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BEFORE THE HON’BLE SUPREME COURT OF INDIA

UPON SUBMISSION TO THE HON’BLE CHIEF JUSTICE AND HIS COMPANION

JUSTICES OF THE SUPREME COURT OF INDICA

CIVIL WRIT JURISDICTION

UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA

CIVIL WRIT NO………../2016

CLUBBED WITH

WRIT NO………../2016

IN THE MATTER OF

MODERN SCHOOL OF ENVIRONMENT STUDIES AND ORS.

….PETITIONERS

UNION OF INDIA

….RESPONDENT

WRITTEN SUBMISSION ON BEHALF OF THE PETITIONER

MEMORIAL FOR THE PETITIONER

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TABLE OF CONTENTS
List of Abbreviations
Index of Authorities
Statement of Jurisdiction
Statement of Facts
Arguments Presented
Summary of Arguments
Arguments Advanced
Issue I
Issue II
Prayer

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LIST OF ABBREVIATIONS

AIR All India Reporter

COI Constitution of India
& And
ANR. Another
Art. Article
Del. Delhi
ed. Edition
ER English Reporter
Hon’ble Honourable
HC High court
LJ Law Journal
No. Number
r/w. Read With
SC Supreme Court
SCC Supreme Court Cases
SCR Supreme Court Reporter
U.S.C United States Code
v. Versus

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STATUTES REFERRED

1. The Constitution of India, 1950

2. Motor Vehicle Act-1988
3. The Air (Prevention and Control of Pollution) Act, 1981
4. The Environment Protection Act, 1986

BOOKS AND COMMENTARIES REFERRED

1. MP. JAIN, INDIA CONSTITUTIONAL LAW, 6 ED. LEXIS NEWS

BUTTERWORTHS WADHWA, NAGPUR 2010.
2. DURGA DAS BASU, "COMMENTARY ON CONSTITUTION OF INDIA", 8TH
ED. WADHWA AND COMPANY NAGPUR2007.

LEGAL LEXICONS REFERRED

BRYAN A. GARNER, BLACK'S LAW DICTIONARY (8TH ED. 2001).

TREATIES AND CONVENTIONS REFERRED :

THE RIO DECLARATION ON THE ENVIRONMENT AND DEVELOPMENT,1992

WEBSITES REFERRED

i. https://digiscr.sci.gov.in/
ii. https://indiankanoon.org/search/?formInput=civil%20writ
%20petition&pagenum=1
iii. https://www.sci.gov.in/
iv. www.manupatra.com

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STATEMENT OF JURISDICTION

The council on behalf of the petitioner humbly submits Memorandum of the Plaint invoking
PUBLIC INTEREST LITIGATION Article 321 of the Constitution of India seeking
appropriate remedy for valuation of Fundamental Rights guaranteed in PART III of the
Constitution of India.

Article 32 of COI state that

1) Right to move the supreme court by appropriate proceedings for the enforcement of
the issues conferred by the Part is guaranteed

2) The Supreme Court shall have power to issue directions or order including writs, in
the nature of Habeas Corpus, Mandamus, Prohibition, Quo Warranto & Certiorari,
whichever may be appropriate, for the enforcement of any of the rights conferred by
this Part

3) Without prejudice to the powers conferred on the Supreme Court by Clauses (1) &
(2), Supreme Court may be law empower any other court to exercise within the local
limits of its jurisdiction or any of the powers exercisable by the Supreme Court under
clauses (1) & (2). The Right guaranteed by this Article shall not be suspended except
as otherwise provided by the Constitution

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STATEMENT OF FACTS

1. The present environmental problems in Delhi, India, are a threat to the well-being of
the city's and area's inhabitants as well as the flora and fauna. Delhi, the sixth-most
populated metropolis in the world, is one of the most heavily polluted cities in India,
having for instance one of the country's highest volumes of particulate matter
pollution. This was corroborated by an announcement by the World Health
Organization, in May 2014, that New Delhi was the most polluted city in the world.

2. Overpopulation and the ensuing overuse of scarce resources such as water have put
pressure on the environment. The city suffers from air pollution caused by road dust
and industry, with comparatively smaller contributions from unclean engines in
transportation, especially diesel-powered city buses and trucks, and two-wheelers and
three-wheelers with two-stroke engines. Besides human and environmental damage,
pollution has caused economic damage as well.

3. On April 8, 2015, picking up several points brought out in the ‘Death by Breath’
series, an ongoing investigation on the quality of air in Delhi, the Delhi Green
Tribunal (DGT) issued a fresh ban on all diesel buses and trucks more than 5 years
old from plying in the National Capital Region. A day after that, the Delhi government
came up with a unique order of the era whereby the vehicles with odd and even
registration numbers will be allowed on alternate days from January 01, 2016. It also
passed an order to requisition school buses to ply as commercial, public buses after
school had ended in order to encourage the commuters of Delhi to take public
transport rather than rely solely on their private vehicles.

4. The Modern School of Environmental Studies, Delhi was plying school buses running
on diesel purchased in 2005 for school purposes, and coincidently, all the buses were
of the odd number series. This order of the Delhi government proved to be the last
nail in the coffin for the school.

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5. The Modern School of Environmental Studies was not the sole victim of the ban and
thus got the support of all the private schools of Delhi. And so, aggrieved by the
orders of DGT and the Delhi government, the Action Committee for Unaided
Recognized Private Schools,.

6. Delhi has filed a Writ petition in the Supreme Court against the DGT ban and the
Odd-Even formula order of Delhi government on the following grounds:

A. That taking the schools' own buses is in violation of Education Act which stipulates
that school's assets cannot be put to commercial use. The school buses are the assets
of the schools and allowing them for use as commercial vehicles shall amount to
violation of basic principles and provisions of DSEAR (Delhi School Education Act
and Rules) 1973.

B. That the insurance of school buses stipulates use of buses for students only. The
school buses are not permitted to be used for general public nor should the school
buses be used for hire.

C. That the road tax exemption also stipulates the buses shall not be used for any
commercial purposes.
D. That the Motor Vehicles Act prescribed a fitness test, and not the vehicle’s age, to
ascertain whether it should be allowed to ply or not. They also contended that the
DGT could not substitute by its order what has been written in the Motor Vehicles
Act, which did not put a ban on vehicles older than 5 years.

E. That it is further contended that such a ban is completely arbitrary, and raised the
argument that it is not the College who is responsible for making Delhi a gas chamber.

7. A group of public-spirited individuals also filed a Public Interest Litigation before the
Supreme Court of India, Delhi. While the ban on diesel buses and trucks older than
five years did not directly affect private individuals, the Odd-Even formula did,

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especially those who have to commute to work and also persons with disabilities and
other vulnerable groups who rely on their personal means of transport to get by.

8. The writ petition was based on allegations of the violation of the fundamental rights
of the citizens – including Articles 14, 19 and 21 of the Constitution of India. They
also averred that the decision was made without any informed public discussion or
debate, and without paying attention to the particular circumstances of India which
are different from those of other countries where this rule has previously been
implemented.

The matter lies pending before the Supreme Court of India for final arguments and decisions.

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ISSUES RAISED

ISSUE I

Whether the petition filed under Article 32 is maintainable or not?

ISSUE II

Whether the odd-even scheme implemented by Govt of Delhi violative of Fundamental

Rights?

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SUMMARY OF ARGUMENTS

Issue -I Whether the petition filed by the petitioners maintainable in the Hon'ble
Supreme Court of India?

It is most humbly submitted that the present public interest litigation (PIL) is maintainable
under Art.32 of the Constitution on the grounds that the Fundamental Rights of Freedom &
Liberty, Equality and Livelihood have been violated. Further, it is contended that there is no
need to exhaust the alternate remedies. Such disregard for the Constitutional rights. accord
the petitioner locus standi to lifeline the PIL before this Hon'ble Court.

Issue-II Is the odd-even scheme implemented by the Govt of NCT Delhi violative of
Fundamental Rights under the COI?

It is most humbly submitted that the odd-even scheme implemented by Government of Delhi
is violative of the fundamental rights as it violates various fundamental rights such as Art. 21
of the constitution which is the right to life and personal liberty, but due to the
implementation of such a scheme citizens are unable to exercise their rights of liberty.
Art.19(1)g is also violated as the scheme restraints the practice of the profession of
commercial vehicle drivers. It also violates Art. 14 of the constitution because the middle-
class and lower-class people are affected much more than the upper-class people though both
of them contribute to polluting the air equally.

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ARGUMENTS ADVANCED

MEMORIAL FOR THE PETITIONER