ValkyaEditorial

Tagged “public-trust-doctrine”

1 article on public-trust-doctrine.

Landmark JudgmentSupreme Court of India

M.C. Mehta v. Kamal Nath: the reception of the Public Trust Doctrine into Indian law

On 13 December 1996, taking suo motu cognisance of a press report on a Himachal motel that had encroached on protected forest land and diverted the Beas, a Division Bench of the Supreme Court formally received the Public Trust Doctrine into Indian law — quashing the prior approvals and lease, ordering restitution at the motel's cost and issuing show-cause on exemplary damages. A digest of the doctrine, why the Court read it into Articles 21 and 48A, and how it has since travelled from rivers and forests to spectrum and coal.

Valkya Editorial··14 min