INTRODUCTION © Who owns earth and its resources ? © And how much of these resources ean he used by the general public ? © This was an important question in the ancient days. # Accordingly it was the Byzantine Emperor Justinian | who pioneered the concept, which later came to be known as the Publie Trust Doctrine. © PUBLIC TRUST DOCTRINE is the principle which states that; certain resources like - the Air, Water, Sea, Forests, Rivers, Ponds, Lakes, Mountains ean 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, easte, sex and social status.Origin of Public Trust Doctrine© After Byzantines later on Englishmen also accepted the Public Trust Doetrine. © 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 U he 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 sueh as Article 48A which made a way through Article 21 by ineluding the right to clean environment under the right to life and Article 39 [DPSP] which states proper distribution of the resources.Public Trust Doctrine ¢ The Pub ‘Trust Doctrine primarily rests on the pr je that, “ Certain resources like air, water, seu and the forests have such a great importa to the people as a whole that it would be wholly unjustified to make them a subject of private ownership.” hould be made fr are a gift of nature and henee they -yone 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 ata fair market price.Public Trust Doctrine serves 2 purposes :- © This doctrine gurantees public access to these resources and mandates publie accountability in exchange. 1. It mandates affirmative state action for effective management of resources. 2. Thempowers the eitizens to © Stockholm Declaration on Publie Trust Doctrine - “ The natural resources of the earth, ineluding the air, water, land, flora and fauna and especially representative samples of natural system, must be safeguarded for the benefit of prosent and future generations through eareful 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 dhe Indian Constitution sinee the doctrine fosters a pollution free environment, which is a part of right (o life.Public Trust Doctrine ARTICLE - 484. ‘The State shall endeavor to protect and environment and (o safeguard the forests and wildlif the country. prove the of ‘This Article was added by the 42nd Amendment, 1926 and places an obligation on the State to proteet the environment and wil ARTICLE- 51g It shall be duty of every citizen of India to protect and prove the natural environment including forests, lakes, rivers and wild life and to have compassion for living eveatures. & Indian Constitution @ Resource: like air, water, sea and the forests are a part of publie doetrine. ‘These resources should he accessible to the general public for th These resources should not be sold to the private owners even at a fair market price. ‘These resources should be maintained by rus the Government and the Government m for the beneficial should strengthen th enjoyment of publie.Objectives of Public Trus Doctrine Traditionally Publie 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 cheeks 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 Lo preserve, prevent and proteet the resources for the public use. © The state is expected to perform its positive duty.v. Kamal Brief Faets: © 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 foods. © The Supreme Court initiated suo motu action based on the newspaper article.Judgement - ‘© The Supreme Court stated that the Publie Trust Doetrine primarily rests on the principle that certain resources like air, sea, waters and forests have sueh great importanee to the people as a whole that it would be unjustified to make them a subject of private ownersh * The court observed thats As rivers, forests, minerals and sueh 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 hest possible way. ILis in the interest of mankind, It is in the interest of the nation, ‘Thus, the Publie ‘Trust doctrine is a part of the law of the land.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 Aet 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 hud violated the Public Trust Doctrine the Court ordered the demolition of the unauthorized shopping complex. dMrs. Susetha v. State of Tamil Nadu & ors. (2006)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 publie trust. © What was emphasized was a higher degree of judicial serutiny. * 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, itis also not possible lo ignore the dire need which the society urgently requires.Conclusion The Doctrine of Public Trust is a highly useful tool in the hands our Jud 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 2 globally, there are high chances of misuse of the natural resources or grant of these resources in favour of private players by the governments. ive check of @ In such cases the Doctrine of Public Trust would work as an effe the exercise of power by government with regard to dealings and management of naturi resources,