What is the 'Doctrine of Public Trust' as applied by the NGT?

The 'Doctrine of Public Trust' asserts that vital natural resources are held in trust by the state for the benefit of the public and cannot be privatized or exploited.

What environmental compensation was levied on the developer?

The developer was slapped with an environmental compensation of Rs 8.94 lakh for allegedly discharging untreated sewage.

Can environmental obligations be diluted by contracts, according to the NGT?

No, the NGT held that environmental obligations cannot be diluted by contracts, convenience, or delayed compliance.

Home / Environment / Nature's Trust: Developer's Plea Dismissed

Nature's Trust: Developer's Plea Dismissed

31 Jan

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Summary

NGT dismissed developer's plea against Rs 8.94 lakh environmental fine.
Public trust doctrine asserts state's duty to protect natural resources.
Environmental obligations cannot be diluted by contracts or convenience.

Nature's Trust: Developer's Plea Dismissed

The National Green Tribunal (NGT) has dismissed a real estate developer's appeal against an Rs 8.94 lakh environmental compensation. This penalty was imposed for allegedly discharging untreated sewage outside a housing society's premises. The NGT invoked the 'Doctrine of Public Trust' to highlight the state's non-negotiable duty to safeguard natural resources for the public.

The doctrine, rooted in Roman and English common law and supported by Supreme Court precedents, asserts that vital natural resources are held in trust by the state for public benefit. The NGT emphasized that environmental obligations cannot be diluted by contracts or convenience.

The case involved a developer who argued that responsibility for operating the sewage treatment plant had been transferred to the residents' society. However, the NGT found that the environmental violations occurred while the project was still under the developer's control, prior to a completion certificate dated August 9, 2024.