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LRMC PSDA Moot Problem - Final

The Republic of Vedanta is facing criticism for prioritizing industrial growth over environmental protection, particularly with the approval of the Vedanta Green Energy Corridor project, which has raised concerns about deforestation and displacement of indigenous tribes. Environmental groups have challenged the project's clearance and the Environment (Expedited Clearance) Amendment Act, 2024, arguing that it undermines constitutional rights to a clean environment and public participation. The High Court upheld the government's stance on development, leading to further legal challenges in the Supreme Court regarding the constitutionality of the expedited clearance process.

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14 views2 pages

LRMC PSDA Moot Problem - Final

The Republic of Vedanta is facing criticism for prioritizing industrial growth over environmental protection, particularly with the approval of the Vedanta Green Energy Corridor project, which has raised concerns about deforestation and displacement of indigenous tribes. Environmental groups have challenged the project's clearance and the Environment (Expedited Clearance) Amendment Act, 2024, arguing that it undermines constitutional rights to a clean environment and public participation. The High Court upheld the government's stance on development, leading to further legal challenges in the Supreme Court regarding the constitutionality of the expedited clearance process.

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sakshammpuri72
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STATEMENT OF FACTS

1. The Republic of Vedanta is a developing nation with a rapidly growing economy. Over the past
decade, industrialization and urbanization have surged, contributing to a significant rise in
pollution levels. The government, while promoting industrial growth, has been criticized for its
lack of stringent environmental regulations. The government is torn between Development on one
hand, and Environmental protection on the other. It has also been said that government deliberately
lowers down their rules and regulations under the garb of Ease of Doing Business.

2. In 2023, the Union of Vedanta approved a large-scale industrial project—the Vedanta Green
Energy Corridor (VGEC)—aimed at boosting the country’s renewable energy capacity. The
project involved constructing solar and wind farms over 200,000 hectares, spanning across three
states: Sunstra, Greendale, and Aquaterra. The project was also granted clearance by the Vedanta
Environmental Protection Authority (VEPA) under the Environmental Protection Act, 2015,
despite significant opposition from local communities and environmental organizations. The
clearance process allegedly bypassed mandatory public consultations and disregarded
environmental impact assessments (EIA) that indicated significant deforestation and displacement
of indigenous tribes.

3. Several environmental groups, including People for Clean Air (PCA), filed complaints claiming
that the project would:

A. Destroy over 150,000 hectares of forest land, leading to habitat loss and biodiversity depletion

B. Increase carbon emissions due to deforestation, contrary to the renewable energy project's goals
and,

C. Violate the right to a clean and healthy environment, guaranteed as part of the right to life under
Article 21 of the Constitution of Vedanta.

4. In 2024, the Parliament of Vedanta passed the Environment (Expedited Clearance) Amendment
Act, 2024, which streamlined the approval process for large-scale infrastructure projects, reducing
the EIA and public consultation requirements. The Environmental groups again alleged that this
amendment was unconstitutional, claiming it diluted environmental safeguards and restricted the
right to public participation, violating Article 19(1)(a) and Article 21.

5. The government argued that the project was crucial for Sustainable Development and energy
security. It asserted that the right to development is a fundamental right enshrined in the Directive
Principles of State Policy (DPSP). The project would reduce the nation’s reliance on fossil fuels,
addressing long-term climate change concerns. The amended law was within the legislative
competence of the Parliament under Article 246, as it pertained to the Union List.

6. In 2025, the High Court of Sunstra dismissed the environmental groups' challenge, holding that
the right to development and economic growth takes precedence over potential environmental
harm, which can be mitigated through compensatory afforestation programs.

7. People for Clean Air (PCA) filed a Special Leave Petition (SLP) before the Supreme Court,
arguing that the Environment (Expedited Clearance) Amendment Act, 2024, violates the right to
life and clean environment under Article 21. The expedited clearance process breaches the
principles of natural justice and undermines the constitutional right to participate in environmental
decision-making. The government’s actions disproportionately infringe on the rights of indigenous
communities, violating Article 14 and 19(1)(a).

LEGAL ISSUES

1. Whether the Environment (Expedited Clearance) Amendment Act, 2024, violates the
fundamental right to a clean and healthy environment under Article 21 of the Constitution of
Vedanta.

2. Whether the government’s decision to bypass public consultations and expedite environmental
clearances violates the principles of natural justice and the constitutional right to participation
under Articles 14 and 19(1)(a).

3. Whether the large-scale displacement of indigenous communities and destruction of forest land
violates the constitutional rights of local and tribal communities under Articles 14, 19, and 21.

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