Akhil Bhartiya Mangela Samaj Parishad vs Maharashtra Pollution Control Board ... on 24 January, 2022
9. It could be legitimately expected of the authority to take timely
steps in which they have failed. Their inaction tantamount to
wrongful deprivation of open spaces/garden to public. This Court
in Animal and Environment Legal Defence Fund v. Union of India &
Ors., (1997) 3 SCC 549 has laid down that there is duty to
preserve the ecology of the forest area. This Court has
enunciated the doctrine of the public trust based on ancient theory of
Roman Empire. Idea of this theory was that certain common property
such as lands, waters and airs were held by the Government in
trusteeship for smooth and unimpaired use of public. Air, sea, waters
and the forests have such a great importance to the people that it
would be wholly unjustified to make them a subject of private
ownership. The American courts in recent cases expanded the
concept of this doctrine. The doctrine enjoins upon the Government to
protect the natural resources for the enjoyment of the general public
rather than to permit their use for private ownership or commercial
purposes.