Constitutional law

aditya naik (Querist) 15 August 2013 This query is : Resolved
FINAL MOOT PROBLEM

Poente is a state in the Union of India on the western coast. The state has a continuous stretch of 150 to 200 kms. of the coast line. The State mainly depends on tourism, domestic as well as international as a source of revenue. Tourism is not limited to the beaches as the State is also blessed with beautiful mountain ranges, deep valleys, waterfalls, natural lakes etc. The city of Zoori is the capital of Poente. Zoori is internationally known for its scenic beauty. With the rise of construction activity during the last two decades contributing to migrant population, a large slum area called Darawi developed, housing about 1000 families adjacent to the famous Linda beach, 3.5 knis away from Zoori. Various immoral activities and unhygienic living conditions in and around Linda beach was an eye sore to the people of Zoori and an embarrassment to the Government as well. This also created law and order problems including many instances of theft, murder etc. In order to promote tourism and also to get rid of the slum, the Municipal Corporation of Zoori passed an order of eviction and clearance to the residents of Darawi. There were reports in the newspapers that the Government intended to use this part of the beach to set up a 5-star hotel with casino facility in order to promote international tourism. The slum dwellers were much agitated by the Government order and refused to move out of their dwellings. With the help of some political leaders and NGOs the residents formed an organization called "Aam Janata Shaktr, and drew a plan for agitation against the Government action. After nearly a month long agitation which created much inconvenience to the people as there were many bandhs, protests. lathi charge etc. the Corporation entered into negotiations with Lokshakti at the behest of the Minister for Panchayat and a settlement was arrived at, wherein the Corporation agreed to construct a multi-storied building complex to house the residents of the slum at in the outskirts of Zoori, 30 kms. from the slum. They would be required to move out of the slum only after completion of the building. The Corporation immediately began the construction and completed the project with a span of 6 months. During that time there were news items wherein it was reported that the city of Zoori was a seismic area. Hence, proper precautionary construction technology would have to be adopted. As promised, on completion of the building complex, the Aam Janata Shakti took an initiative to ensure that all the then existing families in the slum got residential accommodation. Thereafter the Corporation demolished the remaining structures at Darawi and the land was leased out to a famous chain of hotels- La Indiana chain of hotels which was to put up a huge five star hotel with 24-hour casino facility, which was given much publicity world wide, specially in most of the European countries. On Thursday, 11th of September 2003, at about 1 a.m., there was an earthquake with an intensity of 6.3 on the richter scale, As a result of the earthquake, five of the buildings in the complex were raised to the ground and others developed deep structural cracks. As per news reports-, 200 people most of whom were women and children lost their lives. There were some Low-Income Group (MG) residential colonies in the vicinity. Many of the buildings had also developed cracks. Though there were reports of building damage, there was no news of any loss of lives of these residents. The Chief Minister of the State announced an ex-gratia payment of Rs. I 0,000/- per family of the deceased person. The members of Lokshakti immediately started an agitation alleging that the Corporation had intentionally shifted them to Darawi knowing very well that it was an earthquake prone area, only for setting up of a 5 star hotel at Bharavi and the Corporation did not care for the lives of the slum dwellers. Lokshakti further contended that if they were not shifted out of Darawi, many of them would have not lost their lives. Therefore, they demanded that the Corporation pay each of the deceased person's family compensation of Rs. l Lakh and rehabilitation to all the residents of Darawi to a safer place. The Corporation and the Government refused to pay any further compensation and did not entertain the grievance of Aam Janata Shakti. Aam Janata Shakti filed a Writ Petition under Art. 32 before the Supreme Court of India contendsing that:

l. The Corporation ignored the report of the newspaper and failed to take precautionary measures during construction.
2. Ex-gratia payment declared by the Government is inadequate.
3. Displacement of the slum dwellers amount to violation of Arts. 14 and 21 of the Constitution of India.
4. Displacement is not for public purpose
5. Therefore the State is liable to pay adequate compensation of Rs. 1 Lakh and for proper and safe rehabilitation.

The State of Poente and the Corporation rejected the claim on the following grounds:
1.Writ is not maintainable, as there is no violation of fundamental rights.
2. The whole city is seismological sensitive
3. Petitioners waived their right to compensation as they occupied the complex with full knowledge.

Please help me to argue from the petitioner’s side ……..

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