1st Amity University Kolkata State Level Moot Court Competition Moot Problem 1.

Green Ltd. is a company that has a turnover of about INR 7 Cr per annum,

has set up a small manufacturing unit near the Kolkata Maidan area which is under the state of West Bengal. 2.

The said industry was established in 1991; however during 2012 the

industry started manufacturing some substances that are allegedly harmful towards the environment. 3.

Green Pvt. Ltd. has obtained licence to produce such goods from the

required authorities. Green Pvt. ltd has also paid all and fees in order to produce the goods. The said production took place after all clearances were obtained from the Kolkata Municipal Corporation. 4.

It was observed that there is free green space and the Ganges River is very

near that industry. It is alleged that the land, water, air and noise pollution are being 5.

caused

due

the

activity

of

the

said

industry.

A newly formed NGO, called “Parivesh”, member of has decided to invoke

the jurisdiction of the High court at Calcutta under Art 226 of the Constitution of India to seek appropriate remedy and relief. 6.

The said NGO had filed an FIR with the local police station where

appropriate non bailable charges were added by the Ld Chief Metropolitan Magistrate and also an order for preventing nuisance was passed under Sec 144 of the code of Criminal Procedure was passed as well but no action has been taken by the state till now.