Sankalp Mirani

VOL.
1 ISSUE 3 Journal of Legal Research and Juridical Sciences ISSN (O): 2583-0066
PUBLIC TRUST DOCTRINE IN ENVIRONMENTAL LAW
Sankalp Mirani*
Natural resources are gifts from nature to humankind, and they are meant to be used by us.
There are some resources of critical importance, such as water, air, forests, and the beach, that
cannot be given to a few private individuals. The general public owns such resources, and the
government is required to serve as a trustee on their behalf. This principle is called the Public
Trust Doctrine. A trustee is someone who holds the property on behalf of a beneficiary for the
beneficiary's sole benefit. The government/state is the trustee in this philosophy, and the
beneficiaries are citizens. According to this doctrine, the government is the trustee of the
people, tasked with looking after the public's resources for their use and benefit, as well as
protecting them from overexploitation. Primarily, this legal theory was formed in ancient Rome
and is based on the concept that certain resources are of such value to the public as a whole
that making them a subject of private ownership would be wrong.
OBJECTIVES OF THE DOCTRINE
Essentially, the Public trust doctrine is a check and balance system for natural resource
management. It imposes an obligation on the government to make effective efforts to manage
the resources, as well as giving citizens the right to question resource overexploitation.
EVOLUTION OF PUBLIC TRUST DOCTRINE IN INDIA
This theory has evolved in India through judicial interpretations. Although the doctrine's ideas
are enshrined in the constitution, the Indian judiciary has attempted to infuse notions of public
trust in India through several significant case laws.
M.C Mehta v. Kamalnath, 19971: The public trust doctrine was emphasized for the first time
in this case. In this case, the state government awarded a lease to the Spam Motel Company, a
private company, to build a hotel near the Beas River's mouth. It also permitted the company
to alter the river's course. The lease-deed by which forested land was leased to the Motel
Company was overturned by the Supreme Court, which determined that the Motel Company's
*
FIRST YEAR BA.LLB (MNLU MUMBAI)
1
M.C. Mehta v. Kamal Nath and Ors., AIR 1997 1 SCC 388
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VOL. 1 ISSUE 3 Journal of Legal Research and Juridical Sciences ISSN (O): 2583-0066
construction activities were not warranted. The Motel was ordered to pay cost compensation
for the restoration of the area's environment and ecosystem. The court emphasized that the
public trust doctrine is a part of the law of the land. As custodians of all-natural resources
intended for general public use and enjoyment, the government should ensure that all-natural
resources are properly managed. The environment and natural resources should not be depleted
or wiped out as a result of their actions.
M.I. Builders Pvt. Ltd. v. Radhey Shyam Sahu, 19992: In this case, The Lucknow City
Corporation granted permission and entered into a deal with M. I. Builders to build an
underground shopping complex in a public park. The Supreme Court ruled that the provisions
of the agreement demonstrated that the clauses are unreasonable, and the court applied the
Public Trust doctrine to the right to life, halting the construction of a shopping complex in the
location of a public garden, citing the garden as a public resource. The City Corporation was
ordered by the court to restore the park to its original position. The court stated that the public
trust doctrine has evolved under Article 21 of the Indian constitution and it is invoked in India
to preserve people's fundamental rights.
Shailesh R. Shah v. State of Gujarat, 20023: This lawsuit is known as the Lake Protection
Case. In this verdict, the Gujarat High Court emphasized the importance of the state's
responsibilities. The court held that the state owns all of the resources, such as the lake, pond,
natural gas, and wetlands, and as trustee, it is the state's responsibility to preserve and protect
them for public use.
PUBLIC TRUST DOCTRINE IN THE CONSTITUTION
Although the Indian Constitution makes no explicit reference to this notion, it does contain
provisions that make the state the trustee of natural resources. The right to life is protected by
Article 21 of the Constitution4, and the Supreme Court of India has ruled that this doctrine
should be included in the right to life which is a fundamental right since the doctrine of public
trust supports a clean environment, which is also protected by Article 21. The state has the
authority under Article 39(b) of the constitution 5 to direct its policies regarding the ownership
2
M. I. Builders v. Radhey Shyam Sahu, AIR 1999 SC 2468
3
Shailesh R. Shah v. State of Gujarat, AIR 2002 SCC OnLine Guj 164 : (2002) 43 (3) GLR 2295
4
INDIA CONST. art. 21.
5
INDIA CONST. art. 39, cl. b.
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VOL. 1 ISSUE 3 Journal of Legal Research and Juridical Sciences ISSN (O): 2583-0066
and control of the community's material resources, as well as to make policies to help distribute
these resources in the most efficient manner possible to serve all of the community's people.
Furthermore, Article 47 of the Indian Constitution6 stipulates that the State shall endeavor to
maintain and promote the environment, as well as to safeguard the country's forests and
animals.
CONCLUSION
The environment and its resources are essential for human existence. It is the responsibility of
both the state and the citizens to safeguard and utilize resources in the most efficient manner
possible. Article 51-A (g)7 of the Indian Constitution, which deals with citizens' fundamental
duties, imposes an obligation on every citizen of India to safeguard and improve the natural
environment, including forests, lakes, rivers, and animals. The Doctrine of Public Trust is
currently in its early stages of development and is constantly in flux. In India, the theory has
been developed to a large part by the Indian judiciary through judicial interpretations, which
have been incorporated into numerous case laws. The doctrine is an excellent strategy to ensure
environmental protection since it checks government administration and assures good
management and protection of natural resources from over-exploitation.
6
INDIA CONST. art. 47
7
INDIA CONST. art. 51, amended by The Constitution (Eighty Sixth Amendment) Act, 2002
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VOL.

PUBLIC TRUST DOCTRINE IN ENVIRONMENTAL LAW

OBJECTIVES OF THE DOCTRINE

EVOLUTION OF PUBLIC TRUST DOCTRINE IN INDIA

PUBLIC TRUST DOCTRINE IN THE CONSTITUTION

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