The Himachal Pradesh High Court, on 21 March, dismissed a writ petition preferred to restrain the Government of Himachal Pradesh from raising construction of dam at Bagna nalla.

As per the petitioners, almost 90 to 95 per cent inhabitants of Gram Panchayat Dhamoon, Shilru and Panti Mohal of Gram Panchayat Bagi will be affected by the construction of such dam to the extent that the very source of livelihood would be snatched.

Bench of Justices Tarlok Singh Chauhan and Virender Singh observed that, "it is a misconception that water belongs to the villagers who use the same, whereas it is more than settled that water is the property of the State and no individual(s), whosoever has any right to claim this property even though situated within his personal property."

On the issue of public trust doctrine, the Court held that, "Doctrine primarily rests on the principle that certain resources like air, sea, waters and the forests have such a great importance to the people as a whole that it would be wholly unjustified to make them a subject of private ownership. The said resources being a gift of nature. They should be made freely available to everyone irrespective of the status in life. The doctrine enjoins upon the government to protect the resources for the enjoyment of the general public rather than to permit then-use for private ownership or commercial purposes."

The Court termed the petition as speculative in nature and dismissed it.