FORM-I

BEFORE THE NATIONAL ENVIRONMENTAL TRIBUNAL, BUNEDHAM

MEMORANDUM OF APPLICATION

(Under Section 18(1) read with Sections 14, 15 of National Green Tribunal Act 2010)

Application No ……… of 2024

Between:
PRAKRUTI FOUNDATION
No. 121, Wagha Street,
Dadari Marg,
Trombay……………………………………………………………...... Applicant.

AND

1. THE UNION OF INDUS

Rep. by its Secretary,
Ministry of Railways,
Rail Bhawan, Rafi Marg,
New Delhi-110001

2. THE UNION OF INDUS

Rep. by its Secretary,
Ministry of Environment and Forests and Climate Change,
H6P9+377, Jor Bagh Rd, Lodi Colony,
New Delhi, Delhi 110003……………………………………………. Respondents.

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TO,
THE HON’BLE CHAIRMAN AND HIS COMPANION MEMBERS OF THE
NATIONAL ENVIRONMENTAL TRIBUNAL.

HUMBLE APPLICATION SUBMITTED BY THE APPLICANT ABOVE NAMED

The Applicant is PRAKRUTI FOUNDATION, an NGO situated at No. 121, Wagha Street,
Dadari Marg, Trombay. The applicant is interested in the protection of the environment and in
protection of the right to a clean and safe environment guaranteed to him by the Constitution
of India under Article 21 and in performance of his duty under Article 51. It is submitted that
the present application has been seeking appropriate directions to take the cognizance and give
a stay on the proposed project of Bullet Train Project of the Union of Indus, which will hamper
the marine life and cause massive environmental imbalance. The so-called development action
of the respondent authorities would result in contamination and infertility of fresh water sources
and even land due to entry of sea water as a result of destruction of mangroves.

The address for service on the applicant is that of its Counsel:

Name: Incharaa H S
Advocate,
NEW LAW CHAMBERS,
HIGH COURT - 670023
E-Mail: [email protected]

The Respondents are:

1. THE UNION OF INDUS

Rep. by its Secretary,
Ministry of Railways,
Rail Bhawan, Rafi Marg,
New Delhi, Delhi - 110001.

2. THE UNION OF INDUS

Rep. by its Secretary,
Ministry of Environment and Forests and Climate Change,
H6P9+377, Jor Bagh Rd, Lodi Colony,
New Delhi, Delhi - 110003.

The addresses for service on the respondents are as stated above.

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FACTS IN BRIEF:

1. The Union of Indus is addressing urbanization issues, including pollution and road
accidents, by linking Trombay and Jehanabad with a state-of-the-art Bullet Train using
Kroos technology.

2. This project proposes and claims to reduce travel time, boost the economy, and generate
employment opportunities.

3. Trombay, located near the sea, has a large number of mangroves that act as natural barriers
against salty water and are a breeding ground for fish and crabs.

4. The High Court of Trombay declared mangroves as protected forests in 2005, and the State
Government has planned to use nearly 15 hectares of mangrove lands for the Bullet Train.

5. However, environmental concerns have arisen, with citizens and fishermen arguing that
clearing mangroves will hamper marine life and cause environmental imbalance.

6. The Prakruti Foundation has approached the National Environmental Tribunal (NET) to
stay on the proposed Bullet Train project.

GROUNDS

1. The respondent authorities have a duty under law to protect the Mangroves in its natural
state and maintain the same.
2. The failure of the respondents to perform their duties will result in reduced fishery
productivity, increases land erosion and decreased nearshore water quality.
3. The proposed project is violative of Article 21, 48A, 19(1)(g) and all environmental laws
and is a health issue for millions of people.

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 GROUNDS

1. The respondent authorities have a duty under law to protect the Mangroves in its natural
state and maintain the same.

Mangroves provide protection for communities at from sea-level rises and severe weather
impacts caused by climate change. Coastal forests helps against global warming by removing
carbon dioxide from the atmosphere, most of which is stored in the atmosphere .

They are a natural coastal defence, they are carbon sinks and

provide livelihoods. Regulatory measures are implemented through Coastal Regulation Zone
(CRZ) Notification (2019) under the Environment (Protection) Act, 1986; the Wild Life
(Protection) Act, 1972; the Indian Forest Act, 1927; the Biological Diversity Act, 2002; and
rules under these acts as amended from time to time, which is now to be followed in order to
give effective protection.

2. The failure of the respondents to perform their duties will result in reduced fishery
productivity, increases land erosion and decreased nearshore water quality.

The state’s failure to perform their duties can negatively impact fishery productivity, land
erosion, and nearshore water quality in the following ways:

Reduced Fishery Productivity- Without proper regulation and enforcement of fishing practices,
overfishing can occur, depleting fish stocks and reducing biodiversity. Lack of habitat
protection and restoration efforts can lead to the destruction of critical fish habitats such as
mangroves, coral reefs, and seagrass beds. Inadequate control of pollutants entering waterways
can harm fish populations through contamination and creating dead zones with low oxygen
levels. Increased land erosion. Deforestation and Land Use Mismanagement, without proper
land management practices, activities like deforestation and unsustainable agriculture can lead
to increased soil erosion.Poor Coastal Management, failure to maintain and restore natural
barriers such as dunes, wetlands, and mangroves can result in greater susceptibility to erosion
from storms and rising sea levels.

Insufficient Waste Management, poor waste management practices can lead to increased runoff
of pollutants such as sewage, agricultural chemicals, and industrial waste into nearshore waters.

Lack of Erosion Control- As land erodes, sediments can be carried into nearshore waters,
causing turbidity that disrupts aquatic ecosystems and harms species dependent on clear water.

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Nutrient Runoff- Excessive nutrient runoff from agriculture can cause algal blooms, which
deplete oxygen in the water and result in dead zones, negatively impacting marine life.

In summary, the state’s failure to perform its duties in environmental management and
regulation can lead to a cascade of negative effects on fishery productivity, land stability, and
water quality, ultimately harming both ecosystems and human communities dependent on these
resources.

3. The proposed project is violative of Article 21, 48A, 19(1)(g) and all environmental laws
and is a health issue for millions of people.
When there is an adverse effect on the environment, several constitutional provisions and
laws in India can be violated.

Article 21: Right to Life and Personal Liberty

Article 21 of the Indian Constitution guarantees the right to life and personal liberty. The
Supreme Court of India has interpreted this right to include the right to a healthy environment.
When environmental degradation occurs, it can lead to severe health issues, thereby violating
this fundamental right. For example:
Air pollution can cause respiratory diseases, cardiovascular problems, and other health issues.
Water pollution can lead to waterborne diseases and adversely affect public health.
Deforestation and loss of biodiversity can disrupt ecosystems and livelihoods, impacting
human well-being.
Article 48A: Protection and Improvement of Environment and Safeguarding of Forests and
Wildlife

Article 48A directs the State to endeavor to protect and improve the environment and safeguard
forests and wildlife. When environmental degradation occurs, it indicates a failure of the State
to fulfill this directive principle.
For example:
Industrial activities causing pollution without adequate regulation or mitigation measures
suggest a lack of enforcement of environmental protections.
Destruction of forests for development projects without proper environmental impact
assessments reflects non-compliance with this constitutional obligation.

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Article 19(1)(g): Right to Practice Any Profession, or to Carry on Any Occupation, Trade, or
Business
Article 19(1)(g) grants citizens the right to practice any profession, or to carry on any
occupation, trade, or business. However, this right is subject to reasonable restrictions in the
interest of the general public. When environmental degradation occurs:
It can disrupt local economies and livelihoods, particularly those dependent on natural
resources (e.g., agriculture, fishing, tourism).
The State may impose restrictions on businesses causing pollution or environmental harm,
which, while necessary, can affect economic activities.
Environmental Laws
Various environmental laws in India are designed to protect the environment and public health,
such as:

The Environment (Protection) Act, 1986: Provides the framework for addressing various
environmental issues.
The Air (Prevention and Control of Pollution) Act, 1981: Aims to control and reduce air
pollution.
The Water (Prevention and Control of Pollution) Act, 1974: Aims to prevent and control water
pollution.
The Forest (Conservation) Act, 1980: Regulates deforestation and ensures forest conservation.
Violations of these laws can lead to:

Legal penalties for industries or individuals causing pollution.

Health hazards for the population due to exposure to pollutants.
Long-term environmental damage affecting the quality of life and biodiversity.

Health Issues for Millions of People

Environmental degradation often leads to widespread health issues, including:
Respiratory diseases due to air pollution (e.g., asthma, bronchitis).
Waterborne diseases due to contaminated water sources (e.g., cholera, dysentery).
Exposure to toxic substances from industrial waste, leading to chronic illnesses (e.g., cancer,
neurological disorders).

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Therefore, when there is adverse environmental impact, it can lead to violations of the
fundamental right to a healthy life under Article 21, reflect the failure of the State’s duty under
Article 48A, impose restrictions or cause disruptions affecting Article 19(1)(g), and contravene
specific environmental laws designed to protect public health and the environment.

LIMITATION:
The Applicant declares that as per the National Green Tribunal Act 2010 this application is well
within the prescribed time.

INTERIM RELIEF:
Pending disposal of the application, the applicants pray that this Hon’ble Tribunal be pleased
to DIRECT THE RESPONDENTS TO FORTHWITH;

1. Furnish details of all plans, proposals and projects launched to linking the two cities with
Bullet Train.
2. Refrain from proceeding further on the project, entering into any new contracts, takeover
of any new land/ plots on disputed area, advertisement regarding the bullet train project.
3. Conduct a survey of the entire length of the proposed project and report the details before
this Hon’ble Tribunal for its perusal.
4. Ensure and prevent the destruction of mangroves.
5. Submit a detailed plan for an alternative solution to boost the travel between the two cities.
6. Remove all construction materials, trucks, board signs etc. from the disputed areas.
7. And such further order or orders as may be fit proper and necessary in the facts and
circumstances of the case.

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 PRAYER

For the reasons stated above, it is humbly prayed that this Hon’ble Tribunal may be pleased to:

1. Direct the respondent authorities to immediately cancel the Bullet Train Project.
2. Issue an order to Constitute a high-level committee to monitor prevention of destruction
of mangroves, protection of marine life and prevention of environmental imbalance and
submit periodical reports to this Hon’ble Tribunal.
3. And pass such further order or orders as may be fit proper and necessary in the facts
and circumstances of the case and thus render justice.

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 VERIFICATION

We, PRAKRUTI FOUNDATION, the applicant herein, do hereby verify that the contents of
the above paragraphs are true to the best of our Knowledge and grounds are based on legal
advice and that we have not suppressed any material fact.

Date: 15/05/2024 APPLICANT

Place: Trombay