Doctrine of public trust

The public trust doctrine provides that certain resources are preserved for the public use and the government is required to preserve and maintain the same for public’s reasonable use. This doctrine is used mainly in the conservation of natural resources specially the non renewable ones like fossil fuel.

The public trust doctrine is an important aspect of the concept of sustainable development. It aims at creating and preserving a reserve of resources while handling developmental activities.

In the case of M C Mehta vs Kamal Nath[1], the Apex Court stated that the doctrine of public trust is applicable in India. In the given case, the lease granted on 27 bigha and 12 biswas of land to the Span Motels private limited was set aside and the Himachal Pradesh government was ordered to restore the land to its original natural condition.

In the case of Shri Balaji park residents welfare vs vice chairman, Vishakhapatnam[2], the Andhra Pradesh High Court observed that: “The obligatory functions leave no manner of doubt that park being a property having vested in the Municipality, has the duty to maintain the develop the same. It, of course, has a discretionary duty, inter alia, to construct and maintain a Community Hall but the same cannot be done at the cost of ecology and greenery. The State, as noticed hereinbefore, has a duty to look after the environment, safety and improvement.”

In T.N. Godavarman Thirumulpad vs Union of India & Ors[3], the Supreme Court observed “that Natural resources are the assets of entire nation. It is the obligation of all concerned including Union Government and State Governments to conserve and not waste these resources. Article 48A of the Constitution of India requires the State shall endeavour to protect and improve the environment and to safeguard the forest and wild life of the country. Under Article 51A, it is the duty of every citizen to protect and improve the natural environment including forest, lakes, rivers and wild-life and to have compassion for living creatures.”

The doctrine finds its importance in matters relating to allotment of petrol pumps, lease of land, use of non renewable energy sources and other natural resources likes minerals.

The concept behind this doctrine is that it is the duty of the government to conserve natural resources for the use of future generations.

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[1] (1997)1 SCC 388

[2]AIR  2001 AP

[3] 2005 SC