#Public Trust Doctrine

The Allahabad High Court has directed the Tehsildar to decide pending encroachment cases on revenue-recorded pond land within three months, reinforcing that public utility land held in trust cannot be lawfully occupied. This ruling strengthens accountability for local revenue authorities and affirms that encroachments on community water bodies violate the Public Trust Doctrine, affecting thousands of citizens reliant on such lands for ecological and livelihood security.

Bombay High Court permits diversion of 9.2498 hectares of mangrove forest for an 8-lane highway to Vadhavan Port, holding that public utility outweighs environmental concerns under the Public Trust Doctrine, subject to strict compensatory afforestation. The ruling sets a precedent for future infrastructure projects requiring environmental clearances.

Madurai HC reinforces the Public Trust Doctrine by prohibiting religious activities on encroached waterbody land, directing removal of unauthorized structures within a fixed deadline. The ruling underscores judicial authority to protect environmental resources from religious encroachment, setting a precedent for waterbody conservation under constitutional writ jurisdiction.

The Allahabad High Court has ruled that even if a private party claims ownership under Section 9 of the U.P. Zamindari Abolition Act, they cannot acquire rights over pond land officially recorded in revenue records. This reinforces the Public Trust Doctrine, ensuring such water bodies remain protected for community use and cannot be lawfully converted into private property through adverse possession or litigation.

Rajasthan High Court reinforces the public trust doctrine, holding that land classified as 'Gair Mumkin Nala' (natural water channel) cannot be repurposed for roads or crematoriums. The ruling underscores the State's constitutional duty to protect natural resources, directly invoking Articles 21, 48-A, and 51-A(g) to prevent ecological degradation.

Supreme Court rules that subsidiaries functioning as mere alter egos of the corporate debtor justify piercing the corporate veil, enabling resolution plans to proceed without GNIDA’s prior consent if dues are settled. This precedent strengthens creditor rights in real estate insolvency cases by preventing statutory authorities from obstructing CIRP completion.

J&K High Court rules that extraction of minor minerals (sand, boulders) from nallahs or private land requires statutory concession under the MMDR Act, 1957. Ownership, past practice, or royalty payments do not confer legal rights, and courts cannot direct authorities to bypass statutory compliance. The ruling reinforces the Public Trust Doctrine, impacting livelihoods dependent on unregulated mineral extraction.

Madras High Court reinforces that revenue authorities must act beyond mere notices and enforce removal of illegal structures on poramboke land within 12 weeks, upholding the Public Trust Doctrine. The ruling sets a binding timeline for administrative action, impacting land governance and encroachment disputes across Tamil Nadu.

The Telangana High Court has ordered an immediate halt to the construction of a Mahila Bhavan on Zilla Parishad High School premises, ruling that land dedicated for education cannot be repurposed under any administrative scheme. This reinforces the Public Trust Doctrine and the state’s non-negotiable duty under the Right to Education Act to preserve educational infrastructure for children’s access and development.

Madurai High Court rules that riverbed use for cultural festivals like Chithirai Festival must be licensed via transparent auction, ensuring revenue sharing with local temples and municipalities. The judgment rejects arbitrary denials and sets a precedent for balancing cultural rights with public resource management under the Public Trust Doctrine.

Madurai High Court reinforces the state’s duty under Article 226 to protect public land by directing revenue authorities to conduct surveys within two weeks and remove encroachments within three months, ensuring due process. The ruling underscores the Public Trust Doctrine, mandating swift action to prevent arbitrary delays in encroachment cases.

The Madras High Court directed the eviction of illegal encroachments on poromboke lands, emphasizing the Public Trust Doctrine to restore such lands for public use, including school infrastructure. The ruling mandates compliance with the Tamil Nadu Land Encroachment Act, 1905, ensuring land retrieval for educational and community purposes, directly impacting municipal corporations and educational institutions.

National Green Tribunal holds that failure to produce official maps or records justifies adverse inference, reinforcing accountability in environmental compliance and urban planning enforcement.

NGT holds that government land classified as 'gap area' and assigned to ex-servicemen does not trigger Public Trust Doctrine unless formally notified as forest or common resource.

Kerala High Court holds the Travancore Devaswom Board liable for unsafe staff accommodation and road conditions at Sabarimala, reinforcing state obligations under public welfare mandates.