Public Trust Doctrine.pptx

Who owns earth and its resources ?
And how much of these resources can be used by the general public ?
This was an important question in the ancient days.

● Accordingly it was the Byzantine Emperor Justinian l who pioneered the concept, which later came to be known as the Public Trust Doctrine.

● PUBLIC TRUST DOCTRINE is the principle which states that; certain resources like -
the Air, Water, Sea, Forests, Rivers, Ponds, Lakes, Mountains can never be subject to
PRIVATE OWNERSHIP.


● Such sources are a gift of the nature to the mankind as a whole.

● It should be available to all irrespective of race, religion, caste, sex
and social status.

◆ 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.

1. PUBLIC TRUST DOCTRINE SHASHWATA SAHU

2. INTRODUCTION Who owns earth and its resources ? And how much of these resources can be used by the general public ? This was an important question in the ancient days. ● Accordingly it was the Byzantine Emperor Justinian l who pioneered the concept, which later came to be known as the Public Trust Doctrine. ● PUBLIC TRUST DOCTRINE is the principle which states that; certain resources like - the Air, Water, Sea, Forests, Rivers, Ponds, Lakes, Mountains can never be subject to PRIVATE OWNERSHIP. ● Such sources are a gift of the nature to the mankind as a whole. ● It should be available to all irrespective of race, religion, caste, sex and social status.

3. Origin of Public Trust Doctrine ● The Public Trust Doctrine was conceptualized by the Byzantine Emperor Justinian I. ● As the Byzantine Empire was situated around the seashore and hence he held that:- The sea, the shores of sea, the air and running water was common to everyone. The Sea shore could not be appropriated for private use and was open to all. ● If we see the map of Byzantine Empire we can deduce that the Byzantine Empire was situated in the North Africa, Italy, Spain, France, Greece, Turkey and around the Mediterranean Sea. ● Hence restricting the access to sea would have been disastrous for the development of the region

4. ● After Byzantines later on Englishmen also accepted the Public Trust Doctrine. ● Magna Charta in 1215 further strengthened the Public Trust Doctrine by removing the restrictions to sail in the English Channel which was exclusively available to the English Royalty. ● In India, Mahatma Gandhi was the staunch supporter of this doctrine. ● And the Indian Constitution has inserted several articles about this. ● The Supreme Court of India has delivered many landmark judgements by using the principles of Public Trust Doctrine. ● The court took procedural and substantive rights seriously and applied this doctrine for the protection of Environment. ● The apex court also referred to various articles of the Indian constitution such as Article 48A which made a way through Article 21 by including the right to clean environment under the right to life and Article 39 [DPSP] which states proper distribution of the resources.

5. Public Trust Doctrine ● The Public Trust Doctrine primarily rests on the principle that, “ Certain resources like air, water, sea 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 are a gift of nature and hence they should be made freely available to everyone irrespective of the status in life. ● The doctrine lays down the emphasis on the Government and suggests that the Government shall protect these resources as a trustee of the general public. ● The shoud not to permit their use of private ownership or commercial purposes even at a fair market price.

6. Public Trust Doctrine serves 2 purposes :- It mandates affirmative state action for effective management of resources. It empowers the citizens to question ineffective management of natural resources. ● This doctrine gurantees public access to these resources and mandates public accountability in exchange. ● Stockholm Declaration on Public Trust Doctrine - “ The natural resources of the earth, including the air, water, land, flora and fauna and especially representative samples of natural system, must be safeguarded for the benefit of present and future generations through careful planning or management, as appropriate…” ● 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.

7. Public Trust Doctrine & Indian Constitution ARTICLE - 48A The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country. This Article was added by the 42nd Amendment, 1976 and places an obligation on the State to protect the environment and wildlife. ARTICLE - 51g It shall be duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures. ◆ Resources like air, water, sea and the forests are a part of public doctrine. These resources should be accessible to the general public for their use. These resources should not be sold to the private owners even at a fair market price. These resources should be maintained by the Government and the Government should strengthen them for the beneficial enjoyment of public.

8. Objectives of Public Trust Doctrine ● Traditionally Public trust doctrine was only limited to protect the rights like the right to fisheries, hunting, boating, navigation for anchoring or standing. ● But in the present scenario, it checks the state action for management of the resources and it also questions its action. ● It states the state as a trustee and the state holds all the resources. ● It is the duty of the state to preserve, prevent and protect the resources for the public use. ● The state is expected to perform its positive duty.

9. M C Mehta v. Kamal Nath (1997) 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.

10. 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.

11. M.I. Builders v. Radhey Shyam Sahu (1999) 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.

12. Mrs. Susetha v. State of Tamil Nadu & ors. (2006) 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.

13. 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.

14. 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.

15. Thank You! SHASHWATA SAHU KIIT School of Law, Bhubaneswar