Public Trust Doctrine Applies to Artificially Created Waterbodies Too: Supreme Court
The Supreme Court held that the doctrine of public trust applies to artificially created waterbodies, including man-made lakes and wetlands.
A three-judge bench, comprising Chief Justice of India B R Gavai, and Justices K Vinod Chandran and N V Anjaria, observed that all artificial or man-made waterbodies created from natural resources and contributing to environmental balance fall within the ambit of the doctrine of public trust.
The doctrine of public trust is not confined only to natural waterbodies such as rivers, lakes, and wetlands but also extends to man-made or artificially created waterbodies that serve ecological or environmental purposes.
The court made this ruling in the Futala Lake case, Nagpur, where it was held that the lake, being a man-made waterbody, does not fall within the meaning of the statutory definition and is not a ‘wetland’.
The judicial interpretation over the years has evolved the public trust doctrine as a guiding legal concept to ensure that natural resources remain protected for the collective good.
Author's summary: Supreme Court expands public trust doctrine to man-made waterbodies.