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public trust doctrine

English · Torts

Meaning. The State holds natural resources such as rivers, forests and seashores in trust for the public, not as private owner.

Under the public trust doctrine, certain resources are so important to the people as a whole that the State holds them as trustee, not as owner. It must protect them for public use and cannot convert them to private ownership or commercial use in a way that destroys their natural character.

The doctrine came from Roman law and American cases. The Supreme Court adopted it in M.C. Mehta v. Kamal Nath, where a lease of riverbed and forest land to a motel company was quashed, read with Article 21. It has since been applied to lakes, parks and spectrum. It is a restraint on the State's power over common resources, and complements the polluter pays and precautionary principles.

Example

Under the public trust doctrine, the State could not lease the lake bed for a private resort that would destroy it.

In Indian law

See also

polluter pays principle · precautionary principle · sustainable development · res communis omnium

Read more in the study notes

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