The definition and intricacies of private ownership of property in India are pretty well-defined. But does it also apply to the ownership of natural resources, say beaches? Is it possible to privately own a beach in India? While beaches are largely open for public access, their ownership is a precarious territory with the related laws and regulations varying from state to state. Moreover, these laws are framed at the intersection of both traditional and contemporary concerns such as public access, environmental sustainability, impact on the tourism sector, and social dynamics. In this article, we will uncover the intricacies of the private ownership of beaches in India and the associated legalities.
See also: What is property ownership?
Understanding private ownership of property
When an individual holds exclusive and complete rights over real estate and other associated tangible assets, they are said to have private ownership of property. Under the granted rights, the owner can possess the property for personal use, transfer its ownership as per convenience and exclude others from entering or using the property.
However, ownership of property has to be established using formal means for it to be deemed valid and authentic. This is done through official paperwork and legal documents such as titles and deeds. These documents officiate the approval of the authorities that allow the owner to enjoy the benefits of ownership and hold them accountable for undertaking any associated responsibilities.
Ownership vs possession
Ownership and possession are two terms that are often used interchangeably. However, it is important to note that they are two separate concepts that might or might not be mutually exclusive. Possession of property refers to the mere physical occupation of the property. On the other hand, ownership is a broader concept that involves the legal right of the owner to use the property in any way under the specified legal framework, transfer its ownership, or derive benefits from it.
Therefore, it can be said that while possession is an inherent aspect of the ownership of property, mere possession does not always grant ownership rights. It is just one of the factors of property ownership.
Private ownership of beaches in India
Being an essential part of the country’s natural heritage, beaches are generally open for public access. However, in some cases, specific stretches of coastal land might be designated as private for commercial purposes related to the tourism and hospitality sector. Hotels and resorts often exercise private ownership over specific stretches of beaches that are meant for the exclusive use of their guests with restricted access for outsiders. Subject to the local regulations, there might be mechanisms in place that allow some extent of public use of these areas as well.
According to a 2022 Supreme Court ruling, natural resources such as forests and water bodies are meant for the unrestricted enjoyment of the general public. Therefore, the legal ownership of a beach that grants the individual full and exclusive rights is not possible. At the most, it is possible to possess a beach for commercial reasons by adhering to the legal framework in place.
FAQs
Can individuals privately own beaches in India?
Since beaches are considered a part of the country’s natural heritage, their individual ownership is not possible and they are designated for unrestricted public use.
What are the exceptions to private beach ownership?
Specific stretches of coastal land may be designated as private for commercial purposes, subject to regulations and legalities.
What is the ownership criteria of beaches in India?
While ownership of property grants the owner exclusive rights, when it comes to beaches, public access is prioritised and private ownership is limited and restricted with regulations.
How is ownership of property different from possession?
While ownership grants the individual extensive rights to use the property and derive benefits within a specified framework, possession is mere physical occupation of the property regardless of the rights associated.
Can hotels and resorts privately own and control beaches?
Hotels and resorts are allowed to exercise private ownership over certain stretches of beaches for the exclusive use of their guests, subject to regulations that try to maintain a balance between private and public access.
What are the responsibilities that come with private ownership of beachfronts?
Individual owners of beaches must ensure the compliance with regulations and environmental sustainability norms. Additionally, they are required to maintain a balance between commercial activities and public well-being.
How is the public’s right to access beaches preserved?
The Supreme Court ruling of 2022 protects the public’s rights to unrestricted access of natural resources like beaches. Commercial activities are secondary to this purpose.
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