Doctrine of public trust in enviromental law
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The document discusses the doctrine of public trust and its origins and implications. It provides the following key points: 1. The doctrine of public trust holds that natural resources vital to people's welfare, like air, sea, waters and forests, cannot be subject to private ownership but must be held in trust by the government for public use. 2. The origins of the doctrine can be traced to Roman and English common law and it was recognized in the US through a landmark Supreme Court case. 3. In India, the doctrine is recognized in the constitution and the courts have applied it to protect natural resources and hold the government accountable as trustee for the people.
![Prof. J.L. Sax and the Public Trust Doctrine
Prof. Joseph L. Sax, Professor of Law, University of Michigan was
one of the greatest proponents of the Modern Public Trust Doctrine.
According to Prof. Sax, whose article namely "The Public Trust
Doctrine in Natural Resource Law: Effective Judicial Intervention",
Michigan Law Review, Vol. 68, No. 3 (Jan. 1970) pp.471-566] on this
subject is considered to be an authority, three types of restrictions on
governmental authority are often thought to be imposed by the
public trust doctrine:
1. 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;
2. the property may not be sold, even for fair cash equivalent;
3. the property must be maintained for particular types of use
(i) either traditional uses, or (ii) some uses particular to that form of
resources."](https://image.slidesharecdn.com/doctrineofpublictrustinenvlaw-150606104631-lva1-app6891/85/Doctrine-of-public-trust-in-enviromental-law-6-320.jpg)
Doctrine of public trust in enviromental law
- 1. Doctrine Of Public Trust and Environmental Law EscrowTech India Private Limited Creative Enclave, III Floor, #148-150, Luz Church Road, Mylapore, Chennai, India – 600 004. Phone: +91 44 45535571/72 Tele Fax: +91 44 42104341 Email: info@escrowtech.in Website: www.escrowtech.in Meghna Bhaskar Legal Counsel
- 2. Concept of Trust In the Common Law jurisprudence, a trust is 'the legal relationship between one person having an equitable ownership in property and another person owning the legal title to such property.' Accordingly, in the context of the Public Trust Doctrine, the legal title is vested in the state and the equitable title in the public. Thus the state is responsible as trustee to manage the property in the interest of the public.
- 3. Doctrine of Public Trust - simplified Resources like air, sea, waters and the forests have great importance to the people as a whole that it would be wrong to make such resources a subject of private ownership. Natural resources being a gift of nature, should be 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 Public at large is the beneficiary and the State as a trustee is under a legal duty to protect the natural resources
- 4. The Origins of the Public Trust Doctrine The origins of the doctrine can be traced back to Roman times. According to The Institutes of Justinian, ‘by the law of nature, these things are common to mankind the air, running water, the sea, and consequently the shores of the sea.’ However, Roman principles of acquisition of property were based on the premise of abundance. Nowadays, due to the scarcity of resources the concept of Public Trust is based on ecological interdependence. In England, this concept appears in the common law, particularly through the writings of Bracton and Flecta, England’s Magna Carta, and commentary by Blackstone. These sources are cited as precedent for the notions of common rights to navigation and fishing. In USA the landmark case Illinois Central Railway Co. v. Illinois it was recognized by the Supreme Court of United States that title to the land held in public trust can only be granted, when the grant does not impair the public interest or where the grant improved the public trust.
- 5. Implication The Public trust doctrine serves the following purposes: it mandates affirmative state action for effective management of resources and empowers citizens to question ineffective management of natural resources. as leverage during policy deliberations and public scoping sessions and hearings used by the courts as a tool to protect the environment from many kinds of degradation
- 6. Prof. J.L. Sax and the Public Trust Doctrine Prof. Joseph L. Sax, Professor of Law, University of Michigan was one of the greatest proponents of the Modern Public Trust Doctrine. According to Prof. Sax, whose article namely "The Public Trust Doctrine in Natural Resource Law: Effective Judicial Intervention", Michigan Law Review, Vol. 68, No. 3 (Jan. 1970) pp.471-566] on this subject is considered to be an authority, three types of restrictions on governmental authority are often thought to be imposed by the public trust doctrine: 1. 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; 2. the property may not be sold, even for fair cash equivalent; 3. the property must be maintained for particular types of use (i) either traditional uses, or (ii) some uses particular to that form of resources."
- 7. Doctrine of Public Trust in India • Doctrine of Public Trust is still at the stage of emergence • It has been held by the Supreme Court that the Doctrine of Public Trust is part of Article 21 of the Indian Constitution since the doctrine fosters a pollution free environment, which is a part of right to life. • Article 39 (b) sets out that the State shall, in particular, direct its policy towards securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good • Moreover, Article 47 of the Indian Constitution provides that - “The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.” Hence, the Constitution has not provided the State the ownership of the resources of environment or forests, but the position of the State is that of a trustee, who is required to protect and improve these resources for the public at large
- 8. M C Mehta v Kamal Nath (1997) 1 SCC 388 Brief Facts: The State Government of H.P. granted lease of riparian forestland to a private company for commercial purpose. The purpose of the lease was to build a motel at the bank of the River Beas. A report titled "Kamal Nath dares the mighty Beas to keep his dreams afloat“ published in a national newspaper alleged that the motel management interfered with the natural flow of the river in order to divert its course and to save the motel from future floods. The Supreme Court initiated suo motu action based on the newspaper article. Judgement: The Supreme Court stated that the Public Trust Doctrine primarily rests on the principle that certain resources like air, sea, waters and forests have such great importance to the people as a whole that it would be unjustified to make them a subject of private ownership. The court observed that: As rivers, forests, minerals and such other resources constitute a nation's natural wealth. These resources are not to be frittered away and exhausted by any one generation. Every generation owes a duty to all succeeding generations to develop and conserve the natural resources of the nation in the best possible way. It is in the interest of mankind. It is in the interest of the nation. Thus, the Public Trust doctrine is a part of the law of the land.
- 9. M.I. Builders v Radhey Shyam Sahu AIR 1999 SC 2468 Brief Facts: The Lucknow Municipal Corporation granted permission to a private builder to construct an underground shopping complex which was against the Municipal Act and Master plan of the city of Lucknow. Judgement: The Supreme Court held that the Municipal Corporation, as a trustee for the proper management of the park, has to be more cautious in dealing with its properties. The Court added that land of immense value had been handed over to it to construct an underground shopping complex in violation of the public trust doctrine. The maintenance of the park, because of its historical importance and environmental necessity, was in itself a public purpose. In addition, the Municipal Corporation had violated the Public Trust Doctrine and the Court ordered the demolition of the unauthorized shopping complex.
- 10. Mrs. Susetha v. State of Tamil Nadu & Ors AIR 2006 SC 2893 Brief Facts: This dispute involves a temple tank in a village near Thoraipakkam on OMR. The said tank was lying in disuse and was abandoned. The Panchayat took a decision of constructing a shopping complex for the purpose resettlement of those persons who were displaced due to expansion of the highway. The State of Tamil Nadu also issued a Government Order permitting constructions of a shopping complex therein. Judgement: This is an articulation of the doctrine from the angle of the affirmative duties of the State with regard to public trust. Formulated from a negatory angle, the doctrine does not exactly prohibit the alienation of the property held as a public trust. What was emphasized was a higher degree of judicial scrutiny. The development of the doctrine of sustainable development is a welcome feature but while emphasizing the need of ecological impact, a delicate balance between it and the necessity for development must be struck. Whereas it is not possible to ignore inter-generational interest, it is also not possible to ignore the dire need which the society urgently requires.
- 11. Other Relevant Case laws Intellectuals Forum, Tirupathi v. State of A.P. &Ors. AIR 2006 SC 1350 T.N. Godavaraman Thirumulpad (99) v. Union of India and Ors. (2008)2SCC222 Fomento Resorts And Hotels Limited & Anr. v. Minguel Martins & Ors. Civil Appeal No. 4155 & 4156 of 2000 Reliance Natural Resources Limited v. Reliance Industries Limited, (2010) 7 SCC 1 Centre for Public Interest Litigation &Ors. v. Unionof India & Ors WP (C) No. 423/2010 In Re: Special Reference No.1 of 2012 [Under Article 143(1) of the Constitution of India Jagpal Singh & Ors v. State of Punjab & Ors., Civil Appeal no. 1132 of 2011 Karnataka Industrial Areas Development Board v. C Kenchappa & Ors. AIR 2006 SCW 2546
- 12. Conclusion The Doctrine of Public Trust is a highly useful tool in the hands our Judiciary to protect and preserve the environment from the arbitrary and unreasonable actions of the governmental authorities. These days the influence of private actors (corporate bodies) is increasing globally, there are high chances of misuse of the natural resources or grant of these resources in favour of private players by the governments. In such cases the Doctrine of Public Trust would work as an effective check of the exercise of power by government with regard to dealings and management of natural resources.
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