UNIVERSITY INSTITUTE OF LEGAL STUDIES

INTRA DEPARTMENT MOOT COURT COMPETITION

MOOT PROPOSITION
Chantiya is one of the early planned modern city of Indiyana, designed by the
French architect Le Cotbustler. Chantiya & the area surrounding it were
constituted as the Union Territory on November 1, 1966. Chantiya serves as the
combined capital for both Punjgarh & Hargarh states. The total area of the union
territory is 114Sq.km. The UT Chantiya has been rated as the wealthiest city in
India & it is also known as the “The City Beautiful”.
Chantiya is known as the Union Territory. It means the city Chantiya is directly
under the administration of the Government of India. The Chantiya is one of the
beautiful place to live in India which is eventually touching the borders of
Punjgarh & Hargarh.

Five years after the UT Administration scrapped the project, the Rail India
Technical and Economic Service (RITES) has proposed the implementation of
Metro rail to decongest traffic in the tri-city.

The administration had allotted the work for preparation of the comprehensive
mobility plan (CMP) for the tri-city to RITES in March 2022 to suggest the best
option for public transport for the Tri-city.

In its draft report submitted to the administration, RITES has proposed a total of
64 km of Metro network to cater to the demand on major directions of travel in
the tricity.

Based on the primary surveys and data analysis, the public sector undertaking
(PSU) has proposed the Metro system could be implemented in two phases

The first phase would consist of three corridors in Chandiya with total length of
44.8 km. Of this, 16 km of the Metro system in the city may be underground and
the remaining 28.8 km will be elevated.
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During the survey, the PSU carried out the study with objectives and vision for
sustainable mobility for 2041, ways to integrate mobility plan with land-use plan
and determine the optimal mix of multi-modal public transport network. Focus
will be laid on providing safe, secure, efficient, reliable and seamless
connectivity to the residents of Chandiya. In addition, the survey also focused
on low-carbon mobility plan for the city and also lay stress on the existing
transport system with current and future demands for public transport.

To serve as the quickest mode of travel from one part of the city to the other,
the Delhiyana Metro Rail Corporation (DMRC) had prepared a detailed project
report (DPR) for Chandiya Metro in 2020.

According to the DPR, the initial project cost, including the land cost and taxes,
was estimated at Rs 10,900 crore. A 37-km Metro track was proposed for the
city, while a track length of 7.8 km was planned for Punjgarh and 6.41 km for
Hargarh.

A memorandum of understanding (MOU) was also signed between Hargarh,

Punjgarh and the UT Administration, but the Home Minister’s Advisory
Committee had turned down the DPR in 2021, saying the project was not
commercially and environmentally viable for Chandiya. As due to this project
many multi-cropped irrigated land should be in need to be acquired by the
government. Such multi-cropped land cannot be acquired as it will affect the
food security and economy of the country. Moreover, the landowners of the
land and the person interested in the land are against such acquisition.
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In 2022 the UT Government notices an increase in the population, number of

vehicles has also increased noticeably. Also, surrounding towns are witnessing a
rise in population, thus creating a pressure on public transport system in UT
Chandiya has highest per capita income of all cities in India. As the public
transport system is not robust, most people use personal vehicles, which lead to
road congestion, thus increasing travel time.

The Delhiyana Metro Rail Corporation again make a plan and present it on 2022
August in which they prepared a detailed project report for Chandiya Metro in
2024. A 37-km Metro track was proposed for Chandiya, 7.8 km for Punjgarh
& 6.41 km for hargarh, at a cost of Rs.10,900 crore. A pact was signed
between Hargarh, Punjgarh and UT, Home Minister’s Advisory Committee set it
on in 2023 saying it to be a need of an hour.

The High Court of Punjgarh and Hargarh gave decision in favour of government
of UT Chandiya and allow the acquisition of the land for the purpose of making
metro station on the ground that it is not infringing Indiayana Constitution
Article 300A and Section 10 and 40 of the Land Acquisition Act, 2013 is also
fulfilled.
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The Present case is a special leave petition

in the Supreme Court of Indiayana
against the order given by HC of Punjgarh and Hargarh registered by Land
Owners and Persons Interested of the Land that is going to be acquired by the
UT Administration, Punjgarh and Hargarh government. They are living there and
having their livelihood since 1980s. If that land is acquired many people will go
homeless, jobless and without any land. This will affect their fundamental rights
under Article 21 of Indiyana Constitution and Constitutional Right to Property.

Legal issues:
(a) Whether the Acquisition proposed to be made by the Government of UT
Chandiya is Constitutional?

(b) Whether the construction of Metro Station a public purpose?

(c) Whether the government follows the Land Acquisition Act, 2013 in force in
Indiayana?

In this Moot Proposition:

- Indiayana is India
- Chandiya is Chandigarh
- Punjgarh is Punjab
- Hargarh is Haryana
- Delhiyana is Delhi
- Article 21 and Article 300-A of Indiyana Constitution is same as Article 21 of
Indian
Constitution.
- Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation
and Resettlement Act, 2013 – This is the act under which government acquire
land for
public purpose.