M.I. Builders Pvt. Ltd. v. Radhey Shyam Sahu & Ors Pays/Territoire Inde Type de cour Nationale - cour supérieure Date Jul 26, 1999 Source UNEP, InforMEA Nom du tribunal Supreme Court of India Siège de la cour New Delhi Juge MajmudarWadhwa Numéro de référence (1999) INSC 228 Langue Anglais Sujet Environnement gén. Mot clé Public trust doctrine (doctrine du mandat public) Résumé These appeals dealt with the construction of an underground shopping compley in a park by M.I. Builders Pvt. Ltd. The High Court had set aside and quashed the relevant resolutions permitting such construction. The respondents were complaining that the construction was in violation of the building plans and was also against the provisions of the U.P. Urban Planning and Development Act, 1973. The Supreme Court noted that the park in question had been in existence for a great number of years. It was situated in the heart of a bustling commercial-cum- residential locality of a city. The park was of historical importance. Because of the construction of underground shopping complex and parking irreversible changes had already been made. By allowing underground construction the public authority in charge of the park had deprived itself of its obligatory duties to maintain the park. The court emphasized that this authority was the trustee for the proper management of the park. When the true nature of the park, as it had existed, was destroyed it would be violative of the doctrine of public trust. The Public Trust doctrine was part of Indian law. It was a principle purpose of government to promote the interests of the general public rather than to redistribute public goods from broad public uses to restricted private benefit. When a state held a resource which was available for the free use of the general public, a court would look with considerable skepticism upon any governmental conduct which was calculated either to reallocate the resource to more restricted uses or to subject public uses to the self-interest of private parties. This public trust doctrine in India had grown from Article 21 of the Constitution. Thus by allowing construction of underground shopping complex in the park the authority had violated the public trust doctrine. It therefore held, among others, that a part of the underground shopping complex had to be dismantled and demolished and on these places park had to be restored to its original shape. The public authority was responsible for maintaining the park and the part for parking purposes in proper and efficient manner. Texte intégral 228.html