FACULTY OF LAW

Organizes

SHRI I. M. NANAVATI MEMORIAL NATIONAL

MOOT COURT COMPETITION 2023-24
January 19-21, 2024

Host
Faculty of Law
GLS University, GLS Campus, Opp. Law Garden, Ellis Bridge,
Ahmedabad - 380006. Gujarat.
NATIONAL MOOT COURT COMPETITION JANUARY 19-21, 2024

MOOT COURT COMMITTEE

Patron Dr. Sudhirbhai Nanavati

President, GLS University

Convener Dr. Mayuri Pandya

Dean, Faculty of Law, GLS University

Faculty Coordinator Dr. Vidhi Shah (98797 97182)

Assistant Professor,
Faculty of Law, GLS University

Dr. Suja Nayar (97127 20888)

Assistant Professor,
Faculty of Law, GLS University

Faculty Co-Coordinator Dr. Jiya Matharani (79847 19633)

Assistant Professor,
Faculty of Law, GLS University

Ms. Urvashi Sharma (90999 39491)

Assistant Professor,
Faculty of Law, GLS University

Student Coordinator: Mr. Mehul Sharma ( 90336 55392)

Student Co-Coordinator: Ms. Nishtha Trivedi (84699 14167)

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NATIONAL MOOT COURT COMPETITION JANUARY 19-21, 2024

ABOUT THE STALWART

Gujarat Law society. He was a teacher at the
Law Faculty and is even today remembered for
his outstanding quality and contribution as a
teacher of Law, a very able administrator, and a
noble human being who made his mark not
only in the courts in Gujarat but also in the
Supreme Court of India. He was an aware
educationalist, a leading lawyer and the then
Hon’ble Secretary of Gujarat Law Society. He
left for the heaven on January 15, 1981 in the
city of Nairobiat South Africa.

In the Will of Shri I. M. Nanavati he express his

Shri I. M. Nanavati wish that “In the end, I desire that when I pass
away, my mortal remains be drawn through
This stalwart of law was born in the city of the Ellisbridge Campus of the Gujarat Law
Jambusur near Bharuch in 1920 and bore the Society of which I was a student and which I
name Shri I.M. Nanavati. He came to have served for more than 20 years as Hon.
Ahmedabad for law studies and at a very Secretary and the institutions where of which I
young age joined the bar in the footsteps of his developed, I have loved like my children”
father. In the initial years of his practice, he To commemorate late Shri I. M. Nanavati who
joined Maneklal Harilal Mills to look into made his mark as an advocate and as an
Labour and Company Matters. With his educationalist, Shri I.M. Nanavati Memorial
foresight and hard work he became famous National Moot Court Competition is
and in a short time span he became one of the organized.
renowned advocates of India. He always took a
After his death Shri Nani Palkhiwala had said
keen interest in overall development of the
“India has lost an exceptionally able lawyer and
people and in the development of Educational
the cause of public education has lost one of its
Institutions. He was deeply interested in the
great benefactors and ended with the
promotion of education and did tremendous
beautiful lines:
work in that field. His busy practice however
was no bar to his love for social and “Lives of great men all remind us, We can make
educational activities, in which he took leading our lives sublime, And departing leave behind us,
and prominent part. The inspiring zeal and Foot prints on the sands of time...!”
managerial ability of Late Shri I. M. Nanavati
had gone a very long way in establishing
Gujarat Law Society. He contributed greatly to
the stability and steady growth of the society
during the period of his association with the

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 NATIONAL MOOT COURT COMPETITION JANUARY 19-21, 2024

ABOUT GUJARAT LAW SOCIETY

Gujarat Law Society (GLS) is a premier educational group, offering courses in multiple disciplines. It
stands as a synonym for contemporary education in the region with its state-of-the-art infrastructure
which houses nearly 29 institutes in various spheres. The society has a particularly expansive alumni
group too which echoes the values that GLS has imparted, right since its inception. Being a part of
some of the most distinguished corporations, across the globe, these members of the society’s alumni
have carved out a niche identity for themselves, that of being responsible, pragmatic and proactive.
GLS trust with superlative education began in 1927; almost 96 years back when a few visionaries
stepped forward to transform the standards of education in the region. The institute derived its
inspiration from and was founded by such luminaries as Sardar Vallabhbhai Patel, Shri Ganesh
Mavlankar, and the first Speaker of the country and Shri I.M. Nanavati with the vision of Excellence in
Education. It was their foresight in the year 1927 that laid the foundation for an organization which has
illuminated lacs of lives ever since.
It is the dynamism, sagacity and pragmatic approach of the management of GLS that guided the
society on its path to glory. Constant support by the governing council currently spearheaded by Shri
Sudhir Indravadan Nanavati that has led GLS to grow from a single law college to nearly 29 institutions
ranging from preparatory schools to graduate and post-graduate colleges in diverse areas such as arts,
commerce, law, management, computer applications and professional courses.

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 NATIONAL MOOT COURT COMPETITION JANUARY 19-21, 2024

ABOUT GLS UNIVERSITY

GLS University has been established with the objective of providing an ideal and creative learning
environment and continuing the tradition of excellence in education of the sponsoring body of the
University, viz., Gujarat Law Society (GLS).
Gujarat Law Society, established in the year 1927, is one of the largest and oldest educational
institutions in the State of Gujarat. GLS currently has more than 25,000 students pursuing their
graduate, post graduate and doctoral level studies at various levels within the university and its
constituent colleges/institutions.
GLS has currently more than one million alumni, all established in several spheres of work including
business, commerce, law, science, arts and culture. Several of these alumni are noted entrepreneurs.
The university is currently hosted in a state of art campus within the heart of the city fully equipped
with advanced technological tools to facilitate education.

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 NATIONAL MOOT COURT COMPETITION JANUARY 19-21, 2024

ABOUT FACULTY OF LAW

Faculty of Law (FOL), constituent department of GLS University, is a premier destination for students
interested in establishing a virtuous career in Law and aiming to become torch bearers of Justice.
Faculty of Law has emerged as the most preferred destination for legal education.
The college has an advantage of senior and well experienced faculty members in the field of Law. The
senior practicing advocates also contribute in teaching and providing experiential learning to law
aspirants. The teaching pedagogy includes: classroom discussions, case studies, interactive
presentations, guest lectures, expert sessions, seminars, conferences, and case law methods coupled
with intensive practical training through moot courts. It is worthy to note that Faculty of Law has
ventured in all possible educational arenas by organizing International Conferences, National Moot
Court Competitions, National Sports Fest, various seminars at National and International level. It has
now become the epicenter where knowledge liberates; ideas are conceptualized and shaped into
existence.
The untiring contribution made by Faculty of Law has enabled the college to secure a position in Forbes
Legal Power list 2020 as one of the most promising and top law schools.

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NATIONAL MOOT COURT COMPETITION JANUARY 19-21, 2024

SCHEDULE

Key Dates Key Events

Release of Moot Problem for Shri I.M. Nanavati Memorial

October 22, 2023
National Moot Court Competition, 2023-24.

Last date for Provisional Registration

November 21, 2023
Via email mootcourt@glsuniversity.ac.in

Last date for Registration of the Institution via e-mail

and Google form
November 28, 2023
Link: https://forms.gle/xJF2qrMJ8w1XnUoe9

November 25, 2022 Last date for sending Clarifications

Last Date for Submission of Memorials (soft copy Word and

January 6, 2024
PDF format) (By uploading memorials on Google Form)
Note: Link shall be shared with the registered participants)

January 16, 2024 Last Date for Submission of hard copy of the Memorials

Orientation of the Event

January 19, 2024
Researcher's Test

Inauguration
Preliminary Round
January 20, 2024
Quarter final Round
Semi- final Round

Final Round
January 21, 2024
Valedictory Ceremony

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 NATIONAL MOOT COURT COMPETITION JANUARY 19-21, 2024

RULES AND REGULATIONS

FOR THE COMPETITION
I. INTRODUCTION
Ø Short Title: These Rules shall bear the title Shri I. M. Nanavati Memorial National Moot Court
Competition Rules 2023-24
Ø Definitions: Unless otherwise stated following shall be construed asunder–
• “Administrator” shall mean the Faculty of Law, GLS Law College and GLS University Moot
Court Committee.
• “Clarifications” shall mean any questions, inquires or doubts sent by a registered team
(after final registration) to the organizers seeking any factual clarification(s) in the Moot
Problem. The clarifications, if any, provided by the college shall be considered as if it were a
part of the Moot Proposition and shall have no individual significance.
Ø “Competition” means Shri I. M. Nanavati Memorial National Moot Court Competition, 2023-24
• “Institution” means any recognized law School/College or University.
• “Participating Team” means the team which has registered itself for the competition as per
the rules for registration.
• “Participating Institution” shall be presumed to be the parent institution of the
participating teams. From each institute only one teams can represent the institute.
• “Organizer” means the Faculty of Law, GLS University, and Ahmedabad.
• “Rebuttals” refer to those arguments /questions that the Complainant may raise at the end
of the main pleadings of all the Orators. This shall be replied to in the appropriate manner by
the Respondent.
• “Written Submission” means the memorandum of written submissions submitted by any
Team.
• Organizing Committee” means the Moot Court Committee hereinafter referred to as MOC
or MCC
• “MEC” means Memorial Evaluation Committee.

II. GENERAL RULES

Ø Dress Code: The participants shall adhere to the following dress code when present in any
courtroom during the Competition.
Ø Female(s): White salwar and kurta or white shirt and black trousers along with black coat and
black shoes;
Ø Male(s): White shirt, black trousers and black tie along with black coat and black shoes.
Ø Language: The language of the Competition shall be English

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 NATIONAL MOOT COURT COMPETITION JANUARY 19-21, 2024

III. ELIGIBILITY AND TEAM COMPOSITION

Ø Eligibility: The Competition shall be open to students who are– Pursuing an integrated 5-year
LL.B. program in India or pursuing a 3-year LL.B. program in India. Only 32 teams on a first come
first basis shall be allowed to register.
Ø Provided in furtherance to the above clause, the first 32 teams shall be reckoned on the basis of
the final registration.
Ø Team Composition: Each team shall constitute 3 members, two ‘Oralists’/‘Mooter’ and one
‘Researcher’.
• Only the team member(s) designated as Oralist/Mooter shall be allowed to put forth oral
submissions.
• Under no condition shall a team consisting of more than 3 members be allowed to
participate.

IV. ANONYMITY OF TEAMS

• Teams shall not reveal their identity in any form, except by means of the Team Code allotted to
them during the Competition.
• The Written Submissions shall not reveal the identity of the team in any form and should not
bear the logo, name etc. of the University represented.
• Any material presented to the Panel should be devoid of any identification marks/seal of
the Team. If any such mark/seal exists, it must be rendered unrecognizable.
• Any violation of the above rules shall attract severe penalties or disqualification as determined
by the MCC. The decision of the MCC in this regard shall be final, binding to the participating
team and shall not be subject to challenge by any team.

V. REGISTRATION
• The participating institutions must register by filling out the Google form by November 28, 2023,
by 11.59 pm
• In order to confirm participation, teams of every Institution should register themselves with the
Registration forms duly signed by the heads of the institution along with the fees of Rs.2500/-per
team. Any team requiring accommodation will have to pay registration fees of Rs. 5000/-. Any
form received after the last day of registration will not be allowed.
• The payment of registration fees will be through NEFT and the details are:
GLS Law College
HDFC BANK, NR. MITHAKHALI SIX ROAD, NAVRANGPURA, AHMEDABAD
A/C NO. 57500000018593 • IFSC CODE: HDFC0000006 • MICE: 380240002

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 NATIONAL MOOT COURT COMPETITION JANUARY 19-21, 2024

• Any registration form received without the receipt of the payment shall not be considered for
the final registration.
• Any form received after the last day of registration will not be allowed.
• The teams shall be solely responsible for any delay caused due to delay in receipt of Registration
Form.
• The amount once paid shall not be refunded.

VI. Change in Team Composition:

Ø Any change in team composition will not be entertained after the registration.
Ø In case of any unforeseen contingency where it becomes imperative to change the team
competition, the participating team shall send an email regarding the same to the
Administrator and MCC containing the compelling reason for the change. However, the change
in the composition shall be done at the discretion of the MCC.

VII. RESEARCHERS’TEST
Ø The Researchers’ Test shall be conducted on January 20, 2024
Ø The test shall be for duration of sixty (60) minutes only.
Ø The test shall consist of objective questions based on General Principles of the Statement of
Facts, matter(s) of Law involved in the Moot Problem and General Principles of National and
International Law. The Researchers’ Test shall test the knowledge of the laws involved as well as
the factual details of the Moot Problem and the application of the relevant laws to the
circumstances in the Moot Problem.
Ø No notes, bare acts, books or any other material or electronic aid shall be permitted during the
Researchers’ Test.
Ø ONLY the Researcher as mentioned in the Registration Form shall be eligible to appear for the
test.

• FORMAT OF THE COMPETITION AND ORAL ARGUMENTS

The Competition is divided into 4 rounds:
a. Preliminary Round
b. Quarter Final Round
c. Semi Final Round
d. Final Round

• The time split between the speakers must be communicated to the Court Bailiff/clerk prior to the
commencement of each Round. Once so informed, these timings shall not be changed.

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 NATIONAL MOOT COURT COMPETITION JANUARY 19-21, 2024

• Use of any electronic gadgets is not permitted during the course of oral proceedings.
• Teams shall not disclose, in any manner whatsoever, for the entire duration of the Rounds,
either their own individual identities or the identity of the institution that they represent, even if
asked by the judges.
• Teams can pass on compendium of the sources they cite in their Memorials if so permitted by
the judges.
• Team scores shall not be disclosed after every round. Teams must not make any attempt to
gather any such information, until notified by the Organizing Committee.
• In case of absence of any team or failure of any team to reach in any of the oral submissions
round will render disqualification of the team for that round. In such a case, their opponent shall
make their oral submissions ex parte and the calculations shall be made accordingly.
• The oral arguments should be confined to the issues presented in the memorial. Discrepancy
shall not be permitted.
• The researcher may sit with the speakers during the oral submissions. However, No Researcher
of any Team shall be permitted to address the Panel.

Ø Evaluation shall be done on the basis of following criteria:

Particulars Marks
Articulation of Issues 20
Presentation Abilities and Citation of Authorities 20
Court Mannerism 20
Application of Legal Principles 20
Response to the queries of Court 20

Ø Any Team which violates any of the Rules with respect to the Oral Pleading Sessions would
be penalized. The decision of the Bench shall be final in this regard.

VIII. CONDUCT OF THE ORAL ROUNDS

Ø Preliminary Round
•Draw of Lots: The matchup of teams in Preliminary Round shall be
Determined on the basis of draw of lots.
• Each team will get 20 minutes to present their case. Total of 5 minutes can be reserved for
Rebuttal, subject to the discretion of Judges. These 5 Minutes are exclusive of the 20 minutes
given to each team.
• The timing can be divided between both the speakers according to the wish of the team subject
to a maximum of 12 minutes and minimum of 08 minutes per speaker.
• Each team shall argue from both the sides in the Preliminary Rounds.
• Only one (1) speaker from each team shall be permitted to rebut/sur-rebut.

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NATIONAL MOOT COURT COMPETITION JANUARY 19-21, 2024

• In the preliminary round, the team with the higher aggregate speaker scores in the courtroom
(including the rebuttal scores) shall win that round.
• If there is a tie in the aggregate speaker scores in case of a division bench, then the team with the
higher memorial scores shall win that round.
• The top 8 teams based on their Win/Loss ratio and Total Preliminary Score in the Preliminary
Round, shall qualify for the Quarter Final Round. Following shall be the system for determining
the teams that advance to the Quarter Final Rounds:

Ø Quarter final Rounds

• Eight teams based on the result of the Preliminary Round will qualify for the quarter- finals. The
team shall argue only once in the quarter-finals. The side on behalf of which the team shall
argue for the quarter-finals shall be decided by way of draw of lots prior to the Quarter Final
Round.
• The quarter-finals shall be a knock-out round.
• Each team is allotted a total of 20 minutes to present their oral arguments.
• The timing can be divided between both the speakers according to the wish of the team subject
to a maximum of 12 minutes and minimum of 08 minutes per speaker.
• The time division has to be informed to the Court Manager/Clerk before the beginning of the
oral arguments.
• A maximum of 5 minutes may be reserved per team for rebuttal and sur- rebuttal which shall be
at the discretion of the judges which shall be exclusive of the above time limits.
• The allotment of extra time shall be at the discretion of the judges.

Ø Semi-Final Rounds
• Four teams from the Quarter-Final Round shall qualify for the Semi-Final Rounds.
• Semi-Final Rounds shall also be knock out rounds.
• Each Team shall argue only one side in the semi-finals, the side of which shall be decided by the
way of the draw of lots.
• Each team shall be allotted a total of 30 minutes to present their oral arguments.
• The time division can be divided between both the speakers as per the discretion of the teams
subject to a maximum of 17 minutes and minimum of 13 minutes per speaker.
• A maximum of 5 minutes may be reserved per team for rebuttal and sur- rebuttal which shall be
at the discretion of the judges. The said 5 minutes shall be exclusive of the above time limits.
• The allotment of extra time shall be at the discretion of the judges. Any time extension without
due permission of the judges shall invite negative marking.

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 NATIONAL MOOT COURT COMPETITION JANUARY 19-21, 2024

Ø Final Round
• In the final round, the win-loss shall be decided on the basis of the aggregate score. No
memorial score shall be added in the finals.
• Each team shall be allotted a total of 45 minutes to present their oral arguments.
• The time division can be divided between both the speakers as per the discretion of the teams
subject to a maximum of 25 minutes and minimum of 20 minutes per speaker.
• This time division has to be informed to the Court Masters/ Clerks before the start of Oral
Arguments.
• A maximum of 5 minutes may be reserved per team for rebuttal and sur- rebuttal which shall be
at the discretion of the judges. The said 5 minutes shall be exclusive of the above time limits.
• The allotment of extra time shall be at the discretion of the judges.
Any time extension without due permission of the judges shall invite negative marking.

X. RULES FOR WRITTEN SUBMISSION/MEMORIAL EVALUATION

Teams shall prepare and submit memorials from both the sides. Late submissions beyond the
stipulated time shall be penalized according to the format mentioned herein in this section.
• Format of memorial
Body of the memorial shall include:

The cover page with the cause title

Table of contents
List of Abbreviations
Index of Authorities
Statement of Jurisdiction
Statement of facts
Statement of issues
Summary of Arguments
Arguments Advanced
Prayer

• The font of the body of the memorial should be in the following format:
Font of the body of the memorial : Times New Roman, size 12,
Line spacing: 1.5
Heading: Font size 14
The font to the foot notes: Times New Roman, size 10. Alignment: Justified
Teams shall cite all authorities in the Written Submission using footnotes following the Bluebook
Method of Citation (20th edition).
NOTE: Footnotes should be limited only to citations and in no case shall footnotes contain additional
information or arguments. Any such attempt shall invite Negative Marking.
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 NATIONAL MOOT COURT COMPETITION JANUARY 19-21, 2024

XI. Additional Rules for Memorial Submission:

a) Pages should be numbered at the bottom middle.
b) All the Memorials Received within the time schedule will be evaluated by the MEC.
c) The Evaluation done by the MEC will be final and binding.
d) Each team shall send two hardcopy of each side to the organizers within the time limits
prescribed in the rules. Any difference in the hardcopy and the softcopy submitted will attract
disciplinary action as per the discretion of MCC.
e) The teams will have to send 2 hard copy of the memorial from each side in adherence to the
dates provided in the rulebook.
f) The memorials shall not contain any form of identification apart from the team code.
g) If any such identification or mark, symbol, etc. which has the effect of identifying the team is
found on the memorial, then it shall result in instant disqualification.
h) The memorial shall be of a maximum of 35 pages including the cover page and Pleadings. No
annexure, photographs, exhibits, etc. should be added to the memorial.
i) Each Memorial shall have the following and only the following on its cover page:
j) The team code on the upper right-hand corner of the cover page
k) The name and place of the forum
l) The relevant legal provision under which it is filed
m) Name of parties and their status
n) On whose behalf the memorial is filed.

XII. SUBMISSION OF THEMEMORIALS:

• Participants have to send the soft copy of the Memorials, one from the appellant and other from
the respondent (both in Word and PDF format) side. They must be uploaded on the Google
form, the link for the same shall send in due course latest by January 6, 2024 (23:59 hours IST)
with the subject “Memorials for Team Code”. The file names of the electronic copies of the
Memorials must contain only the team code and the side being represented in the following
format: e.g. (for Team Code TM01) TM01 (A) or TM01(R)).
• The deadline for submission of two hard copy of the memorial for all participants will be January
16, 2024 by (23:59 hours IST). The teams must send Two(2) hard copy of their Memorials from
each side to the following address:
Address: Faculty of Law, GLS University, GLS Campus,
Opp.Law Garden,Ellisbridge, Ahmedabad-380006, Gujarat.
• The content of these additional memorials should not differ from the content of the soft
copies submitted to the Organizers.
• Petitioner memorials are required to have a Blue cover and Respondent memorials are
required to have a Red cover.

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 NATIONAL MOOT COURT COMPETITION JANUARY 19-21, 2024

The Memorial shall be evaluated on following parameters:

Description Marks
a) Knowledge and Presentation of Facts 20
b) Knowledge of Law 20
c) Extent and Use of Research 20
d) Authorities Cited 15
e) Format 15
f) Overall Draft 10

XIII. PENALTIES [MEMORIALS]:

Late Submission 3 marks per memorial every 12 hours after

the deadline of submission. Disqualification
beyond 48 Hours.
Wrong File Name 1 mark per Memorial

Failure to submit Memorial as one File 1 mark per Memorial

Exceeding page limits 1 mark per exceeding page

Failure to include the sections in 3 marks per section

the Memorial

Failure to include the required 1 mark per violation

information on the cover page

Failure to use the correct color coding 2marks per Memorial

XIV. TIE BREAKER:

In the event of tie between the marks of two teams, following criteria shall be considered in order of
their mentioning:-

1. Preliminary Round
a. Memorial Marks
b. Application of legal principles

2. Quarter–finals
a. Memorial marks.
b. Response to the queries of the Court.

3. Semi-finals
a. Memorial marks.
b. Response to the queries of the Court.

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NATIONAL MOOT COURT COMPETITION JANUARY 19-21, 2024

XV. CATEGORIES OF THE AWARDS

(TOTAL CASH PRIZE OF RS. 5 LACS 46 THOUSAND)

Sr. No. Description Marks

1 Trophy and Certificate to the Winning Team 2,25,000
2 Trophy and Certificate to the First Runners Up Team 1,50,000
3 Trophy and Certificate to Best Advocate:
Petitioner: 50,000
Respondent: 50,000

4 Trophy and Certificate to Best Memorial:

Petitioner: 25,000
Respondent: 25,000

5 Trophy and Certificate to Best Researcher 21,000

In case of any Queries and Clarifications feel free to contact us at mootcourt@glsuniversity.ac.in

XVI. INTERPRETATION OF THE RULEBOOK

• The interpretation of these rules by the organizer shall be conclusive. The decision of the
organizers for the above stated rules shall be final and binding to the participating teams.
• Rules should be strictly adhered to. Any deviation from the above stated rules would attract
penalties at the discretion of the MCC.
• All Participants are expected to maintain decorum in the Court during the competition and
are expected to conduct themselves in a manner befitting the legal profession. The
Organizers reserve the right to take appropriate action for any unethical, unprofessional
and immoral conduct.
• The Organizers’ decision as regards the interpretation of rules or any other matter related
to the competition will be final and binding.
• If there is any situation which is not contemplated in the rules, the Organizers’ decision on
the same shall be final and binding.
• The Organizers reserve the right to vary, alter, modify, or repeal any of the above rules
without any prior notification if so required and as they may deem appropriate. In case of
any grievance, the team shall register a complaint with the Student Coordinator and shall
not approach the Bench of judges or any other faculty/office holder for the same.
• All the above stated rules are inclusive for the competition.

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 NATIONAL MOOT COURT COMPETITION JANUARY 19-21, 2024

MOOT PROPOSITION
1. The Earth is home to a diverse array of life, with 8.7 million species coexisting alongside a
human population of over 7 billion. The rapid progression of technology has made electronic
and electrical products indispensable in our daily lives, yet their relatively short lifespans
contribute to a substantial annual e-waste generation of 2.5 million tonnes. This alarming trend
is projected to scale up to a staggering 74.7 million tonnes by 2030, posing a grave threat to our
planet and exposing the environment and the creatures within to toxic wastes.
2. Indiva is currently one of the world's fastest-developing countries and is also the world's largest
democracy, boasting the highest population globally. The government of Indiva follows a quasi-
federal system and is renowned for having the world's lengthiest constitution, which
safeguards its citizens' fundamental rights as outlined in Part III of the Constitution. Over the
past two decades, Indiva's economy has experienced rapid growth, with numerous
multinational companies successfully operating within the country. This rapid economic growth
has also brought about changes in the business landscape, with the increased utilization of
electronic devices across various sectors, including information technology, professional
vocations like medicine, science and technology, legal profession etc.
3. The rise of digitalization has resulted in a significant increase in the widespread use of various
electronic devices. This surge in technology-driven advancements has led to a heightened
demand for electronic gadgets. Desktop computers, laptops, televisions, washing machines,
and refrigerators have become essential household items, even in rural areas of Indiva .
Consequently, Indiva has emerged as one of the largest markets for electronic devices globally.
. In the picturesque hinterlands of Kambhul, a serene rural district nestled in the northern region
of the State of Rudrapur, a pressing environmental crisis is unfolding. The issue at hand revolves
around electronic waste (e-waste) stemming from various origins, including households,
businesses, and industries, being unlawfully disposed of and incinerated near the tranquil
Kambhul river. The resulting pollution has wrought havoc upon the local ecosystem and has
taken a toll on the health of the community residing there. This dire situation has catalyzed the
need for a safe and efficient method of electronic waste disposal, thereby giving rise to an
entirely new industry. The proper disposal of e-waste is an issue that extends far beyond the
boundaries of the local environment. In today's world, where the usage of digital devices such as
computers, cell phones, monitors, and various other electronic equipment is on the rise, the
presence of toxic elements like chromium, radium, and beryllium within these gadgets poses a
significant threat to both human life and the environment. Notably, Indiva has gained the
infamous distinction of being the "Third largest electronic waste producer in the world." With
changing consumer behaviors and the rapid growth of the economy, the management of e-
waste has become an increasingly critical concern.
5. With the need of the time the Government of Indiva in October 2016, came up with the E-waste
Management Rules, 2016 ,under which various agencies were set up for E-Waste dismantling
/recycling units in the country for the E-waste management. There are more than 500
authorized E-Waste dismantling /recycling units in the country which are located in more than
20 states and few UTs. Out of these agencies, most of them work in a very formal manner and
few of them work in a very informal manner.

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6. In a rapidly advancing digital age, where information is power, the "Digital Divide" has emerged
as a critical issue facing societies worldwide. Indiva, has recently experienced a significant
technological revolution, making internet access and digital devices ubiquitous. The
government of Indiva, recognizing the importance of digital literacy and access, initiated the
"Digital Inclusion Bill" in 2017 aimed at ensuring that every citizen has affordable access to the
internet and essential digital tools. Even the United Nation has also stated that Internet is the
basic right of every Individual.
7. Indiva's Digital Inclusion bill, 2017, proposes to mandates internet service providers (ISPs) and
device manufacturers to contribute to a government-operated fund, the "Digital Inclusion
Fund," designed to subsidize internet access and provide affordable digital devices to low-
income citizens. The bill also requires educational institutes to adopt digital learning materials,
further emphasizing the importance of igital inclusion.
8. Shardnagar is an industrial area in Kambhul district, with various industrial plants. It is a totally
unauthorized and non-conforming area in which about 50 to 60 highly polluting units are
illegally operating. These units are engaged in the illegal activity of burning of E-waste in and out
of their units on an everyday basis. These units burn approximately 40-50 tons of E-Waste daily
which has made the environment of the region toxic. The formally functioned ‘GreenTech
Recycling Agency’ is a private limited Company, established in Shardnagar industrial area of
Kambhul. It is set up for the disposal of e-waste and is functioning as per the provisions of the
Indiva E-Waste (Management) Rules, 2016. These rules govern the proper disposal, collection,
recycling, and management of electronic waste within the jurisdiction of Indiva and outlines the
responsibilities and obligations of entities involved in e-waste management in Indiva.
Specifically, the units are dealing with the disposal of e-wastes from the electronic items like
computers, laptops, printers and mobiles phones which are causing severe health hazards for
people engaged in the segregation of the e-waste. Kambhul is facing significant challenges in
managing the growing volume of e-waste as the existing recycling infrastructure is insufficient,
resulting in improper disposal and environmental hazards.
9. GreenTech Recycling Agency Pvt. Ltd., an authorized E-waste collection and dismantling entity
endorsed by the Radrapur Pollution Control Board (RPCB), is dedicated to addressing the
pressing issue of electronic waste (E-waste) with a comprehensive, environmentally responsible
approach. As per their website, their mission is to combat the environmental hazards posed by
E-waste by efficiently collecting and processing electronic devices such as computers, mobile
phones, and televisions, eliminating toxic substances, and making E-waste reusable. With a
commitment to sustainability, their team of experienced professionals utilizes cutting-edge
technology, ensuring responsible and eco-friendly E-waste management, thus contributing to a
cleaner and healthier environment.
10. Green Tech Recycling Agency Pvt. Ltd. Claims to have positioned itself as environmentally
responsible, emphasizing recycling, proper disposal, and adherence to environmental
regulations. This reputation helped those secure partnerships with various electronic
manufacturers for responsible disposal of their end-of-life products. It expanded its operations
to multiple locations in Indiva, including the district of Kambhul, where it established a recycling
plant. This facility was seen as a potential boon for the local economy due to the promise of
training regarding e-waste management, job creation and environmental benefits.

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11. However, in 2020, GreenTech Recycling Agency Pvt. Ltd. faced allegations of engaging in illegal
e-waste disposal practices, including improper storage, unauthorized dumping, and
environmental pollution in the vicinity of their Kambhul facility. It was observed that the unit had
stored the e-waste for more than 200 days and had not maintained a proper record of disposal.
There were allegations of burning E-waste in and out of their units on everyday basis. These
allegations have cast a shadow over the company's once-positive image and now faces public
scrutiny and a potential loss of trust in its environmental commitment. Number of news media
and social media personnel also tried to highlight the sudden illegal activities engaged by
GreenTech Recycling Agency Pvt. Ltd..
12. The establishment of GreenTech Recycling Agency was with noble intentions. They promised to
dispose of electronic waste safely, adhering to the strict regulations set by the Ministry of
Environment and Forests and Climate Change (MoEFCC). As the agency gained the trust of local
manufacturers, it became the primary destination for e-waste disposal in the area. Over a
period of time, rumors began to circulate And the whispers of toxic emissions, contaminated
groundwater, and improper disposal practices plagued the agency's reputation. Residents and
various NGOs raised serious issue and questions regarding their E-waste management. Taking
the initiative to curb it, an environmentalist and activists Mr. Aakash Kapoor, grew increasingly
suspicious about the disposal management issue. Mr. Aakash Kapoor decided to investigate the
agency's operations, and what he found was deeply troubling. Akash Kapoor and Green Earth
Foundation, a non-governmental environmental organization, filled an application in the
National Green Tribunal (NGT) against GreenTech Recycling Agency Pvt. Ltd.
13. The Tribunal appointed a committee to look after the whole issue and sent the suo motto notice
to the State and Central Pollution Control Board. The Central Pollution Control Board and the
State Pollution Control Board were told to give a report of the steps taken by the board to curb
the pollution. The research conducted by the Indiva Environmental Research Institute presents
an assessment of the environmental conditions in the Kambhul region prior to the emergence
of e-waste mismanagement issues. It includes data on soil quality, water quality, and air quality,
as well as an analysis of the local ecosystem. The agency was secretly dumping e-waste in
unregulated landfills and releasing untreated toxic effluents into nearby rivers. Soil tests
confirmed hazardous levels of heavy metals and chemicals, painting a grim picture of
environmental degradation.
14. In September 2019 a correspondent for a popular international travel website posted:
As I ventured deeper into the heart of the picturesque town of Kambhul known for its serene
landscapes and vibrant culture, there was an underlying sense of unease that I couldn't ignore.
The pristine river that once flowed through the town now bore the scars of a silent, yet
devastating, environmental crisis.
As I approached the riverbank, the gentle breeze carried with it an unusual metallic tang, a
discordant note in the otherwise tranquil surroundings. It was as if the river itself whispered
secrets of contamination and distress. The water, which should have reflected the clear blue
skies above, instead bore a murky, disquieting hue.

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he locals, with concern etched on their faces, shared tales of the river's transformation.
Fishermen, once abundant, had dwindled in number, and those few that remained were no
longer the vibrant catch of the day. The soil in the nearby farms, once fertile, now harbored a
toxic shadow, rendering agriculture a perilous endeavor.
It was here, on the banks of this once-thriving river, that the harsh reality of electronic waste
mismanagement revealed itself. The river's woes were a testament to the devastating
consequences of negligence in the disposal of electronic waste, a global challenge that has now
struck at the heart of this idyllic town.
This encounter with the polluted river left me pondering the responsibilities we bear as
stewards of the Earth, reminding me that every action, every piece of discarded technology, has
an impact that extends far beyond our immediate surroundings. It is a stark reminder of the
urgent need for responsible e-waste management and a call to action to protect the natural
wonders that make our world so enchanting.
15. The CPCB along with State PCB carried out monitoring of water quality of the rivers in question.
At few stretches water quality was found deteriorated as compared to other stretches. The SPCB
also stated that the five members teams are formed for inspection of all the units , and more
than 25 units are closed due to illegal activity. The area in which these activities were being
carried out ranges from 30 to 100 Square meters and are of a very tiny scale. In most of the
premises, it was observed that the owner(s) themselves are carrying out the labour work. They
also stated that the said drive is continuing till the entire area is covered. The Board also stated
that regular survey and actions are taken against those unit which do not comply with the E-
waste management rules.
16. In the NGT's judgment passed in August 2021, GreenTech Recycling Agency Pvt Ltd. was fined
with 150 crores for the restoration of the environment and its negligence and improper disposal
practices. The MoEF was directed to strengthen E-waste Management regulations and improve
oversight. While this was a significant step towards accountability and environmental
protection, Aakash Kapoor and the environmental coalition believed the penalties imposed on
GreenTech were insufficient given the extent of environmental damage.
17. Aakash Kapoor, driven by his unwavering commitment to environmental justice, decided to
challenge the NGT verdict in the Supreme Court of Indiva. He believed that GreenTech's actions
warranted more severe consequences and that the MoEF should be held to even stricter
standards for oversight. GreenTech Recycling Agency Pvt. Ltd, too, was unhappy with the NGT's
decision. and believed they that were being unfairly penalized and sought to have the fines
reduced.
18. In the Hon’ble Supreme court there was a cross appeal And they are jointly heard
19. The appeal filed with the Supreme Court, Aakash Kapoor and the coalition of environmental
NGOs argued that:
• GreenTech's penalties should be increased to reflect the true extent of their negligence and
the harm caused to the environment.
• The MoEF should be held accountable for its lapses in oversight, and more robust
regulatory measures should be implemented to prevent future incidents.

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20. The appeal filed by the GreenTech Agency Pvt. Ltd. Argued that:
• The fines imposed were excessive and could jeopardize their ability to rectify their
operations and remain operational.
• They presented a revised plan for improving their recycling practices and committed to
comprehensive environmental remediation.
Both the Appeals are heard together by the Hon’ble Supreme Court and are kept for final
hearing.
The court has referred to the parties as original applicant and original defendant for the
convenience in the cross appeal.
Note: The Laws of Indiva are in Pari Materia to that of Indiva.
Disclaimer: The Problem is a hypothetical Moot Problem. It is only for the academic
purpose having no concern with any pending/decided cases before any court and all
details and names of the parties are fictitious and have nothing to do with reality even if
found similar it is only coincident.

Annexure: A
E-WASTE (MANAGEMENT) RULES OF INDIVA, 2016
In exercise of the powers conferred by sections 6, 8, and 25 of the Environment (Protection) Act
of Indiva, 1986, the Central Government of Indiva hereby makes the following rules, namely:
1. Short Title and Commencement:
(1) These rules may be referred to as the E-Waste (Management) Rules of Indiva 2016. (2) They
shall come into effect on the date of their publication in the Official Gazette of Indiva.
2. Definitions:
In these rules, unless the context otherwise requires:
(a) "Act" means the Environment (Protection) Act of Indiva, 1986;
(b) "e-waste" means electrical and electronic equipment, whole or in part discarded as waste by
the consumer or bulk consumer as well as rejects from manufacturing, refurbishment, and
repair processes;
(c) "bulk consumer" means an end-user in Indiva who uses electrical and electronic equipment
in substantial quantities and is recognized as such by the Central Pollution Control Board of
Indiva.
(d) "manufacturer" means a company or an establishment or an agency in Indiva which is
involved in the manufacture of electrical and electronic equipment;
(e) "recycler" means a person engaged in the recycling or reprocessing of electrical and
electronic equipment or assemblies or their components;
(f) "Producer responsibility organization" means an organization authorized by the Central
Pollution Control Board or State Pollution Control Board of Indiva as the case may be, to
operate the Extended Producer Responsibility Scheme on behalf of producers.

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3. Responsibilities of Manufacturers in Indiva

(1) Every manufacturer in Indiva shall:
(a) Ensure that their products are designed in a manner that facilitates their recycling and
reduces hazardous substances in their products.
(b) Establish a collection system or take-back system for e-waste generated from the "end-of-
life" of their products in Indiva
(c) Ensure that e-waste collected in Indiva is properly channeled to authorized recyclers or
registered dismantlers.
(d) Maintain records of e-waste collected and disposed of in Indiva and make such records
available for scrutiny by the concerned authorities.
4. Extended Producer Responsibility in Indiva
(1) Producers in Indiva shall be responsible for implementing the Extended Producer
Responsibility (EPR) principle.
(2) Producers in Indiva shall ensure the environmentally sound management of e-waste
generated as a result of the "end-of-life" of their products.
5. Penalties in Indiva
(1) Any contravention of these rules in Indiva shall attract penalties as specified under the
Environment (Protection) Act of Indiva 1986, and other relevant laws.

ANNEXURE B: ENVIRONMENTAL IMPACT ASSESSMENT REPORT

Environmental Impact Assessment Report for the Indiva
E-Waste Management Case
I. Introduction
This Environmental Impact Assessment (EIA) Report has been prepared in response to the
concerns raised in the case of Akash Kapoor and Green Earth Foundation v. GreenTech
Recycling Agency Ministry of Environment and Forest. The purpose of this report is to assess the
extent of environmental damage caused by e-waste mismanagement and its impact on the
region of Indiva
II. Methodology
The assessment was conducted over a period of six months by a team of qualified
environmental experts and scientists. The following methodologies were employed:
1. Site Visits: Multiple site visits were conducted to assess the condition of e-waste disposal
sites, manufacturing facilities, and affected ecosystems.
2. Sampling and Analysis: Soil, water, and air samples were collected from various locations
and analyzed for the presence of heavy metals, chemicals, and pollutants associated with e-
waste.

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3. Ecosystem Assessment: The impact of pollution on local flora and fauna was studied,
including observations on changes in biodiversity.
III. Findings
The findings of this assessment reveal the following key points:
1. Soil Contamination: Soil samples collected from areas surrounding e-waste disposal sites
exhibited elevated levels of heavy metals, including lead, cadmium, and mercury, far
exceeding permissible limits.
2. Water Pollution: Water samples from nearby rivers and streams showed contamination
with hazardous substances such as polychlorinated biphenyls (PCBs) and polybrominated
diphenyl ethers (PBDEs), causing harm to aquatic life and posing potential risks to human
health.
3. Air Quality Degradation: Air quality in the vicinity of e-waste disposal sites was found to be
compromised, with elevated levels of volatile organic compounds (VOCs) and particulate
matter (PM) contributing to respiratory problems among residents.
4. Ecosystem Impact: The assessment identified a decline in local biodiversity, with certain
species of fish, birds, and insects disappearing from the region, indicating significant
ecosystem disruption.
IV. Conclusion
The Environmental Impact Assessment demonstrates that e-waste mismanagement in Indiva
has led to severe environmental consequences, including soil and water contamination, air
quality degradation, and adverse effects on local ecosystems. Urgent action is required to rectify
these issues and implement responsible e-waste management practices to safeguard the
environment and public health.

ANNEXURE C: EXPERT WITNESS STATEMENTS

Expert Witness Statements for the Indiva E-Waste Management Case
Statement 1: Dr. Priya Sharma
Dr. Priya Sharma is an Environmental Scientist with expertise in soil and water contamination.
I, Dr. Priya Sharma, hereby submit my expert witness statement in the matter of XYZ
Environmental Foundation v. GreenTech Recycling Agency. I have conducted extensive research
and analysis in the Indiva region regarding the impact of e-waste mismanagement on the
environment.
Based on my findings, it is evident that the e-waste mismanagement practices, as alleged in this
case, have resulted in severe soil contamination. Soil samples collected from areas surrounding
e-waste disposal sites indicate the presence of hazardous heavy metals, such as lead, cadmium,
and mercury, at levels that far exceed permissible limits. This contamination poses significant
risks to both the environment and human health, as it can lead to the bioaccumulation of these
toxic substances in the food chain.
I am available to provide expert testimony and further clarification on my findings during the
proceedings.
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Statement 2: Dr. Rajesh Verma

Dr. Rajesh Verma is an Air Quality Specialist with expertise in monitoring and assessing air
pollution.
I, Dr. Rajesh Verma, hereby submit my expert witness statement in the case of XYZ
Environmental Foundation v. GreenTech Recycling Agency. My expertise lies in the assessment
of air quality and its impact on public health.
Based on my extensive research and analysis in Indiva it is evident that e-waste
mismanagement has led to significant degradation in air quality in the vicinity of e-waste
disposal sites. Monitoring data shows elevated levels of volatile organic compounds (VOCs) and
particulate matter (PM), which are known to have adverse effects on respiratory health and
overall well-being. This air pollution poses a direct threat to the health and safety of the local
population.
I am available to provide expert testimony and additional information regarding the effects of
air pollution resulting from e-waste mismanagement.

Statement 3: Dr. Ananya Singh

Dr. Ananya Singh is an Ecologist with expertise in biodiversity and ecosystem analysis.
I, Dr. Ananya Singh, hereby submit my expert witness statement for the case of XYZ
Environmental Foundation v. GreenTech Recycling Agency. My field of expertise revolves around
the study of ecosystems and biodiversity.
Upon conducting a comprehensive assessment of the Indiva region, it is clear that e-waste
mismanagement has had a profound impact on local ecosystems. Observations reveal a decline
in biodiversity, with certain species of fish, birds, and insects disappearing from the affected
areas. This disruption in the ecosystem can have far-reaching consequences and must be
addressed urgently to restore ecological balance.
I am available to provide expert testimony and detailed insights into the ecological implications
of e-waste mismanagement.

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