ISSUE:
Whether the ‘Public Trust Doctrine’ is applicable in India?
Whether construction undertaken by Span Motels Pvt Ltd. is legally justified?
Whether Mr. Kamal Nath was wrongly accused?
RULE:
The Public Trust Doctrine first used in Indian jurisprudence in this case states that certain natural resources which have a great significance to the public because of which these resources being privately owned is wholly unjustified. These resources are held in trust by the State and not to be commercially exploited, and the State has a duty to protect the sanctity of nature. Article 21 and 32 of the Constitution extend to natural resources for the purpose of protecting the ecosystem.
The Precautionary Principle and Polluter Pays Principle, which originated in the OSPAR Convention, sets its crux in the prevention and protection of the environment and health of the people. The burden of proof, which lies on the developer must ensure that the absolute liability for harm extends to compensate the victims as well as restore environmental degradation.