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january 1999

Supreme Court of India · 1999-01-27

A.P.POLLUTION CONTROL BOARD vs PROF.M.V.NAYUDU(RETD.) .

Citation / case number
SC 1998/9020
Court
Supreme Court of India
Petitioner
A.P.POLLUTION CONTROL BOARD
Respondent
PROF.M.V.NAYUDU(RETD.) .
Author
M.B.SHAH M.RAO
Bench
M.B.SHAH M.J.RAO

Judgment text excerpt

The Supreme Court reaffirmed the application of the 'precautionary principle' and the 'burden of proof' in environmental cases, emphasizing the need for scientific evidence in adjudicating pollution issues. The Court held that the right to access clean drinking water is fundamental under Article 21 of the Constitution, obligating the State to prevent irreversible pollution affecting water reservoirs. The Court upheld the Andhra Pradesh Pollution Control Board's decision to deny consent for an industry that posed a threat to public drinking water, thus affirming the need for a healthy environment as part of the right to life.

A.P.POLLUTION CONTROL BOARD vs PROF.M.V.NAYUDU(RETD.) . · Niyam