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M.C. Mehta v. Kamal Nath established the public trust doctrine as a core concept in Indian environmental law.
The case involved a resort leased on government land in a protected forest and its proposal to dredge, blast, and reconstruct the riverbed of the Beas River to redirect the river and avoid flooding of the resort.[1] The Indian Supreme Court ruled that the lease violated the public trust doctrine.
Background[edit]
The Span's Resort was built on the shore of the Beas river in the Indian State of Himachal Pradesh. The resort had a ninety-nine year lease of government land in a protected forest. To mitigate the flood risk to the resort, the developer sought and obtained government approval to redirect the river. M.C. Mehta, an activist lawyer, sued the Minister of the Environment alleging that the project required major excavation of public land, encroached on public forest, and threatened neighbors with landslides and flooding[1]
Relevant Law and Principles[edit]
Ruling[edit]
The Indian Supreme Court ruled that the lease violated the public trust doctrine. The court said that the public trust doctrine was part of Indian law because Indian jurisprudence was inherited from English common law. The court also adopted wholesale the entirety of American public trust jurisprudence and declared the public trust doctrine to be "the law of the land" and a principle grounded in natural law.[1]
Takeaways[edit]
The case enshrined the public trust doctrine in Indian law based on English common law, American case law, and natural law.