M.C.Mehta v. Kamal Nath And Others:(1997)1 SCC 388

The doctrine in India - M.C.Mehta v. Kamal Nath And Others

(1997)1 SCC 388

The Supreme Court of India applied the doctrine for the in the above case. The case involved encroachment of forest land and an attempt to change the course of the River Beas to facilitate the construction of a motel by a company reportedly having direct links with the family of Kamal Nath, former Minister of Environment and Forests.

The Supreme Court took notice of a news item regarding the above developments and proceeded to quash the prior approval granted by the central government for leasing out forest land and also the lease deed between the government of Himachal Pradesh and the company. The Court also directed the Government of Himachal Pradesh to takeover the entire area and restore it to its natural-original state. The company was directed to remove the construction made in the river bed and on the banks of the river, to pay compensation by way of cost for the restitution of the environment and ecology of the area and to prohibit from discharging untreated effluents into the river. While directing the company to construct a boundary wall separating the building from the river basin, the Court made it clear that the river bank and the river basin were to be left open for public use. The Court pronounced in categorical terms :

"The public trust doctrine, as discussed by us in this judgement is a part of the law of the land."

The public trust doctrine therefore furnishes a theoretical framework to the Courts in deciding those cases relating to the environment where a major community resource has been directed towards purposes and uses other than those for common enjoyment and benefit.

S.A. Karthik