PUBLIC TRUST DOCTRINE

Supreme Court of India has declared that The public trust doctrine, is a part of the law of the land. What is Public Trust Doctrine ? The SC also explained the same in detail.

The State is the trustee of all natural resources which are by nature meant for public use and enjoyment. Public at large is the beneficiary of the sea-shore, running waters, airs, forests and ecologically fragile lands. The State as a trustee is under a legal duty to protect the natural resources. These resources meant for public use cannot be converted into private ownership. The Public Trust Doctrine primarily rests on the principle that certain resources like air sea waters and the forests have such a great importance to the people as a whole that it would be wholly unjustified to make them a subject of private ownership. The said resources being a gift of nature, they should be made freely available to everyone irrespective of the status in life. The doctrine enjoins upon the Government to protect the resources for the enjoyment of the general public rather than to permit their use for private ownership or commercial purposes. Three types of restrictions on governmental authority are often though to be imposed by the public trust. first, the property subject to the trust must not only be used for a public purpose, but it must be held available for use by the general public, second, the property may not be sold, even for a fair cash equivalent; and third, the property must be maintained for particular types of uses . Our legal system - based on English common law - includes the public trust doctrine as part of its jurisprudence, SC added.

The above principles of public trust doctrine has been interpreted by the SC itself in many cases. When the Municipality constructed an underground shopping complex in the place of park SC has interfered in the matter and directed to demolish the shopping complex and maintain the park . The Mahapalika was the trustee of the park and the doctrine of public trust was applicable to the park in question, they could only manage the park and could not alienate it or convert it something different from the park. Park was held by the Mahapalika on trust for the citizens of Lucknow, SC reiterated.

Tanks in villages are important part of environment and is a communal property. Under the guise of development, when constructions which has got the effect of adversely affecting the said tanks, SC has interfered with the matter. The state authorities are trustees to hold and manage such properties for the benefits of the community and they cannot be allowed to commit any act or omission which will infringe the right of the Community and alienate the property to any person or body, SC added.

Extending the said principle SC has now held that in future , before acquisition of lands for development, the consequence and adverse impact of development on environment must be properly comprehended and the lands be acquired for development that they do not gravely impair the ecology and development.

In Kerala a Panchayat has issued orders refusing permission to extract ground water due to environmental problems in the nearby areas. Following the principles of Public Trust Doctrine court has upheld the steps taken by the Panchayat. The State and its instrumentalities should act as trustees of this great wealth. State has got a duty to protect ground water against excessive exploitation and the inaction of the State in this regard will tantamount to infringement of the right to life of the people guaranteed under Art. 21 of the Constitution of India. Coca cola company has no right to extract much of national wealth and the extraction of ground water is illegal, the Court held.

Reiterating the principles of "Public Trust" sand mining was stopped. Madras HC directed to take appropriate action against the officers of the Government who permitted the illegal removal of the sand and causing damage to the river

Steps taken to acquire land which is the bed of a village. The same was challenged before the Rajasthan HC in a PIL. HC found that there is no necessity to invoke the urgency provisions and the principles of Public Trust has been highlighted.

Andhra Pradesh State Government has issued notification prohibiting conversion of agricultural land for another purpose namely for irrigation or for some other purpose whatsoever by the State/Board of Revenue. Andhra Pradesh HC has held that , the same cannot be said to be bad in law. Deep underground water belongs to the State in the sense that doctrine of public trust extends thereto. A person who holds land for agricultural purpose may, subject to reasonable restriction that may be made by the State may have the right to use water for irrigational purposes and for the said purpose he may also excavate a tank. But under no circumstances, he can be permitted to restrict the flow of water to the neighboring lands or discharge the effluents in such a manner so as to affect the right of his neighbor to use water for his own purposes.

Kerala State Government has framed a legislation for protecting the fragile forest land following the said principle of public trust doctrine. Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2002 was framed following the above principles.

The syllabus of many universities for law courses contains public trust doctrine as a subject of property rights.

© 2012 Environmental Law Research and Guidance Foundation India (ELaw India) Last Update : 25 April 2012 Page Created by P B Sahasranaman