Judgments

M C MEHTA VS KAMAL NATH : CASE SUMMARY

The Supreme Court in M C Mehta Vs Kamal Nath  (1996) Supp (10) SCR 12 declared that  public trust doctrine is a part of law of the land.

FACTS OF THE CASE

The Supreme Court noticed an article in Indian Express dated 25th February, 1996 titled “ Kamal Nath dares the mighty Beas to keep his dreams afloat”..  

Span Motels Pvt. Ltd. , a company having links with Sh. Kamal Nath, owned “Span Resorts”  in Kullu-Manali Valley. It floated another venture called “span club” and in the process encroached upon  additional area of 22.2 bighas adjoining the motel and had built extensive stone, cemented and wire mesh created embankments along the river banks. Government of India subsequently approved leasing of additional 27 Bigha and 12 Biswa of forest to the motel which included encroached land. Kamal Nath was minister in charge of Ministry of Environment at the relevant time.

There were serious acts of degradation of environment caused by the motel. The Supreme Court vide order dated May 6, 1996 directed the Central Pollution Control Board to inspect environment around the area in possession of the motel and file a report.

FINDINGS OF THE SUPREME COURT

The Supreme Court noted that the leasehold area in possession of motel is a part of the protected forest land owned by the State Government. The forest land lease of 27 Bigha 12 Biswa is leased to the motel by the lease dated April 11, 1994 is situated on the right back of the river separated from the motel by a natural relief/spill channel. Leased land is connected with the motel by wooden bridge. 22.2 Bigha  out of the leased land was encroached by the motel in 1988-89. Prior to 1995 several constructions were done. The mouth of natural spill had been blocked. The construction was done without any expert supervision. Due to the construction main course of river were divided into two.

It was contended by the Respondent that construction work has been done in the leased land and for purposes for safeguarding from flood.

The Supreme Court observed that forest land which has been given on lease to the Motel by the State Governments are situated at the bank of river Beas. The area being ecologically fragile and full of scenic beauty should not have been permitted to be converted into private ownership and for commercial gains.

The Supreme Court observed that that notion that the public has a right to expect certain land and natural areas to retain their natural characteristics is finding its way into law of the land.

The Supreme Court observed that ancient Roman Empire developed a legal theory known as the “Doctrine of the Public Trust”. It was founded on the ideas that certain common properties such as rivers, sea-shore, forests and the air were held by Government in trusteeship for the free and unimpeded use of the general public. Our contemporary concern about the “environment” bear a very close conceptual relationship to this legal doctrine. Under the Roman Law these resources were either owned by no one (Res Nullious) or by every one in common (Res Communious). Under the English Common law, however, the Sovereign could own these resources but the ownership was limited in nature, the Crown could not grant these properties to private owners if the effect was to interfere with the public interests in navigation of fishing. Resources that were suitable for these uses were deemed to be held in trust by the Crown for the benefit of the public.

The Supreme Court further observed that the Public Trust 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, 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 enjoyment of the general public rather than to permit their use for private ownership or commercial purposes.

The Supreme Court further observed that our legal system-based on English Common Law- includes the public trust doctrine as part of its jurisprudence. The State is the trustee of all natural resources which are by nature meant for public use and enjoyment. Public at large is beneficiary of the sea-shore, running waters, airs, forests and ecologically fragile lands. The State as a trustee under a legal duty to protect the natural resources. These resources for public use cannot be converted into private ownership.

The Supreme Court held that large area of the bank of river Beas which is part of protected forest has been given on a lease purely for commercial purposes to the Motel. Himachal Pradesh Government committed patent breach of public trust by leasing the ecologically fragile land to the Motel Management. Both the lease transactions are in patent breach of the trust held by the State Government. The second lease granted in the year 1994 was virtually of the land which is part of river-bed.

The Supreme Court relied on  Vellore Citizens Welfare Forum Vs Union of India 1996 (5) SCC 647  and  held that it is settled law that who pollutes the environment must pay to reverse the damage caused by his acts.

The Supreme Court declared that public trust doctrine is a part of law of the land. Lease granted to the motel was cancelled. Himachal Pradesh Government was directed to restore the original natural conditions. Motel was also directed to pay compensation.

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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

Mukesh Kumar Suman

Mukesh Kumar Suman

Mukesh Kumar Suman is an advocate based at Delhi. He has rich experience in civil, criminal, commercial, arbitration and corporate insolvency matters. He regularly appears before District Courts, NCLT, NCLAT, High Court and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

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