTS OF THE QUARTER FINAL ROUND-

1. School of Law, Christ (Deemed to be University)
2. Rajiv Gandhi National University of Law Punjab
3. Christ (Deemed to be University), Delhi NCR
4. Symbiosis Law School Noida

The draw of lots has concluded for the Semi-Final Rounds.

 

Day 3 (26th February 2023)

Our prayers have been answered, the strong and refreshing breeze continues in Mumbai and our campus is bustling with nervous excitement. Logistics team is on their heels preparing courtrooms for the final day of dramatic arguments. Wherever one goes, there is a volunteer dressed in the bright green MLP t-shirt setting up placards or laying out a spread of snacks (invariably picking up a few for themselves). The courtroom for the Final Rounds is being set up in our biggest conference hall and will be live-streamed at several locations inside the college as well as online on our Youtube Channel at https://youtube.com/live/DmSVrFd2r3Y?feature=share

Participants are positioned outside their respective courtrooms and the anticipation is palpable. The teams qualified for the Semi-Final Rounds are School of Law, Christ (Deemed to be University), Rajiv Gandhi National University of Law Punjab, Christ (Deemed to be University), Delhi NCR and Symbiosis Law School Noida.

• The Semi-Final Rounds have commenced.
• The Semi-Final Rounds have concluded.

RESULTS OF THE SEMI-FINALIST ROUNDS ARE- 

1. Symbiosis Law School Noida
2. Christ (Deemed to be University), Delhi NCR

THE FINALS WILL COMMENCE IN A SHORT WHILE–

• The team from Symbiosis Law School Noida are the Respondents as team from Christ (deemed to be) University, Delhi NCR have chosen to be the Petitioner.
• Both the teams are seated and the courtroom is witnessing a mass inflow of audience.
• The 3 Judge Bench comprises of Hon’ble Mr. Justice Abhay Ahuja, (Judge, Bombay High court) ; Hon’ble Mr. Justice Sandeep K. Shinde (Former Judge, Bombay High Court) and Hon’ble Mr. Justice Sambhaji S. Shinde (Former Chief Justice, Rajasthan High Court and chairperson of the appellate authority under MahaRERA).
• Watch the Livestream at https://youtube.com/live/DmSVrFd2r3Y?feature=share

Petitioner’s Side-

• The petitioner’s Counsel 1 has approached the Dias. Counsel 1 will tackle Issue 1 and Issue 2. Counsel 1 has begun the arguments regarding the maintainability of the Writ petition. The Counsel was asked by the bench to address the issue first, and then support it by relevant documents. The Bench has seeked clarity over the evidence submitted, remarking the writ petition is maintainable usually over undisputed set of facts.
• The Bench questions the Counsel regarding the grounds of filing a writ jurisdiction, in general and in the case at hand.
• The Bench remarks, in a light vein, that the Counsel must argue assertively. Further, the counsel is asked to elaborate on the facts of the case cited in the compendium.
• The question being tackled currently is whether a private body performing a public function can be declared as an instrument of state.
• The Bench remarks that the structure of the argument must be establishing facts of the case, elaborating on statutory provisions and then addressing facts of the case and then citing cases.
• The counsel presents the test generated in the case of Salini vs. Morocco.
• The counsel is now addressing the alleged wrongful actions of the Government of Puri Para.
• The Bench questions the the Counsel regarding the ‘Polluter Pays’ principle and subsequently about the Cause of Action arising after 20 years of the power plant being commissioned.
• The Bench seeks clarification over whether there exist any limitations regarding entertaining the writ petition.
• Counsel 2 is submitting his prayers.

Respondents’ Side-

• Counsel 2 has approached the Dias.
• Counsel 2 will tackle Issue 1,2 and 3.
• Counsel 2 is asked to elaborate on facts.  C2 proceeds towards Issue 1, asserting that the writ petition is not maintainable and there exists the alternative of approaching NGT. C2 submits that there has been no environmental degradation. C2, referring to Section 14 of NGT Act, submits that the private entity cannot be held as state. The Bench questions whether a writ court could take up an issue if there exists a specialized act/body formed to deal with it.
• The Bench questions whether there is any difference between the writ being filed in HC or SC.
• The Counsel proceeds towards the second issue. The Bench remarks that the attention must be drawn first to the statutory provisions and then to cases cited. The Bench questions whether the contractual interest of the Investors are not disadvantaged  by the proposed prayer of the respondent.
• The Bench asks the counsel to address the conflict between any bilateral treaty and constitutional provisions of a country.
• C2 submits that the power plant is monitored by environmental experts and a certain degree of pollution does not mandate seeking of any compensation. C2 has asserted that the petitioner has failed to establish nexus between bad AQI and working of the power plant.
• C2 argues w.r.t Right to Electricity.
• The Bench remarks that there must exist a female candidate in each team participating in moot court competitions.
• C1 has approached the Dias. C2 invokes Workmen Compensation Act, submitting that the definition of the employer must be clear before actions is ensued.
• The Bench remarks that the full and complete justice can be done only by SC and hence why approaching the SC must be so vehemently opposed. Moreover, the workers unions may be simply looking for justice, without looking for technicalities.
• C2 submits that enhancing environmental standards requires closure of existing structures that may cause a level of unemployment.
• C2 submits that the decision of the government to  decommissioning of the power plants was not unconstitutional. Furthermore, it is submitted that Article 253 gives power to Central Government to enforce obligations made under international treaties. C2 concludes that the notifications of EPA mandates the government to decommission the plant.

Rebuttals have begun-

1. Petitioners contended that since Fundamental Rights are evidently breached, the writ petition is maintainable irrespective of jurisdictional technicalities.
2. Petitioners contended that since respondents had agreed it is the state that controls the power plant, the private entity can be held as an instrument of state as well.
3. Petitioners submitted that the Paris agreement says that member countries are not mandated to enforce obligations.

Respondents Counsel engages in the Rebuttals.

The Hon’ble Bench remarks on the remarkable pois of the teams and their excellence. Hon’ble Bench also expresses their difficulty in choosing one winner. The Bench remarks that the structure of any argument must be based on foundation of the facts of the case and statutory provisions. The Bench remarked that the bench memorials were excellent. Furthermore, the bench emphasized on reading of international treaties and more importantly in absence of domestic laws.

THE FINAL ROUND HAS CONCLUDED.

THE VALEDICTORY CEREMONY WILL COMMENCE SHORTLY.

In attendance, Prof. (Dr.) Anil G. Variath, (Registrar MNLU Mumbai), Mr. Nitin Thakker (Senior Advocate), Prof. (Dr.) Dilip Ukey (Hon’ble Vice – Chancellor, MNLU Mumbai) , Dr. Birendra Saraf (Advocate General of Maharashtra), Hon’ble Mr. Justice Abhay Ahuja  (Judge, Bombay High court), Hon’ble Mr. Justice Sandeep K. Shinde (Former Judge, Bombay High Court), Hon’ble Mr. Justice Sambhaji S. Shinde (Former Chief Justice, Rajasthan High Court and chairperson of the appellate authority under MahaRERA). 

• The Valedictory Ceremony has begun.
• Welcome Address is being delivered by Registrar, MNLU Mumbai.
• Address is being delivered by Mr. Nitin Thakker.
• Keynote Address is being delivered by Prof. (Dr.) Dilip Ukey.
• Address is being delivered by Dr. Birendra Saraf. Dr. Saraf quoted his father ‘Don’t try to win an argument, try to win the case’ 
• Address is being delivered by Hon’ble Mr. Justice Sandeep K. Shinde. Mr. Justice Shinde quoted his senior ‘Advocacy is nothing but reading of court’s mind.’
• Address is being delivered by Hon’ble Mr. Justice Sambhaji S. Shinde.

AND THE WINNERS OF THE FIRST EDITION OF THE JUSTICE ML PENDSE NATIONAL ENVIRONMENTAL LAW MOOT COURT COMPETITION 2023 ARE –

• WINNING TEAM – Symbiosis Law School, Noida.
• RUNNERS UP – Christ (Deemed to be University), Delhi NCR
• BEST SPEAKER AWARD – Jasmine, Rajiv Gandhi National University of Law, Patiala. 
• BEST RESEARCHER – Satyam Agarwal, Lloyd College. 
• BEST MEMORIAL (RESPONDENTS) -School of Law Christ (Deemed to be) University, Bangalore.
• BEST MEMORIAL (APPLICANT) – Rajiv Gandhi National University of Law, Patiala.

 

 

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