The concept of the Public Trust Doctrine, stemming from Roman law, has found an expansive scope in recent times. It imposes a duty on the state to safeguard environmental resources for the public’s benefit. This doctrine, evolving as a tool to combat various forms of environmental degradation, has influenced environmental policy legislation globally.

In India, the Public Trust Doctrine aligns closely with the constitutional principles, particularly under Article 21, which emphasizes the right to life. The Indian judiciary, recognizing environmental-ecological preservation as a fundamental value, has woven the public trust doctrine into its legal fabric.

Landmark Case: C. Mehta v Kamal Nath:

The doctrine’s explicit application in Indian jurisprudence began with the watershed case of M.C. Mehta v Kamal Nath. Here, the Supreme Court addressed a situation where the State Government leased riparian forestland to a private entity for commercial purposes, threatening environmental harm.

The court emphasized that certain resources, such as air, water, and forests, hold such significance for the public that privatizing them would be unjust. The State, according to the court, acts as a trustee of these resources, obligated to protect them for public use. The ruling firmly established the public trust doctrine as an integral part of Indian law.

The court stated that every generation owes a duty to conserve natural resources for succeeding generations. It underlined that rivers, forests, and minerals constitute the nation’s natural wealth, not to be squandered by any single generation. The application of the public trust doctrine was deemed essential in all Indian ecosystems.

In the absence of specific legislation safeguarding natural resources, the court invoked the public trust doctrine to hold the Himachal Pradesh government accountable for leasing ecologically fragile land. The polluter pays principle was applied, compelling the developer to compensate for the environmental restitution.

Implications and Future Directions:

This landmark case underscored the clash between those advocating for the pristine preservation of natural resources and administrative entities encroaching upon them. The court’s directive for compensation showcased the practical application of the public trust doctrine when legislative protection is lacking.

As India progresses, ongoing dialogues and legal developments will continue to shape the contours of the Public Trust Doctrine. Its integration into the legal framework reflects a commitment to balance development with environmental preservation, echoing the nation’s responsibility to future generations.