Public Trust, doctrine of

Cases from foreign jurisdictions wherein doctrine of public trust was applied for preservation of the environment and protection of environmental rights of citizens mentioned.

Concept of sustainable development comprised of four legal elements; first, the need to preserve natural resources for the benefit of future generations (the principle of inter-generational equity); second, the aim of exploiting natural resources in a manner which was 'sustainable', or 'prudent', or 'rational', or 'wise', or 'appropriate' (the principle of sustainable use); third, the 'equitable' use of natural resources, which implied that use by one State must take account of the needs of other States (the principle of equitable use, or inter-generational equity), and, fourth, the need to ensure that environmental considerations were integrated into economic and other development plans, programmes and projects, and that development needs were taken into account in applying the environmental objectives (the principle of integration)

Link between basal view of sustainable development and the Public trust doctrine was through the latter's protection of resources for future generations of trust beneficiaries

By mandating the governmental trustees to treat the interests of current and future citizens equally, the notion of intergenerational equity was inherent to the Public trust doctrine.

Public trust doctrine implied that certain properties such as air, running water, the sea and the sea shores were common property shared by all the citizens

Title to such essential resources vested in the State in trust for the benefit of the general public

State was thus bound to protect them for their uninterrupted use

Public trust doctrine involved three elements: a trustee, a beneficiary and trust property

Natural resources were trust property; government was their trustee and must manage them subject to fiduciary duties for the benefit of both present and future generations who were the beneficiaries of th e public trust.

Green belt around both sides of the canal is a public trust resource and cannot be converted into private or any other use other than public purpose

Widening of the road is a public purpose and a minimum area is being affected and the remaining green belt/public park is much larger

Said public park has been recommended by the Mediation Committee to be declared as Heritage Park and recommendations of the Committee have been accepted by the Provincial Government in totality

Doctrine of Public Trust, in circumstances, cannot be said to have been compromised.

" Doctrine of Public Trust" as developed during the days of ancient Roman Empire, 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

Even under the Islamic law certain water resources are to be protected from misuse and over exploitation.