All Rivers, Natural Springs Are Common Heritage Of Mankind, State Govt Not Obligated To Acquire Them: Punjab & Haryana High Court

The Punjab & Haryana High Court has observed that all rivers, natural choe (water channel) are common to all therefore, are a common heritage of mankind and State being a trustee, it cannot be claimed by any private person and the State Government has no obligation to acquire them.

"All rivers, natural choe, natural springs are res communes, therefore, are a common heritage of mankind. The term res communis finds defined respectively in Black's Law Dictionary and in the Law Lexicon, respectively as “things common to all; things that cannot be owned or appropriated, such as light, air, and the sea” and as “common things; things common to all by the law of nature,” said the Division Bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari.

The concept is that the State Government is the trustee of communal natural resources and the same cannot be claimed by any private person. The State Government manages these natural resources for the benefit of mankind. The State Government has no obligation to acquire them, added the bench.

These observations were made while hearing the plea of one Sukhraj Singh who sought directions to the state to acquire his land water and also to pay adequate compensation alongwith other statutory benefits as prescribed under the relevant Land Acquisition Act.

Considering the submissions the Court noted that State has declared the drains wherethrough the natural water is flowing under the Northern India Canal and Drainage Act, 1873 and therefore, there is no requirement to acquire the land.

It further observed that all natural water spring, channels are "res communes" which means things common to all and therefore the State has no obligation to acquire it.

The Court found that the drain was natural drainage of a rain water and is running since the time immemorial is not required to be acquired by the State Government, rather the same is aptly and rightly notified under the Act of 1873.

Consequently, the plea to acquire his land was declined.

Citation: 2023 LiveLaw (PH) 163