Administrative Law Psda

ADMINISTRATIVE LAW PSDA
WRIT PETITION
SUBMITTED TO
MANJULA RAGHAV
SUBMITTED BY –
ANKIT TEWARI
2-A
02310303815
IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
CIVIL WRIT PETITION NO. OF 2017
IN THE MATTER OF
North Eastern Dry Zone Talukas

Anti Cloud Seeding Association ……PETITIONER
versus
Union of India ……RESPONDENTS
PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF

INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF
MANDAMUS UNDER ARTICLE 14 OF THE CONSTITUTION OF INDIA.
To
Hon'ble The Chief Justice of India and His Lordship's Companion

Justices of the Supreme Court of India. The Humble petition of the Petitioner
abovenamed.
MOST RESPECTFULLY SHEWETH :
1. That the petitioner are the talukas of north eastern dry zone
Andhra Pradesh.
2. That the agriculture in the Andhra Pradesh state depends on the
South – West rainfall which is exposed to recurrent drought
threatening desertification.
3. That the Policy makers sought guidance from the Committee of
Experts
4. That the Committee of Experts studied the cloud seeding
technology and came to a conclusion and recommended for cloud
seeding in the needy dry talukas.
5. That having regard to the recommendations the Andhra Pradesh
State Legislature passed the Andhra Pradesh Cloud Seeding Act of
2017.
6. That acting on a legislative mandate the government carried out
extensive cloud seeding in the needing areas of the northern dry
zone and reportedly expressed timely precipitation during the
month of July 2017.
7. That due to this the rainfall in the North Eastern Dry Zone in
months of August 2017 had been less than 30% of the average of
the last 50 year ending with 2017.
8. That such deficiency was due to the cloud seeding in the
neighbouring talukas .
9. That the crops in the North Eastern Dry Zone suffered the yield
loss of about 50%.
10. That due to this the Petitioner filed a Writ Petition Under Article-
32
2. Question(s) of Law
A. Whether the Writ Petition is maintainable ?
B. Whether the state legislature is competent to pass the “Andhra
Pradesh Cloud Seeding Act of 2017 ?
C. Whether the farmers of the talukas falling in the North Eastern dry
zone have any fundamental right against tampering with bio diversity
and climate modification?
D. Whether, the Andhra Pradesh Cloud Seeding Act of 2017 mandating
cloud seeding is opposed to the rule of ‘equality before law’ under
Article 14 of the constitution?
3. Grounds
1. Can a state legislature pass an act which can have inter-state affect?
Article 245(1) states that Subject to the provisions of this Constitution, Parliament
may make laws for the whole or any part of the territory of India, and the
Legislature of a State may make laws for the whole or any part of the State .
Also Article 246(3) states that Subject to clauses (1) and (2), the Legislature of any
State has exclusive power to make laws for such State or any part thereof with
respect to any of the matters enumerated in List II in the Seventh Schedule.
The List II is the State List which consists of 66 subjects.
2. Can court use mandamus to command State legislature to enact something or
not to proceed with enactment?
Mandamus was introduced in India by the Letters Patent creating the Supreme
Court in Calcutta in 1773. Mandamus lies against authorities whose duty is to
perform certain acts and they have failed to do so.
Mandamus can be issued under the following circumstances
(i)The applicant must have a legal right to the performance of a legal duty. This was
stated by the Supreme Court in the case of Dr. Rai Shivendra Bahadur v.
Governing Body of the Nalunda College1,
1
A.I.R. 1962 S.C. 1210
(ii) The legal duty must be of a public nature. This was stated by the Supreme
Court in the following cases Praga Tools Corporation v. C.V. Imanual2, and
Sohanlal v. Union of India3
However, it was decided in the case of Choteylal v. State of U.P4., that Mandamus
cannot be issued to a legislature to forbid it from passing legislation repugnant to the
fundamental rights. In other words a writ of Mandamus cannot be issued to the State
Legislature to prevent it from considering a Bill which is alleged to be in violation of
the constitution.
3. On what certain grounds can an enactment be declared invalid or Ultra

Vires by the Court? Give reasons with special reference to Article 14.
Article 14 states that “The State shall not deny to any person equality before the law
or the equal protection of the laws within the territory of India.
However the equal protection of laws does not mean that all laws must be general
in character. The varying needs of different classes often require separate treatment
as stated in Chiranjit Lal v. Union of India5,.
So a Classification is necessary. But the classification must be reasonable.
So the classification must -
A. Be founded on an intelligible differentia which distinguishes persons or things
that are grouped together from others left out of the group.
B. The differentia must have a rational relation to the object sought to be achieved
by the Act.
However If the classification is such which is –
A. Is Arbitrary , Artificial or Evasive
B. Is such which is not based on some real and substantial distinction and does
not have a valid nexus between the basis of classification and the object of the
act.
2
A.l.R. 1969 S.C. 1306
3
A.I.R. 1957 S.C. 529: (1957) S.C.R. 738
4
A.l.R. 1951 All 228
5
AIR 1951 SC 41
Then such classification will not be reasonable and will be declared invalid or
Ultra Vires by the Court as being violative of Article-14 as done in the case of
Ajay Hasia v. Khalid Mujib6 and Suneel Jatley v. State Of Haryana7.
4. Critical analysis of Ratlam Municipality v. Vardhichand

For general principles relating to Mandamus to enforce public duties an
important case Ratlam Municipality v. Vardhi Chand8 came to be decided by
the Supreme Court. Ratlam Municipality was a statutory body. A provision in
law constituting the body casts a mandate on the body "to undertake and make
reasonable and adequate provision" for cleaning public streets and public places,
abating all public nuisances and disposing of night soil and rubbish etc. The
Ratlam Municipality neglected in discharging the statutory duties, The hygienic
conditions in municipal wards became so deplorable and unbearable that the
residents of one of the wards after failing to move municipality in any way,
resorted to a Court action under Section 133 of Cr.P.C. according to which
when a Magistrate considers that any unlawful obstruction or nuisance should
be removed from public place, he may make a condition.al order requiring the
person causing such obstruction or nuisance to remove the same. The concerned
Magistrate ordered the Municipality to abate the nuisance complained of by the
residents within 15 days. The Municipality instead of doing something to
improve the conditions in the discharge of its statutory duty contested the order.
The matter ultimately came before the Supreme Court. The court expressed
appreciation of the activist application of Section-133 Cr.P.C by Magistrate for
the large purpose of affirmative action. The court characterized the case in hand
as a”path finder in the field of people’s involvement in the justicing process”.
The Court directed that the scheme for abating the nuisance be executed within
one year and that the Magistrate would inspect the progress of the work.
So in the absence of a statutory provision Mandamus will not issue to secure the
performance of the obligations of a company to its members.
6
AIR 1981 SC 487
7
(1984)4 SCC 296
8
AIR 1980 SC 1622
5. Averment:-
That the present petitioner has not filed any other petition in any
High Court or the Supreme Court of India on the subject matter of
the present petition.
PRAYER
In the above premises, it is prayed that this Hon'ble Court may be pleased:
(i) To pass an order that the Andhra Pradesh Cloud Seeding Act of 2017
be declared Ultra vires of the constitution.
(ii) To pass such other orders and further orders as may be deemed
necessary on the facts and in the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL

AS INDUTY BOUND, EVER PRAY.
FILED BY:
PETITIONER-IN-PERSON
DRAWN:
FILED ON:

Administrative Law Psda

Uploaded by

Copyright:

Available Formats

Administrative Law Psda

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Administrative Law Psda

Uploaded by

Copyright:

Available Formats

ADMINISTRATIVE LAW PSDA

CIVIL WRIT PETITION NO. OF 2017

North Eastern Dry Zone Talukas

Union of India ……RESPONDENTS

PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF

Hon'ble The Chief Justice of India and His Lordship's Companion

3. On what certain grounds can an enactment be declared invalid or Ultra

4. Critical analysis of Ratlam Municipality v. Vardhichand

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL

You might also like

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.