11th Probono Information Booklet
11th Probono Information Booklet
11th Probono Information Booklet
CONTENTS
1. OFFICIAL INVITE 3
2. MOOT PROPOSITION 4
4. SCHEDULE 23
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11THPRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2017
OFFICIAL INVITE
We warmly welcome you to the 11th Edition of the Pro Bono Enviro National Moot Court
Competition, 2017. It is the flagship event of our Institution and our only aim is to get better with
each year. The Moot is based on Environmental Law and is intended to create awareness among
the student body regarding pressing environmental issues. Year after year the competition has
witnessed an overwhelming response from various Universities and Colleges throughout India
and this year too, we promise an exciting weekend of debate, discussion and display of legal
acumen. The Competition this year will see sitting Judges of the Madras High Court, Advocates
and Specialists in the field who will ensure that the Rounds are judged with more vigor and
enthusiasm.
The previous edition was a grand success due to the tremendous participation from various law
schools in India. The 11th Pro Bono Enviro National Moot Court Competition is scheduled from
20th October – 22nd October, 2017. The Moot Court Association of School of Excellence in Law,
Chennai cordially invites your prestigious institution to participate in the same. We look forward
With Regards,
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11THPRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2017
MOOT PROPOSITION1
1. Union of Hind (“Hind”) is one of the fastest developing Countries and is the third largest
energy consumer in the World. Being the second most populous country, Hind’s energy
consumption growth is expected to grow exponentially and become the highest over the next
two decades. The alarming growth in energy consumption across the planet has resulted in
global warming and climate change has become one of the most debated issues. With
countries trying to mitigate the effects of global warming, Paris Accord or Paris Climate
Change Agreement is a major initiative signed by majority of the countries, including Hind
to mitigate and combat global warming. With the recent surprise decision of the United
States to leave the Paris Accord, Hind is set to play a main role along with other major
jurisdictions to combat climate change.
2. The current ruling government of Hind, Sanarthana Party is already on the trail of clean
energy revolution and is venturing into various alternative/unconventional energy fuel
resources to fulfill the promises made through the Paris Accord. Substituting the widespread
usage of coal and oil with natural gas is a major policy adopted by Sanarthana Party since the
global warming emissions from its combustions are much lower than that of coal or oil.
However, the major opposition party namely National Republic, has strongly criticized the
move, stating that the shift in use of energy resources from coal and oil to natural gas is a
major lobby backed by key oil and gas companies who lean on natural gas for a large chunk
of their output.
3. The government of Hind has pursued and initiated various steps for exploration and
exploitation of hydrocarbons, shale gas and oil in order to increase the domestic oil and gas
production and to make substantial addition to the energy mix at Hind. The Ministry of
Petroleum and Natural Gas has identified and earmarked various basins across northern and
southern parts of Hind with impending hydrocarbon and shale gas bearing and the
government has already spent around Rupees 200 crores on shale gas exploration in the
Country.
1
The Moot Proposition is drafted by B. Deepak Narayanan, LLM (QMU London), Advocate, Chennai. Participants
shall strictly refrain themselves from contacting the drafter at any cost.
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11THPRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2017
4. However, various experts and environmental organizations have opined against the
extraction of hydrocarbons and shale gas, citing concerns relating to water stress and
environmental hazards. In particular, Environmental Protection Forum (“EPF”), an
environmental organization has been actively campaigning about the ill effects of extensive
use of modern technology in the form of multiple hydraulic fracturing and horizontal drilling
of the shale section (“fracking”) for the purpose of extraction of shale gas. EPF is an NGO
headed by a famous eco-activist who has indulged in various environmental friendly
movements and is funded by a leading coal based company in Hind. The government
however has disregarded the contentions of EPF and maintained its obvious interest in pro-
extraction policy given the enormous success in the US.
5. The government notified that the extraction of hydrocarbons and shale gas shall be done in
two phases i.e., (i) exploration phase which shall comprise of appraisal and evaluation of
prospects by drilling wells to ascertain the feasibility of extraction and (ii) extraction phase
which shall comprise of actual extraction of hydrocarbon and shale gas.
6. Out of various basins across Hind, Shrivery Basin in particular is a Delta Region and has
enormous potential for extraction of hydrocarbons and shale gas. The responsibility for
exploration phase at various places across Hind, including Shrivery basin was given to
Energy Gas Corporation (“EGC”) and the exploration was set to commence at Pudusevai
District in the state of Deva Nadu. Pudusevai district is one of the most fertile lands on Hind.
Agriculture is the main source of income for the district and most villages there rely on rice
cultivation for their livelihood. In fact, Pudusevai is commonly referred to as the ‘Rice Bowl’
of Southern Hind.
7. An Environmental Impact Assessment Report was filed by EGC (“EGC EIA”) in 2015 for
exploratory drilling of wells at Pudusevai District. The EGC EIA comprised a detailed report
on project description, drilling technology, description of environment, environmental
impact, mitigation measures and project benefits. There were strong criticisms from EPF,
reliable experts and other environmental organizations on the EGC EIA stating that the report
grossly lacked information on proper management of water requirements, mitigation
measures in the event of accidents and tackling of other environmental hazards. However,
due to enormous pressure from the government Environmental clearance was nevertheless
sanctioned to EGC to commence exploration activities.
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11THPRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2017
8. EGC commenced its exploratory drilling of well at Tiruveni village at Pudusevai District.
The villagers of Tiruveni, mostly illiterate were unaware of the complex technology. Despite
sporadic protests from villagers, EGC nevertheless, completed the exploratory phase. EGC
further concluded that Tiruveni village comprised of abundant hydrocarbon and shale gas and
was best suitable for extraction.
9. Subsequently in 2017, the government of Hind launched an auction for the extraction phase
at Tiruveni village along with other hydrocarbon fields. Significantly, the major oil producers
of Hind including EGC, which discovered majority of the fields including the feasibility at
Tiruveni village chose not to participate at the bidding process, making way for new players.
EGC commented that “smaller fields for extraction were given out by the government which
is not viable for big oil companies like EGC and this gives good opportunity for the new
entrants in the upstream hydrocarbon sector”. However, the competence of smaller
companies to implement the complex technology of fracking and extraction of shale gas was
widely questioned by the media. Cabinet Committee on Economic Affairs chaired by the
Prime Minister, Shri Dharmendra Naik, nevertheless gave its approval to award contract to a
new entrant Pearl Laboratories who won the bid in respect to extraction at Tiruveni village.
10. Meanwhile many districts in the state of Deva Nadu including Puduvasevai District were
facing the worst drought in over 100 years. Farmers staged rallies demanding waiver of loans
and drought relief. Since their demands were neither met by the State nor the Centre, the
farmers protested in the capital of Hind, and stripped naked and conducted rallies to give
voice to their demands. Also, Deva Nadu Farmer’s Association in solidarity with the
hardship faced by the state’s farmers at the capital, staged statewide protests. The Centre
subsequently approved a financial assistance of mere Rs.2,000 /- crore for Deva Nadu as
against the demand of Rs.40,000/- crore made by the state government.
11. In the meantime, Pearl Laboratories submitted its EIA (“PL EIA”) for the extraction phase at
Tiruveni village. The EIA comprised of detailed description of the proposed project and
some of the key features included in the project description were that (i) the shale gas
formations located in around 3500 meters underground were proposed to be extracted
through fracking and (ii) the extraction process requires large volume of water of around
9000 to 12000 m3 per well depending upon the well type and shale characteristics. While
various environmental organizations expected the PL EIA to address the lacunae created by
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11THPRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2017
the EGC EIA relating to water stress, lack of focus on mitigation measures and
environmental hazards, PL EIA however failed to adequately address the said issues.
12. The protests that subsequently ensued against the project were enormous. Environmental
organizations campaigned heavily against the ill effects of fracking and EPF in particular
conducted awareness drives to the farmers at Tiruveni village by educating them on potential
health hazards that might result from fracking. EPF also posted videos and initiated polling
against fracking in social media, alleging that the process will result in contamination of
groundwater, cause methane pollution, cause water scarcity, contamination of soil, shifting of
geo-tectonic plates etc. The government however issued a statement that there is no evidence
to link the relationship between cause and effect pertaining to fracking and environmental
hazards and that the United States has been successfully using fracking to extract shale gas
for several decades. The government further discredited EPF stating that the organization
was funded by coal based company and has vested interests to hinder the shale gas extraction
since there is an enormous potential for shale gas industry to substitute coal industry in the
future.
13. The farmers at Tiruveni village meanwhile already affected by drought in 2016, united to
protest against the hydrocarbon and shale gas extractions. Black flags and hoardings were
hoisted in front of their houses to show their support for the protests. Soon the remonstration
became statewide where hundreds of people kept pouring into Tiruveni village to show their
support. The dissent intensified when the youth and celebrities in major cities, mobilized
their support to protesters through social media.
14. Pearl Laboratories in order to avoid the public outcry, with the support of local government
authorities avoided publicizing the conduct of public hearing by advertising it in newspapers
that are not easily available to the residents of Tiruveni village. Subsequently a media report
specified that the public hearing was conducted in a low profile manner in the outskirts of
Tiruveni bordering the adjacent village. After complying with other norms, environmental
clearance was issued to Pearl laboratories on 3rd January 2017. However, due to technical
issues, a readable version of the environmental clearance letter was made available online
only on 1st February 2017.
15. Challenging the grant of environmental clearance to Pearl Laboratories, EPF after informing
the local villagers at Tiruveni village filed an appeal on 18th April 2017 against Government
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11THPRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2017
of Hind and other relevant authorities before the National Green Tribunal, Southern Zone
under the NGT Act, 2010. EPF pleaded that an environmental clearance ought not have been
issued to Pearl laboratories as a public hearing was not properly conducted, the pressing
issues relating to water stress and tackling of potential environmental hazards were not
adequately addressed in the PL EIA and hence any extraction of hydrocarbons and shale gas
at Tiruveni village will result in contravention of environmental legislations.
16. The government objected to the maintainability by contending that that the appeal was barred
by limitation and EPF being funded by a coal company does not have locus standi since it
has vested interest to file the above appeal and is further not an “affected person”. The
government also denied the Appellant’s stand on the substantive issues. The Hon’ble
Tribunal posted the issues of maintainability and merits to be heard together on 21 st October
2017.
Note:
The laws of Union of Hind are pari materia with that of Republic of India.
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11THPRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2017
1. GENERAL RULES
The 11th Pro Bono Enviro National Moot Court Competition, 2017 will be held from 20th
to 22nd October, 2017 at the School of Excellence in Law, The Tamil Nadu Dr.
Ambedkar Law University, Chennai – 600096.
a. Participation is strictly restricted to bona fide law students enrolled in the three years or
five-year LL.B. or B.L. degree course in any institution recognized by the Bar Council of
India.
b. Only one team is permitted to participate from each registered institution.
c. Each team shall comprise of a minimum of two and a maximum of three members. In a
team consisting of two members, each of the members shall be designated as ‘Speaker’.
In a team consisting of three members, two of the members shall be designated as
‘Speaker’ and the third member shall be designated as ‘Researcher’.
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11THPRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2017
ii. Upon receipt of the Soft Copy of the Registration form and the Demand Draft, an
online Travel form will be sent to the teams which must be duly filled in by the
participating teams.
iii. The Hard Copy of the duly filled in Registration Form along with the Demand
Draft of Rs.3000/- drawn in favor of “The Registrar, The Tamil Nadu Dr.
Ambedkar Law University, Chennai, payable at Chennai shall reach the
Organizing Committee on or before 4th October, 2017, 06.00 PM via Speed Post
or Courier. The address for correspondence is as specified in Rule 9.1.
iv. Teams that have completed Registration in accordance with the above shall be
assigned a Team Code. All correspondence to the Organizing Committee shall
specify only the Team Code.
v. No alteration in the Team Composition shall be permitted after the receipt of the
Registration Form, except at the sole discretion of the Organizing Committee.
a. Participants shall be appropriately attired for the rounds of the competition. Robes and
collar bands are not permitted.
b. The Dress Code for the Inauguration, Researcher’s Test, Oral Rounds and
Valedictory & Prize Distribution shall strictly be:
i. For Gentlemen - Western Formals (White formal shirt with black formal pants
and a black blazer); and
ii. For Ladies - Western Formals (White formal shirt with black formal pants/black
formal skirt and a black blazer) or Indian Formals (white kurta with black pants
and either a black waistcoat or black blazer).
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11THPRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2017
2. CLARIFICATIONS
3. MEMORANDUM/WRITTEN SUBMISSIONS
a. Participants are required to submit Memorandum or Written Submissions for both the
Petitioner and the Respondent.
b. Teams shall e-mail two Soft Copies each of the Memorandums, in PDF and Microsoft
Word formats, i.e. four (4) separate file attachments, on or before 11th October, 2017,
11:59 PM to [email protected]. For example, if the assigned team code is 51,
the team shall title the Petitioner and Respondent Memorandums as “51P” and “51R”
respectively. The Soft Copy should be compatible with at least Microsoft Word 2007. Late
submission shall attract penalties in accordance with Rule 3.3.
c. Only the Team Code shall be specified on the Memorandum. Any reference to the
participating institution/college/university shall result in immediate disqualification.
d. Teams shall send seven (7) Hard Copies each of the Petitioner and Respondent
Memorandums on or before 13th October,2017, 6.00 PM via Speed Post or Courier to
the address mentioned in Rule 9.1. Late submission shall attract penalties in accordance
with Rule 3.3.
e. No amendment to the memorandum shall be permitted after submission of the soft copies.
Variation found in the Hard Copy shall be penalized in accordance with Rule 3.3.
f. The last date for sending the Hard Copy of the Memorandum with penalties is 15th
October, 2017, 06.00 PM beyond which the same shall not be accepted at any cost.
g. Participants are advised to carry additional copies of their Memorandum for their own use.
Copies submitted to the Organising Committee shall be used for the evaluation of the
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11THPRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2017
Memorandum, for the Exchange of Memorandum and for the Judges Bench for each of the
Oral Rounds.
h. The Organising Committee reserves the right to use the memorandum submitted by the
participating teams, as it deems appropriate. The memorandum submitted shall not be
returned to the participants.
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11THPRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2017
a. The Memorandum will be evaluated by a separate panel of judges who will not Judge in
the Oral Rounds.
b. The following shall be the judging criteria:
Knowledge of law & depth of research 20
Use of authority/precedents 20
Incorporation of facts into the arguments 10
Interpretation of applicable law 10
Clarity of thought and organization of arguments 15
Style of Presentation 10
Originality 10
Relief sought 5
VIOLATION PENALTY
Late Submission - Soft Copy 1 point per day per Memo
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11THPRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2017
4. ORAL ROUNDS
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11THPRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2017
f. The Researcher shall not be permitted to address the Court during the Oral Rounds. The
Researcher may however, be permitted to pass notes to the Speakers at the discretion of
the Judges.
g. Teams are not permitted to raise issues in the Oral Rounds that have not been submitted
in the Memorandum.
h. The use of mobile phones, laptops, or any other electronic gadgets is strictly prohibited
during the Oral Rounds.
i. Participants may use their own bare acts, print outs and commentaries provided that
anonymity is not violated during the Rounds.
j. The decision of the Judges as to the marks allotted to each team shall be final.
k. So as to ensure uniformity in the marking system, all Judges will be provided with a
scoring guideline.
a. Teams shall notify the Bench Clerks of the division of time between the 2 Speakers
(including time reserved for Rebuttal & Sur-rebuttal) 10 minutes prior to the
commencement of the Rounds.
b. If Speaker 1 exceeds his/her reserved time, the additional time taken shall be deducted
from the time reserved by Speaker 2. Similarly, if Speaker 2 exceeds his/her reserved
time, the additional time taken shall be deducted from the time reserved for
Rebuttals/Sur-Rebuttals as the case may be. However, this rule may not be followed if the
additional time is awarded at the discretion of the Judges to not be deducted from the
time of the subsequent Speaker.
c. The finality of the decision as to the time structure and the right to Rebut or Sur-rebut
shall vest with the Judges.
4.3 COMPENDIUM:
a. All relevant case laws and statutory material to be passed on to the Judges during the Oral
Rounds may be submitted in the form of a Compendium 10 minutes prior to the
commencement of the Rounds to the Bench Clerks.
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11THPRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2017
b. The Compendium shall not exceed 50 pages whether printed on one side or both sides.
For this purpose, each side shall be considered as one page.
c. Participants are also permitted to pass on relevant material to the Judges, at their
discretion, any time after the commencement of the Rounds and before its completion.
d. The Compendium or other relevant materials shall be returned to the participants after the
completion of each Round.
e. Participants shall ensure that anonymity is not violated while passing on any material to
the Judges. If any mark, name, seal, symbol or logo of the institution/college/university is
present, participants must ensure that the same is rendered unrecognizable.
a. The exchange of memorandums will take place on the day of Orientation i.e. 20.10.2017,
post the inauguration ceremony.
b. Teams are prohibited from making any marks on the memorandum thus exchanged.
Teams are also prohibited from taking photocopies of such memorandums.
c. The opponent’s memorandum shall be returned to the Bench Clerks after the completion
of each Round.
a. Every team shall argue twice in the Preliminary Rounds, once for the Petitioner and once
for the Respondent.
b. No two teams shall face each other more than once in the Preliminary Rounds.
c. Each side shall get a maximum time of 30 minutes to present their arguments of which
no Speaker shall be permitted to address the Court for more than 18 minutes. The time
limit is inclusive of the time for Rebuttal or Sur-rebuttal respectively. The maximum time
for Rebuttal is 2 minutes and the maximum time for Sur-rebuttal is 1 minute.
d. The Total Score of the Preliminary Rounds of a team shall be based only on the Oral
Rounds Score.
e. The top eight (8) teams from the Preliminary Rounds shall advance to the Quarter-finals.
f. The top eight teams shall qualify on the basis of the maximum number of wins per team.
In the event of a tie, the Memorandum Scores shall be considered as a tie-breaker.
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11THPRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2017
4.6.1 QUARTER-FINALS
i. The maximum time for arguments per side shall be the same as in the
Preliminary Rounds.
ii. The top four (4) teams from the Quarter-finals shall advance to the Semi-finals.
4.6.2 SEMI-FINALS
i. Each side shall get a maximum time of 45 minutes to present their arguments of
which no Speaker shall be permitted to address the Court for more than 25
minutes. The time limit is inclusive of the time for Rebuttal or Sur-rebuttal
respectively. The maximum time for Rebuttal is 5 minutes and the maximum time
for Sur-rebuttal is 2 minutes.
ii. The top two (2) teams from the Semi-finals shall advance to the Finals.
4.6.3 FINALS
i. The maximum time for arguments per side shall be the same as in the Semi-
finals.
ii. The winner of the Final Round shall be declared the Winner of the Competition.
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11THPRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2017
4.7 SCOUTING:
5. RESEARCHER’S TEST
a. The Researcher’s Test shall be conducted on 20th October, 2017, as per the Schedule.
b. In a team consisting of three members, any one of member designated as Researcher shall
take part in the test. In a team consisting of two members, one of the two Speakers shall
take part in the test.
c. Participants are requested to write only the Team Code on the answer sheet.
d. The Researcher’s Test shall be in the format of Multiple Choice Questions with the
questions based on the applicable law, precedents and facts pertaining to the Moot
Proposition.
e. No additional material such as the bare text of Acts, Memorandum, etc. apart from
stationery may be brought by the participant to the test and no such material shall be
provided by the Organizing Committee.
6. AWARDS
The following Awards shall be given away during the Valedictory & Prize Distribution:
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11THPRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2017
b. All teams shall be present during the Valedictory & Prize Distribution in formals.
Certificates will only be given to the teams present during the Valedictory & Prize
Distribution.
a. Accommodation and Food shall be provided to the participating teams from the evening
of 20thOctober, 2017, till the morning of 24th October,2017.
b. Transport shall be provided from the Airport/ Railway Station to the accommodation on
20th OCTOBER,2017.
c. The Participants should arrange their own transportation facilities on 24th October,2017.
d. All facilities shall be provided only to the registered members of a team and no additional
members, parents, observers, coaches or faculty advisors shall be accommodated at any
cost.
8. MISCELLANEOUS
a. Participants are expected to behave in a dignified manner and not to cause any
inconvenience to the Organizing Committee, the Judges of the Competition or any of the
other participants.
b. The Organizing Committee reserves the right to take appropriate action for any unethical,
unprofessional or immoral conduct.
9. CORRESPONDENCE/CONTACT DETAILS
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11THPRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2017
The physical address for correspondence for all Registration Formalities and Memorandum
Submissions is:
Organising Committee
9.2 QUERIES:
REGISTRATION HOSPITALITY
Aswany Ajaykumar: +91 8807227426 Gauri Sood: +91 9094313575
Nila. M: +91 7299753999 A
Chindan: +91 9677287956
Neelayadakshi.K.S +91 9566256599 Janaki Raman: +91 8939207567
m
M
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11THPRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2017
ANNEXURE - I
REGISTRATION FORM
INSTITUTION DETAILS
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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11THPRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2017
PLACE:
DATE:
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11THPRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2017
SCHEDULE
23.59, 28.09.2017 Deadline for Soft Copy of Registration Form & Demand Draft
Disqualification Deadline
23:59, 13.10.2017
[Deadline for Memorial Submission, Soft Copy with Penalty]
17:00, 15.10.2017 [Deadline for Memorial Submission, Hard Copy with Penalty]
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11THPRO BONO ENVIRO NATIONAL MOOT COURT COMPETITION, 2017
19:30 Dinner
07:00 - 08:30 Breakfast
09:30 - 11:00 Preliminary Round I
SATURDAY 11:00 - 12:00 Tea Break
12:00 - 13:30 Preliminary Round II
21.10.2017
13:30 Lunch
16:00 - 18:00 Quarter-final Rounds
19:30 Dinner
7:30 - 8:30 Breakfast
10:00 - 12:30 Semi-final Rounds
SUNDAY
12:45 - 14:00 Lunch
The above schedule is subject to change by the Organizing Committee. Participants will be duly
informed if any such changes are made.
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