New Delhi, Jan 22: Natural resources like beaches,
forests, rivers and other water bodies are for uninterrupted
and unhindered use of the general public and even the State
cannot deprive them of their natural rights, the Supreme
Court has held.
Such rights are governed by the "public trust doctrine"
and people can move the courts for enforcing the rights, the
apex court said, while directing a hotel resort in Goa to
demolish its unauthorised construction on Vainguinim Beach,
which had been overlooked by the state government.
"Natural resources including forests, water bodies,
rivers, sea shores etc are held by the State as a trustee on
behalf of people and especially the future generation. They
constitute common properties and people are entitled to
uninterrupted use thereof.
"The State cannot transfer public trust properties to
a private party, if such a transfer interferes with the right
of the public the court can invoke the public trust
doctrine and take affirmative action for protecting the rights
of the people to have access to light, air and water and also
for protecting rivers, sea, tanks, trees forest and associated
natural eco-system," a bench of Justices B N Aggrawal and G S
Singhvi observed in a judgement.
In the instant case, Fomento Resorts and Hotels Ltd had
extended the construction of its hotel resort encroaching upon
a public road and parking place which was a natural access
to people visiting the beach.
On a writ petition filed by a local residents, the
Bombay High Court ordered demolition of the unauthorised
structures following which the resort company preferred an
appeal in the apex court.
The apex court concurred with the view of the local
residents that the unauthorised construction had put
hindrances in their access to the Vainguinim beach.
"The public trust 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 doctrine puts an implicit embargo on the right of
the State to transfer public properties to private party if
such transfer affects public interest, mandates affirmative
State action for effective management of natural resources and
empowers the citizen to question ineffective management
thereof," the apex court observed.
According to the apex court the Government has a duty
not to impair such resources even if private interests are
involved.
"The same obligations apply to managers of forests,
monuments, parks, the public domain and other public
assets," the apex court observed.
The apex court said the public trust doctrine is a tool
for exerting long-established public rights over short-term
public rights and private gain.
"Today, every person exercising his or her right to
use air, water, or land and associated natural ecosystems
has the obligation to secure for the rest of us the right to
live or otherwise use that same resource or property for the
long term and enjoyment by future generation," the bench
observed.
Accordingly the apex court granted three months` time to
the resort hotel to demolish the unauthorised portions
encroaching upon the passage and submit a report to the Goan
Development Authority which in turn shall place a copy of the
same before the Bombay High Court.
If the resort house fails to comply with the direction,
the authorities shall take steps to demolish the same, the
apex court said.
Bureau Report
