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december 2000

Supreme Court of India · 2000-12-01

A.P. Pollution Control Board Ii vs Prof.M.V. Nayudu (Retd.)And Ors

Citation / case number
2000 AIR SCW 4573
Court
Supreme Court of India
Petitioner
A.P. Pollution Control Board Ii
Respondent
Prof.M.V. Nayudu (Retd.)And Ors
Author
M. Jagannadha Rao
Bench
M.J.Rao, M.B.Shah

Judgment text excerpt

The Supreme Court reaffirmed the 'precautionary principle' and the 'burden of proof' in environmental pollution cases, emphasizing the need for scientific evidence in adjudicating such matters. The Court held that the right to access clean drinking water is fundamental under Article 21 of the Constitution, and that the State has a duty to provide it. Consequently, the Court upheld the Andhra Pradesh Pollution Control Board's decision to deny consent for the establishment of an industry that posed a risk of irreversible pollution to drinking water reservoirs, thereby granting an injunction to protect public health.

A.P. Pollution Control Board Ii vs Prof.M.V. Nayudu (Retd.)And Ors · Niyam