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Special Reference 1 of 2012

Special Reference 1 of 2012

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Published by: Bar & Bench on Sep 27, 2012
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with the access of the public to a beach in Goa. Holding

that it was a public beach which could not be privatized or

blocked denying traditional access, this Court reiterated

the public trust doctrine as follows:

“52. The matter deserves to be considered from
another angle. The public trust doctrine which has
been invoked by Ms Indira Jaising in support of her
argument that the beach in question is a public
beach and the appellants cannot privatise the
same by blocking/ obstructing traditional access
available through Survey No. 803 (new No. 246/2)
is implicitly engrafted by the State Government in
Clause 4(ix) of the agreement. That doctrine
primarily rests on the principle that certain
resources like air, sea, waters 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. These resources are
gift of nature, therefore, they should be freely
available to everyone irrespective of one's status
in life.”


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