Setting Aside of Arbitral Award on Public Policy Grounds: Evolving Jurisprudence Amidst the Conflict between Commercial and Sovereign Interests
by Vasanth Rajasekaran* and Harshvardhan Korada**
Public Trust Doctrine
MP High Court strikes down notification exempting 62 Species of ‘Forest Produce’ from Transit Rules
“Right to life is deeply entrenched in the protection and conservation of environment, forests, and all the natural resources of the State, as a facet of Article 21 read with 48-A of the Constitution of India.”
Chasing recoveries must never be the fate of Public Private Partnership Contracts; Bombay High Court directs MEPIDL to resolve issue with MCD
No reasonable body of persons or a prudent government or public body can overlook such glaring aspects that a person who is a defaulter of such enormous public money can be recognised to even continue to be a contractor irrespective of its existing contracts which are lucrative toll contracts awarded by public bodies / Governments. Would it not amount to a daylight fraud on the public exchequer ?
[Gas Migration Dispute] Reliance had limited role to ‘explore’ and ‘extract’ natural gas as a licensee only; Delhi High Court upholds arbitral award in favour of Reliance Industries
Delhi High Court observed that in the present case, the natural resource viz. natural gas was neither ‘bought’ nor ‘sold’ as between Reliance and the Ministry; thus, the public trust doctrine was not contravened.
[Public Trust Doctrine] Kar HC | State largesse should not be marred by any arbitrariness while dealing with alienation of natural resources
Karnataka High Court: A Division Bench of Satish Chandra Sharma CJ and Sachin Shankar Magadum J allowed the petition, quashed the initial
NGT | Under Public Trust Doctrine, State has to act as trustee of water bodies; States/UTs directed to designate nodal agency for restoration of water bodies
National Green Tribunal (NGT): The Full Bench of Justice Adarsh Kumar Goel (Chairperson) and Sheo Kumar Singh (Judicial Member), Dr Stayawan Singh Garbyal