Wednesday 17 Sep 2025

Eminent jurist backs applying ‘public trust’ doctrine to Mhadei dispute

The Goan Network | 5 hours ago

PANAJI

Concerns over the Mhadei river water-sharing dispute between Goa and Karnataka were discussed at a well-attended event at Goa University, where a new book on the subject was released by eminent jurist and former Allahabad High Court Chief Justice Ferdino Rebello.

The book The River Mhadei, edited by Dr Peter Ronald de Souza, Solano D’Silva and Lakshmi Subramanian, is a collection of researched articles written by various authors.

It explores the river’s ecological, cultural and social importance, along with the impacts of diverting its waters.

The event, co-organised by the D D Kosambi School at Goa University and publisher Goa 1556, drew a packed audience at the university’s Social Sciences faculty seminar hall.

Speaking at the launch, Rebello said the book highlights not only the effects of water diversion but also other aspects of the river — its flora, fauna, environment, music, dance and culture. He stressed that rivers, lakes, forests and shores are part of humanity’s natural heritage and cannot be owned by anyone.

“They belong to humanity at large, and governments are only trustees on behalf of the people,” he said. Rebello explained that under the “public trust” doctrine, natural resources must remain accessible to the public, and governments are legally bound to protect them. The principle, he said, has been upheld in courts in England, the US, and in India, including in the Supreme Court’s judgement in M C Mehta vs Kamal Nath, where it was recognised as part of the right to life under Article 21 of the Constitution.

On the Mhadei, Rebello argued that rivers should not be exploited for economic purposes, except for activities like navigation linked to trade and commerce. He also referred to an article in the book which raises concerns about casinos operating on vessels anchored in the river at Panaji, questioning whether such use of the river was justified, especially as gambling is classified as “sin” entertainment by the Finance Ministry to impose higher taxes.

Contributors to the book include lawyer Aurobindo Gomes Pereira, Helga do Rosario Gomes, Narayan B Desai, Nirmal Kulkarni, Sujata Noronha, Meera Mohanty, Nandini Velho, Rajendra Kerkar, Vasudha Sawaikar, Parineeta Dandekar and Vaishali Kashyap.

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