- In Re : TN Godavarman Thirumalpad versus Union of India, the Supreme Court observed that the famous Public Trust Doctrine is a part of the law of land.
- The Court further said that the State has a duty to act as a trustee for the advantage of the general public pertaining to the natural resources so that the long term goal of sustainable development can be achieved.
- A three judge bench comprising Justices L Nageswara Rao, BR Gavai and Aniruddha Bose noted thus while issuing directions in applications filed in the above-mentioned case.
- The Hon'ble Court directed that each protected forest must have an Eco Sensitive Zone (ESZ) of at least 1 kilometre.
- The Court observed that the State, in its affidavit, had granted permission for mining activities in non forest areas in Jamia Ramgarh and even beyond the ESZ for economic activities, keeping the interest of local population and the state's economy in mind.
- The Court further observed that "the role of the State cannot be ever confined to that of a facilitator or a mere generator of economic activities for immediate upliftment of the fortunes of the State. In fact, the State must act as a trustee for the welfare of the general public in relation to the natural resources so that sustainable development can be achieved".
- The Hon'ble Court also took reliance on the M.C. Mehta Judgement while determining that the Public Trust Doctrine is a part of the law of land and said that this doctrine rests on the principle that certain resources like water, air, forests and the sea have immense importance to the general public that it would be wholly unfair to make them a subject of private ownership.
- Accordingly, the Court held that the justification given by the State for mining in Jamua Ramgarh and in the neighbouring areas stems from the prospect of economic gains, overlooking state's duty as a trustee of natural resources of the land.
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