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Memorial 3 Petitioner

The writ petition filed by the Greenwood Residency Welfare Association challenges an eviction notice issued by the Municipal Corporation of Magna, arguing it violates residents' fundamental rights under Articles 14 and 21 of the Constitution of Arunodaya. The petitioners claim that the eviction is arbitrary, lacks due process, and that the long-standing existence of the community implies legal recognition. They seek to quash the eviction notice, allow residents to rectify environmental concerns, and prevent further actions by the municipal corporation until the matter is resolved.

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Bala Ganesh
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25 views10 pages

Memorial 3 Petitioner

The writ petition filed by the Greenwood Residency Welfare Association challenges an eviction notice issued by the Municipal Corporation of Magna, arguing it violates residents' fundamental rights under Articles 14 and 21 of the Constitution of Arunodaya. The petitioners claim that the eviction is arbitrary, lacks due process, and that the long-standing existence of the community implies legal recognition. They seek to quash the eviction notice, allow residents to rectify environmental concerns, and prevent further actions by the municipal corporation until the matter is resolved.

Uploaded by

Bala Ganesh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 10

MOOT PROBLEM – 3

VISWA BHARATHI COLLEGE OF LAW

IN THE HGH COURT OF TRILINGA

WRIT PETITION (civil) No: of 2025

IN THE MATTER BETWEEN:

Greenwood residency welfare association ………………


PETITIONER

Vs

Municipal corporation of magna ……………RESPONDENT

MEMORIAL ON BEHALF OF THE PLAINTIFF

SUBMITTED BY:

B. BALAKRISHNA

GENERALS

ROLL No. (6096-22-831-083)

LLB 3YDC 6TH SEM


TABLE OF CONTENTS

1. List of Abbreviations

2. Index of Authorities

3. Statement of Jurisdiction

4. Statement of Facts

5. Issues Raised

6. Summary of Arguments

7. Arguments Advanced

8. Prayer
List of Abbreviations

1. GRWA – Greenwood Residency Welfare Association

2. MCM – Municipal Corporation of Magna

3. Art. – Article

4. SC – Supreme Court

5. HC – High Court

6. U/A – Under Article

7. CoA – Court of Appeals

8. Const. – Constitution of Arunodaya

9. W.P. – Writ Petition

10. SCC – Supreme Court Cases


Index of Authorities

1. Article 14, Constitution of Arunodaya – Right to Equality

2. Article 21, Constitution of Arunodaya – Right to Life and Personal Liberty

3. Article 226, Constitution of Arunodaya – Writ Jurisdiction of High Courts

4. M.C. Mehta v. Union of India, (2004) 12 SCC 118 – Landmark case on


environmental concerns near water bodies.

5. Olga Tellis v. Bombay Municipal Corporation, 1985 SCC (3) 545 – Fundamental
right to shelter under Article 21.

6. Hindustan Petroleum Corporation Ltd. v. Darius Shapur Chenai, (2005) 7 SCC


627 – Requirement of a hearing before eviction.

7. Municipal Board v. Bharat, AIR 1962 SC 1563 – Zoning regulations and


compliance with urban planning laws.
Statement of Jurisdiction

This writ petition is being filed under Article 226 of the Constitution of
Arunodaya, before the Hon’ble High Court of Trilinga, seeking the
following reliefs against the Municipal Corporation of Magna. The High
Court has jurisdiction to entertain this petition as the matter pertains to
the violation of fundamental rights (Article 14 and Article 21) and the
legality of the municipal corporation’s actions, which affect the residents’
right to shelter and right to life.
Statement of Facts

1. Greenwood Residency is a gated community in Magna, Trilinga State,


with over 500 families, managed by the GRWA, a registered welfare
association.

2. In January 2025, the MCM issued an eviction notice to the residents,


ordering them to vacate their flats within 60 days, citing proximity to a
water pond, lack of building permissions, and improper drainage systems
leading to environmental harm.

3. The residents contest the eviction notice, arguing that they were not
given a fair opportunity to rectify any violations and that their right to
shelter under Article 21 has been violated.

4. GRWA filed a writ petition under Article 226 of the Constitution before
the High Court of Trilinga, seeking a stay on the eviction and judicial
review of the MCM’s decision.
Issues Raised

1. Whether the eviction notice issued by the Municipal Corporation of


Magna is arbitrary and violates the residents’ fundamental rights under
Article 14 and Article 21 of the Constitution of Arunodaya?

2. Whether the long-standing existence of Greenwood Residency without


prior government action constitutes an implicit recognition of its legality,
thereby preventing the municipal authorities from enforcing the eviction
order at this stage?

3. Whether the municipal corporation was required to provide an


opportunity for the residents to protect their interests before ordering
eviction?

4. Whether the failure of government authorities to regulate the


construction at the time of its development makes the current eviction
unjustified for innocent residents who purchased their homes in good
faith?

5. What legal remedies can be granted under Article 226, including


quashing of the eviction notice, rehabilitation measures, or alternative
solutions to resolve environmental concerns?
Summary of Arguments

1. Violation of Principles of Natural Justice: The residents were not given a


reasonable opportunity to respond to the allegations before the eviction
order was issued. This violates the principles of natural justice guaranteed
under Article 14. The MCM acted arbitrarily without prior consultation or
warning.

2. Right to Shelter under Article 21: The eviction order threatens the
residents’ fundamental right to shelter. As recognized in Olga Tellis v.
Bombay Municipal Corporation, the right to housing is intrinsic to the right
to life under Article 21.

3. Implicit Legality of the Building: Greenwood Residency has been in


existence for over a decade without any objections or actions from the
authorities. The lack of enforcement or notification for such a long period
suggests implicit approval of the building’s legality.

4. Discriminatory Action: The MCM has selectively targeted Greenwood


Residency, while other similarly situated buildings in the area have not
received eviction notices. This selective enforcement violates the
residents’ right to equality under Article 14.

5. Environmental Concerns Can Be Addressed Without Eviction: The


residents are willing to cooperate with the authorities to address the
alleged environmental concerns, including rectifying the drainage system.
Demolition and eviction should be a last resort.
Advanced Arguments

1. Violation of Article 14 and 21: The actions of the MCM have resulted in a
violation of both the right to equality and the right to life, as it arbitrarily
targets Greenwood Residency without a fair hearing. The case of
Hindustan Petroleum Corporation Ltd. v. Darius Shapur Chenai
emphasizes the requirement for a hearing before eviction, which was not
provided here.

2. Estoppel and Legitimate Expectation: The longstanding existence of the


building and the inaction of the authorities over the years create a
legitimate expectation among the residents that the construction was
legal. The doctrine of estoppel prevents the MCM from enforcing the
eviction order after a prolonged period of silence.

3. Constitutional Protection of Right to Shelter: The right to shelter is not


merely the right to a roof over one’s head but encompasses the right to
live in dignity and security, as recognized in Chameli Singh v. State of U.P.
The forced eviction of over 500 families without proper rehabilitation
violates the constitutional mandate.
Prayer

In light of the above facts and arguments, the petitioners, on behalf of the
residents of Greenwood Residency, pray that this Honorable Court may be
pleased to grant the following reliefs:

1. Quash the eviction notice issued by the Municipal Corporation of Magna


as arbitrary and in violation of Articles 14 and 21 of the Constitution.

2. Allow the residents an opportunity to rectify the alleged environmental


violations, including improving the drainage system, rather than forcing
them to vacate.

3. Grant an injunction restraining the Municipal Corporation from


demolishing the property or taking further action until this matter is fully
adjudicated.

4. Order compensation or rehabilitation measures for the residents if


eviction becomes necessary, especially for those who purchased their
flats legally and in good faith.

5. Any other relief the honourable Court may deem fit and proper in the
interest of justice.

Date :

Place : advocate for plaintiff

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