M.C. MEHTA versus KAMAL NATH AND ORS.

Citation: [1996] SUPP. 10 S.C.R. 12 · Decided: 13-12-1996 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Disposed off

Judgment (excerpt)

A 
B. 
c 
D 
M.C. MEHTA 
v. 
KAMAL NATH AND ORS. 
DECEMBER 13, 1996 
[KULDIP SINGH AND S. SAGHIR AHMAD, JJ.] 
Environmental Law : 
Constitution of Indi'a, 1950 : Article 32. 
Public Interest Litigation-Ecology-Environmental Pollution-River 
Beas-Public Trust Doctrine-Grant of lease-Of reparian for est land for 
commercial purpose to private company which operated a Motel located at 
bank of River, by State Government-Motel management interfered with 
natural flow of rive1~Held, Public Trust Doctrine was part of Indian Law-It 
extended to natural resources such as livers, forests, seashores, air etc. for 
purposes of protecting ecosystem-State Government committed breach of 
public trust-Prior sanction granted by Ministry of Environment and Forest 
and lease granted in favour of Motel quashed-Polluter Pays Principle ap-
plicable-Hence polluter company liable to pay compensation in te1ms of cost 
E for restitution of ttnvironment and ecology of the area-Other directions issued. 
A news item appeared in the "Indian Express" which stated that a 
private Motel in which the respondent's family had direct link, had floated 
a club at the bank of River Beas by encroaching land including substantial 
forest land which was later regularised and leased out to the company 
F when the respondent was a Minister in the Central Government. It was 
stated that the Motel used bulldozers and earth-movers to turn the course 
of the river. The bulldozers created a new channel by diverting the flow of 
the river. According to the news item three private companies were engaged 
to reclaim vast tracts of land around the Motel. The course of the river 
G was being diverted to save the Motel from future floods. 
This Court took notice of the news item because the facts disclosed 
therein, if true, would be a serious act of environmental degradation on 
the part of the Motel. 
H 
Disposing of the petition, this Court 
12 
( 
· M.C.MEHfA v. KAMALNA1H 
13 
HELD : 1.1. The notion that the public has a right to expect certain A 
--. 
lands and natural areas to retain their natural characteristic is finding its 
way into the law of the land. The ancient Roman Empire developed legal 
Theory known as the "Doctrine of the Public Trust". The Public Trust 
Doctrine primarily rests on the principle that certain resources like air, 
seas, waters and the forests have such a great importance to the people as B 
a whole that it would be wholly unjustified to make them a subject of 
private ownership. The said resources being a gift of nature, they should 
be made freely available to everyone irrespective of the status in life. The 
doctrine enjoins upon the government to protect the resources for the 
'I 
enjoyment of the general public rather than to permit their use for private 
purposes. It is no doubt correct that the public trust doctrine under the C 
English Common Law extended only to certain traditional uses such as 
navigation, commerce and fishing. But the American Courts in recent 
. cases have expanded the concept of the public trust doctrine. The obser-
vations of the Supreme Court of California in Mono Lake case clearly show 
the judicial concern in protecting all ecologically important lands, for D 
example fresh water, wetlands or riparian forests. The observations of the 
Court in Mono Lake case to the effect that the protection of ecological 
values is among the purposes of public trust, may give rise to an argument 
that the ecology and the environmental protection is a relevant factor to 
determine which lands, waters or airs are protected by the public trust 
doctrine, the Courts in United States are finally beginning to adopt this E 
reasoning and are expanding the public trust to encompass new types of 
lands and waters. There is no reason why the public trust doctrine should 
not be expanded to include all eco-systems operating in our natural 
resources. [35-H; 37-F; 38-E-F; 44-D-H] 
1.2. Our legal system - based on English Common Law - includes the 
public trust doctrine as part of its jurisprudence. The State is the trustee 
F 
of all natural resources which are by nature meant for public use and 
enjoyment. Public at large is the beneficiary of the sea-shore, running 
waters, airs, forests and ecologically fragile lands. The State as a trustee G 
is under a legal duty to protect the natural resources. These resources 
meant for public use cannot be converted into private ownership. Thus 
Public Trust Doctrine is a part of the law o

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