SEEDLING SCHOOL OF LAW AND GOVERNANCE, JAIPUR NATIONAL UNIVERSITY,

JAIPUR

IN

THE HON’BLE

HIGH COURT OF RAJASTHAN

[PETITION NO.______/2013]

CASE CONCERNING THE THREAT ENVIRONMENTAL DEGRADATION DUE TO BOOK FAIR

MR. AJAY ROY………………..……. [PETITIONER]

VS.

STATE OF RAJASTHAN ……… [RESPONDENT]

ON THE SUBMISSION TO THE HON’BLE COURT

MEMORIAL OF RESPONDENT

STATE OF RAJASTHAN

SUBMITTED TO: - _______________[ASSISTANT PROFESSOR]

SUBMITTED BY: - ___________ [B.A.LLB 8TH SEM.]

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TABLE OF CONTENTS

INDEX OF AUTHORITIES.................................................................................................................3
STATUTES.....................................................................................................................................3
CASES CITED...............................................................................................................................3
BOOKS CITED..............................................................................................................................4
STATEMENT OF JURISDICTION......................................................................................................5
STATEMENT OF FACTS...................................................................................................................7
QUESTIONS PRESENTED.................................................................................................................8
ARGUMENTS ADVANCED................................................................................................................9
ISSUE I: THE BOOK FAIR WILL NOT POLLUTE OR DEGRADE THE ENVIRONMENT AND
SUBSEQUENTLY, IT CAN NOT BE CLAIMED THAT THERE IS ANY VIOLATION OF THE
FUNDAMENTAL RIGHT UNDER ARTICLE. 21 OF THE CONSTITUTION OF INDIA...................9
ISSUE II: THE PERMISSION TO HOLD A BOOK FAIR IS VALID.............................................11
ISSUE III: THE ORGANIZING BOOK FAIR AT GANDHI MAIDAN WOULD NOT RESULT IN
PUBLIC NUISANCE.....................................................................................................................13
SUBMISSIONS TO THE COURT.....................................................................................................15

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INDEX OF AUTHORITIES

STATUTES

1. THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

2. THE NOISE POLLUTION (REGULATION AND CONTROL) RULES, 2000
3. ENVIRONMENT PROTECTION ACT, 1986
4. THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
5. CONSTITUTION OF INDIA, 1950

CASES CITED

1. BANGALORE MEDICAL TRUST V. BS MUDAPPA AIR 1991 SC 420.

2. BASUDEV YADAV V. STATE OF BIHAR AIR 2002 PAR. 64.

3. CHEHETRIYA PRADUSHAN MUKTI SANGHARSH SAMITI V. STATE OF UTTAR PRADESH,

AIR 1990 SC 2060.
4. DAMODAR RAO V. SO MUNCIPAL CORPORATION, HYDERABAD AIR 1987 AP 170.
5. KALYAN KUMAR GHOSE VS. THE COMMISSIONER CORPORATION OF CALCUTTA &
OTHERS, REPORTED IN 1965 CWN 1042, CIVIL REVISION CASE NO. 417 (W) OF 1961.
6. M. C. MEHTA V. UNION OF INDIA, (1987) 4 SCC 463
7. MAJRA SINGH V. INDIAN OIL CORPORATION, AIR 1999 J & K 81.
8. MILKMEN COLONY VIKAS SAMITI AND OTHERS V STATE OF RAJASTHAN AND OTHERS
(CASE NO.: APPEAL (CIVIL) 246 OF 2007.
9. RAM BAJ SINGH (DR) V. BABULAL AIR 1982 ALL 285.
10. SHREE MADHUSUDAN MILLS LTD. VS. CORPORATION OF CALLUCTA & ORS. AIR 1976
CALCUTTA 133.

11. SUBHASH KUMAR V. STATE OF BIHAR AIR 1991 SC 420.

12. TEHRI BANDH VIRODHI SANGHARSH SAMITI AND ORS. VS. STATE OF UP AND ORS, 1990
(2) SCALE 1003
13. V LASHMIPATHY V. STATE AIR 1992 KANT 57.

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 14. VELLORE CITIZENS’ WELFARE FORUM VS. UNION OF INDIA, 1996(5) SCC 647

BOOKS CITED

1. CLERK AND LINDSHELL, LAW OF TORT, FOURTEENTH EDN.

2. ENVIROMENT LAW IN INDIA, P. LEELAKRISHNAN, THIRD EDITION, LEXIS NEXIS
BUTTERWORTHS WADHWA.
3. ENVIRONMENT LAW CASE BOOK, P. LEELAKRISHNAN, SECOND EDITION, LEXIS NEXIS
BUTTERWORTHS WADHWA.
4. ENVIRONMENTAL LAW CASE BOOK, P. LEELAKRISHNAN, SECOND EDITION, LEXIS NEXIS
STUDENT SERIES.
5. KAILASH THAKUR, ENVIRONMENT PROTECTION LAW AND POLICY IN INDIA, DEEP AND
DEEP PUBLICATIONS, NEW DELHI, P. 204
6. M P JAIN, INDIAN CONSTITUTIONAL LAW, SIXTH EDITION, 2010, LEXIS NEXIS
BUTTERWORTHS WADHWA.
7. P LEELAKRISHNAN ET AL, ‘ENVIRONMENT EXPERTISE AND JUDICIAL REVIEW: NEED FOR
STRATEGY SHIFT AND LAW REFORM’, JOURNAL OF THE INDIAN LAW INSTITUTE, 1999,
VOL 41.
8. P.M BAKSHI, CONSTITUTION OF INDIA.2009 EDITION.
9. POONAM AGGARWAL, RANJANA AGRAWAL, PARVEEN DAMIJA INTERACTIVE
ENVIRONMENTAL EDUCATIAON BOOK VIII P 137.

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STATEMENT OF JURISDICTION

In the instant matter as the High Court is the Apex court of the state, So the court is having the
jurisdiction to deal with the matter but the court should not exercise its jurisdiction as the core
requirements of violation of any fundamental right enshrined in part III of the constitution has
not been fulfilled.

Environment cases reaching directly High Courts do face procedural limitations, such as
existence of alternative remedies, laches, bias and locus standi.1 In the instant case, as apparent
from the facts no direct or collateral damage to the environment can foresee by organizing Book
Fair at Gandhi Marg.

Article 226 is a salutary safeguard for preservation of fundamental rights of citizens but the
weapon has to be utilized with caution. Where it appears that it is not only a cloak to ‘feed fact
ancient grudge’ and enmity or bias, this should not only be refused but strongly discouraged. 2
The same has been discussed in Subhash Kumar v. State of Bihar.3

Furthermore In M. C. Mehta v. Union of India4 the court held that Articles 21, 47, 48A and
51A(g) of the Constitution of India give a clear mandate to the state to protect and improve the
environment including forests, lakes, rivers and wildlife and to have compassion for living
creatures. The "precautionary principle" makes it mandatory for the State Government to
anticipate, prevent and attack the causes of environment degradation. And In pursuance of that
permission has been given by the local authorities keeping it in the mind about the effects of the
Book Fair.

In Tehri Bandh Virodhi Sangharsh Samiti and ors. Vs. State of UP and ors. 5 The court held that
it is not possible to hold that the Union of India had not applied its mind or had not considered
the relevant aspects of safety of the dam. Same in the present matter the state had considered the

1
Environmental Law Case Book, P. Leelakrishnan, Second Edition, Lexis Nexis Student Series, p. 285
2
Chehetriya Pradushan Mukti Sangharsh Samiti v. State of Uttar Pradesh, AIR 1990 SC 2060, p. 2062
3
AIR 1991 SC 420
4
(1987) 4 SCC 463
5
1990 (2) SCALE 1003

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relevant aspect of safety of environment and subsequently has given the permission to hole the
Book Fair.

Hence, as any kind of damage has not been done to the Gandhi Maidan since last 20 years and so
is expected in coming years, it is therefore humbly submitted that petitioner does not have
appropriate jurisdiction to file a petition as no fundamental right has been breached in the instant
case.

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STATEMENT OF FACTS

BACKGROUND:

 Gandhi Maidan is an area of about 8.14 Square Kilometers.

 This area is like an oasis in the heart of the Jaipur city facing numerous problems of air and
noise pollution.
 The Maidan provides the much needed greenery to the city. It is used by young for
recreation and by the old to have daily walk. It is said to provide a true respite for the local
people residing in the area where seven busy roads of the city meet.
 The area is also used for sports by schools and as a knowledge development area.
 Over the years a large portion of the Maidan has been taken over by the water booster plant
and by the garage of Jaipur Development Authority. Now, only 4.7 Square km of the
Maidan is left for the use of the public.

PROBLEM ARISES:
 The Jaipur Book Fair being organized by the Association of Publishers & Booksellers of
Jaipur, registered under the Rajasthan Societies Registration Act, 1961.
 It is known as the “Publishers & Booksellers Guild”.
 The fair was being held for 2 decades in the Gandhi Maidan at Bazar Road at the crossing
of Residency Street and Jawaharlal Nehru Road.

APPROACH BEFORE THE HON’BLE COURT:

 Aggrieved against the degradation to the local environment writ petition was filed in the
Jaipur Bench of Rajasthan High Court by Ajay Roy, a local resident seeking, cancellation
of the permission to hold the Book Fair at the Gandhi Maidan from 31 st July, 2013 to
August 11, 2013.

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QUESTIONS PRESENTED

ISSUE I: WHETHER THE HOLDING OF BOOK FAIR WILL POLLUTE OR DEGRADE THE
ENVIRONMENT AND SUBSEQUENTLY WILL RESULT IN VIOLATION OF THE FUNDAMENTAL
RIGHT UNDER ARTICLE. 21 OF THE CONSTITUTION OF INDIA?

ISSUE II: WHETHER THE PERMISSION TO HOLD A BOOK FAIR IS VALID?

ISSUE III: WHETHER THE ORGANIZING BOOK FAIR AT GANDHI MAIDAN WOULD RESULT
IN PUBLIC NUISANCE?

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ARGUMENTS ADVANCED

ISSUE I: THE BOOK FAIR WILL NOT POLLUTE OR DEGRADE THE ENVIRONMENT AND
SUBSEQUENTLY, IT CAN NOT BE CLAIMED THAT THERE IS ANY VIOLATION OF THE
FUNDAMENTAL RIGHT UNDER ARTICLE. 21 OF THE CONSTITUTION OF INDIA.

The Jaipur Book Fair being organized by the Association of Publishers & Booksellers of Jaipur,
registered under the Rajasthan Societies Registration Act, 1961. It is a non –profit making and
social service Organization. It has been granted exemption under Section 80(G) of the Income
Tax Act of 1961.6 It is known as the “Publishers & Booksellers Guild”. As it is a non-profit
making social service organization, it cannot be accused of wanting to hold the Fair for their own
private interests and it is to encourage the spread of literacy and education in India.

The right to sustainable development has been declared by the UN General Assembly to be an
inalienable human right (Declaration on the Right to Development) (1986) 7. The purpose of the
same is to evaluate the obstacles to progress. The priority of developing nations is urgent
industrialization and development. We have reached at a point where it is necessary to strike a
golden balance between the development and ecology. The development should be such as it can
be sustained by ecology. All this has given rise to the concept of sustainable development.8

Courts has in number of cases expressly pointed that India’s model of development should not be
limited or restricted without any legal basis in pretext of disturbance of ecological balance. 9
Environment pollution" means the presence in the environment of any environmental pollutant. 10
No solid, liquid or gaseous substance present in such concentration that may be, or tend to be,
injurious to environment11 can be presumed to transpire by organizing book fair.

6
Preposition ¶ 6.
7
Intellectuals Forum v. State of A.P. (2006) 3 SCC 549
8
http://www.un-documents.net/ocf-02.htm
9
Damodar Rao v. SO Muncipal Corporation, Hyderabad AIR 1987 AP 170, Bangalore Medical Trust v. BS
Mudappa AIR 1991 SC 420, V Lashmipathy v. State AIR 1992 Kant 57
10
Environment Protection Act, 1986 Sec 2(c)
11
Environment Protection Act, 1986 Sec 2(b)

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It is very much clear from the facts that purpose of the Guild is to encourage the spread of
literacy and education in India and throughout the world as social service 12. The Guild is as much
interested that there should not be any pollution at the Fair as any other individual of the locality.
There can be no trace of evidence found that proves that the Guild did not comply with the
provisions of Water (Prevention and Control of Pollution) Act 1974, Air (Prevention and Control
of Pollution) Act, 1981 and Noise (Regulation and Control) Rules, 2000.

In the case of Vellore Citizens’ Welfare Forum vs. Union of India 13 referred to the precautionary
principle and declared it to be part of the customary law in our country and so the Publishers &
Booksellers Guild had already taken permission by authorities and the precautionary measures
taken by the Guild and the Authorities and it is not possible to hold that the Union of India had
not applied its mind or had not considered the relevant aspects of safety of the dam.14 The court
held that same in the present matter the state had considered the relevant aspect of safety of
environment.

Rajasthan State Pollution Control Board has given guideline for precaution to Guild for the
proposed Book Fair so it would not create any additional traffic problem. In any event, the Fair
would commence at 2 P.M. and end at 8 P.M. On working days the traffic problem at Gandhi
Maidan is acute only during office hours, i.e., in between 9 A.M. and 11 A.M. and between 4
P.M. and 7 P.M. To reduce the pollution level water will be sprinkled in the Fair Ground before
the daily commencement of the Fair and, thereafter, at the interval of one hour and after the
closure of the Fair for the day. The morning walkers and the joggers will also be allowed in the
Park from 5 A.M. to 9 A.M.

Fundamental rights of trade or business under Article 19(1) must be read together with
provisions in Article 14, 21, 48A and 51A(g) of the constitution to bring a balance in this
respect.15 The object of the Guild is to promote awareness about the benefits that can be derived
from reading books. The Book Fair not being a profit making venture cannot be compared to any

12
Compromis para. 2
13
1996(5) SCC 647
14
Tehri Bandh Virodhi Sangharsh Samiti and ors. vs. State of UP and ors 1990 (2) SCALE 1003
15
Basudev Yadav v. State of Bihar AIR 2002 Par. 64

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other normal fair16 and by no means of interpretation of facts results in degradation of
environment.

That Precautionary Measures for the proposed Book Fair are such that it will not create any mess
or pollution in day to day life of the people living nearby. It would not create any additional
traffic problem. In any event, the Fair would commence at 2 P.M. and end at 8 P.M. On working
days the traffic problem at Gandhi Maidan is acute only during office hours, i.e., in between 9
A.M. and 11 A.M. and between 4 P.M. and 7 P.M.

Water sprinkling Facility to reduce the pollution level in the Fair Ground before the daily
commencement of the Fair and, thereafter, at the interval of one hour and after the closure of the
Fair for the day is a part of measures going to be taken by Guild.

The Majra Singh v. Indian Oil Corporation 17The Court therefore directed that the project could
be continued as long as the authorities took due precautions to prevent pollution.
So, in the present matter neither there is any violation of fundamental right of healthy
environment enumerated under Right to life guaranteed under article 21 of Indian Constitution,
1950 nor there is any threat of its violation.
Hence, Jaipur Book Fair would not result in degradation of environment and subsequently
violation of Article 21 of Constitution of India.

ISSUE II: THE PERMISSION TO HOLD A BOOK FAIR IS VALID.

The municipal corporation is the owner of public land 18. A public park may be utilized by the
corporation for the amusement and entertainment of the public 19. In pursuance of that the Jaipur
Municipal Corporation established under Jaipur Development Authority has granted the Non-
Objection Certificate to the Association of Publishers & Booksellers of Jaipur to hold this Book
Fair.

16
Compromis. Para. 2
17
AIR 1999 J & K 81.
18
Shree Madhusudan Mills Ltd. Vs. Corporation of Callucta & ors. AIR 1976 Calcutta 133.
19
Kalyan kumar Ghose vs. The Commissioner Corporation of Calcutta & others, Reported in 1965 CWN 1042,
Civil Revision Case No. 417 (w) of 1961.

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The project could be continued as long as the authorities took due precautions to prevent
pollution.20
The permission to hold a Book Fair was granted by the concerned departments after analyzing
the facts and situation related therewith.

20
Majra Singh v. Indian Oil Corporation, AIR 1999 J & K 81.

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ISSUE III: THE ORGANIZING BOOK FAIR AT GANDHI MAIDAN WOULD NOT RESULT IN
PUBLIC NUISANCE.

Section 268 of the Indian Penal Code, defines it as “an act or illegal omission which causes any
common injury, danger or annoyance, to the people in general who dwell, or occupy property, in
the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons
who may have occasion to use any public right.”

Public nuisance is an act affecting the public at large, or some considerable portion of it; and it
must interfere with rights which members of the community might otherwise enjoy.

Thus acts which seriously interfere with the health, safety, comfort or convenience of the public
generally or which tend to degrade public morals have always been considered public nuisance
which are absent in the present case.

The essence of nuisance is a condition or activity which unduly interferes with use or enjoyment
of land21 and causes disturbance or annoyance to a person in exercise of a right belonging to him
or his ownership or occupation of land.22

The following factors are to be considered in order in order to determine if any activity results in
public nuisance:

 Extent and duration of the disturbance;

 Nature of the harm
 Social value of the plaintiff's use of his or her property or other interest
 Burden to the plaintiff in preventing the harm;
 Value of the defendant's conduct, in general and to the particular community
 Motivation of the defendant
 Feasibility of the defendant's mitigating or preventing the harm
 Locality and suitability of the uses of the land by both parties.23

21
Ram Baj Singh (Dr) v. Babulal AIR 1982 All 285
22
Clerk and Lindshell, Law of Tort, Fourteenth Edn, para 13, p. 91
23
Milkmen Colony Vikas Samiti and others v State of Rajasthan and Others and Others - Date Of Judgment:
17/01/2007 (Case No.: Appeal (civil) 246 of 2007

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In the instant case, considering the fact that over the years a large portion of the Maidan has been
taken over by the water booster plant and by the garage of Jaipur Development Authority,
alternative arrangements can be made by the Respondents.24Believe the fact that there is a dearth
of parking space in and around Gandhi Maidan, alternative area or region can be located for
adequate parking of cars and other vehicles. In addition to that, water will be sprinkled in the
Fair Ground before the daily commencement of the Fair and, thereafter, at the interval of one
hour and after the closure of the Fair for the day. The morning walkers and the joggers will also
be allowed in the Park from 5 A.M. to 9 A.M. each day as the timing of the fair would be kept
after 9 A.M. only. To reduce the pollution level the Guild will keep 3,500 to 4000 leafy potted
plants on the ground which will help to lower the level of pollution in the locality.25 

Ex Arguendo, it can ascertained that that just like previous 20 years all the proper methodology
would be used to prevent any kind of public nuisance or environment degradation at Gandhi
Marg during organization of Book Fair as not allowing them would deprive people of right to
education under Article 21.

24
Compromis para. 2
25
http://envfor.nic.in/report/0910/Annual_Report_ENG_0910.pdf

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SUBMISSIONS TO THE COURT

In the light of the issues raised, argument advanced authorities cited and for the forgoing reasons
the Respondent “State of Rajasthan” requests to the Hon’ble Court to adjudge and

1. declare, that the petition should be dismissed.

2. declare, that the Holding Book Fair at such place will not pollute the environment and
will cause serious body harm to the people living nearby.
3. declare, that the permission to hold the Book Fair should not be cancelled as it is valid
one.
4. declare, that the Book Fair will not amount to public Nuisance.

Or to pass any such judgment as it may deem fit in the interest of justice, equity and good
conscience

All of Which Respectfully Submitted

Counsel of Respondent

Date________

Place _______

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