ANAND LAW COLLEGE, ANAND

(MANAGED BY SHRI RAMKRISHNA SEVA MANDAL)

SECOND NATIONAL MOOT COURT COMPETITION,

2015
MOOT PROBLEM
1) Union of Indus Land is a Federal Democratic Republic Country. It is divided into 29
states. The state of Purvanchal was one of the largest state 10 years ago. There was one
Purvanchal Dam constructed to construct a canal for production of electricity and also
for supply of water for irrigation of the agricultural land of the state. The canal was so
built that it was covering entire state.

2) The canal was passing from northern part of the state to southern part of the state.
Purvanchal dam/Purvanchal Power Station was constructed in such a way that water
level was increased to such level that flow of water could be maintained with same
pressure even till last part of the canal. Entire states electricity requirement was
fulfilled from the same Purvanchal Hydral Power Station. On the other hand the canal
was fulfilling the irrigational requirement of entire state from northern side to southern
side of the state.

3) However state of Purvanchal was reorganized into two different states, one was named
as Southern Purvanchal and the other state was named as Northern Purvanchal under
the State Re-organization Act 1956. The State was divided in such a way that both
states had got almost same territorial area and the population of both newly formed
states was almost same.

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4) After partition of the state Purvanchal, the control of release of water from dam and
release of electricity from the Purvanchal Hydral Power Station came under complete
control of Northern Purvanchal state therefore what quantity of water and electricity
could be allowed to be parted by Northern Purvanchal State for utilization of Southern
Purvanchal state, also was within the control of Northern Purvanchal state. From the
dam 20500 cusecs of water used to be released per day in canal so that 1000 cusecs of
water per day used to reach to Southern Purvanchal State. The Purvanchal Hydral
Power Station used to produce 2000 MW of electricity and 1000 MW of electricity
used to be supplied from the Purvanchal Hydral Power Station to Southern Purvanchal
State. At the time of partition of state one agreement was executed by newly formed
states that the cost of production of electricity at Purvanchal Hydral Power Station and
cost for maintaining the canal would be shared by both states equally.

5) According to agreement Southern Purvanchal was sharing the electricity production

cost and also cost of maintenance of canal equally. Initially Northern Purvanchal State
used to share the electricity 1000 MW of Electricity and used to release water almost
10000 cusecs of water per day to state of Southern Purvanchal State. Thus Southern
Purvanchal State was getting sufficient electricity for use for whole state and sufficient
water in the canal for their irrigational requirements. After 5 years there were assembly
elections in both the states. In both the state new political parties had come into power.
After the election when Northern Purvanchal State started sharing only 500MW of the
electricity to Southern Purvanchal State whereas production at Purvanchal Hydral
Power Station was same that of 2000 MW of electricity. Similarly the quantity of
water supply in canal was reduced. Instead of supply of 10000 cusecs of water per day
the supply of water in canal was reduced to 6000 cusecs of water per day. Whereas
there was no shortage of water level in dam. This resulted into serious irrigational
problem for the farmers of Southern Purvanchal State, whose fields otherwise was
totally dependent for irrigation from supply of the 10000 cusecs of water per day in the
canal.

6) The farmers of Southern Purvanchal State were protesting and were asking the state
government of Suouthern Purvanchal State to intervene in the matter to ensure that

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electricity and water problem may not continue and politically both the States could
settle the dispute amicably. However the state government of Southern Purvanchal
State could not resolve the issue inspite of the fact that they had approached the
government of Northern Purvanchal State several times for restoring the earlier sharing
of water and electricity. Nevertheless the government of Southern Purvanchal State was
not taking appropriate legal step to ensure restoring supply of 1000 MW electricity to
Southern Purvanchal State as well as for release of 10000 cusecs of water per day in
the cannel for use of Southern Purvanchal State for irrigational purpose.

7) The government of Southern Purvanchal State approached to the central government,

however both in the Central government as well as in the state government of Northern
Purvanchal State the governments were run by same political party, therefore the
Central government had not shown much interest in intervening in the matter whereas
the farmers of the Southern Purvanchal State were great sufferers because of the crops
were destroyed due to insufficient water supply in the canal and due to cut in eclectic
supply the farmers could not resort to alternative method of irrigation.

8) One of the farmer RamKrishna.P of Southern Purvanchal State filed one Public
Interest litigation before Federal Court praying to give direction to both Central
Government of Union of Indus Land and Government of Northern Purvanchal State
for restoring the supply 1000MW of electricity from Purvanchal Power Station and
restore the 10000 cusecs of water in the canal running in Southern Purvanchal State.

Note:- Union of Indus Land has Federal Court similar to that of Supreme Court of India.
Similarly the Constitution of the Union of Indus Land is similar to that of the Constitution of
India. Various Acts which are in force in Union of Indus Land are same Union of India are
identical. Thus there are similarities in the laws, judicial system and Centre State relations.

The issues should be four or less than it.