The doctrine of PUBLIC TRUST in environmental law, as recognised by the Supreme Court in M.C. MEHTA v. KAMAL NATH, (1997) 1 SCC 388, holds that:
Acertain common properties such as rivers, seashores, forests and the air are held by the State as a TRUSTEE for the benefit of the general public, and the State cannot transfer them for private commercial purposes
Ball natural resources are owned outright by the State for commercial exploitation (cf. M.C. Mehta v. Kamal Nath, (1997) 1 SCC 388) (cf. M.C. Mehta v. Kamal Nath, (1997) 1 SCC 388)
Cprivate companies have absolute ownership over leased natural resources (cf. M.C. Mehta v. Kamal Nath, (1997) 1 SCC 388) (cf. M.C. Mehta v. Kamal Nath, (1997) 1 SCC 388)
Dnatural resources have no protected legal status under any law (cf. M.C. Mehta v. Kamal Nath, (1997) 1 SCC 388) (cf. M.C. Mehta v. Kamal Nath, (1997) 1 SCC 388)
Answer & Solution
Correct answer: A. certain common properties such as rivers, seashores, forests and the air are held by the State as a TRUSTEE for the benefit of the general public, and the State cannot transfer them for private commercial purposes
1. In M.C. Mehta v. Kamal Nath (1997), the Supreme Court adopted the PUBLIC TRUST DOCTRINE.
2. The Court held: '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 the beneficiary of the sea-shore, running waters, airs, forests and ecologically fragile lands. The State as a trustee is under a legal duty to protect the natural resources. These resources meant for public use cannot be converted into private ownership.'
3. The Court cancelled the lease of forest land for a private motel and required restoration.
4. Hence option B is correct.
_Source: EPA 1986 / Constitution of India / Stockholm/Rio/Paris / Indian SC environmental jurisprudence — M.C. Mehta v. Kamal Nath, (1997) 1 SCC 388_
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