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july 2013

Supreme Court of India · 2013-07-02

ASSOCIATION FOR ENVIORNMENT PROTECTION vs STATE OF KERALA .

Citation / case number
SC 2006/27051
Court
Supreme Court of India
Petitioner
ASSOCIATION FOR ENVIORNMENT PROTECTION
Respondent
STATE OF KERALA .
Author
G.S. SINGHVI
Bench
S.A. BOBDE G.S. SINGHVI

Judgment text excerpt

The Supreme Court reaffirmed the application of the public trust doctrine in environmental protection, emphasizing that the State holds natural resources as a trustee for public use, as established under Article 48-A and Article 51-A(g) of the Constitution of India. The Court held that the government has a duty to protect and improve the environment, and private ownership or commercial exploitation of public resources is unjustified. The judgment builds on precedents like M.C. Mehta v. Kamal Nath, reinforcing the legal obligation to safeguard ecological resources for the benefit of all citizens.

ASSOCIATION FOR ENVIORNMENT PROTECTION vs STATE OF KERALA . · Niyam