A.P. Pollution Control Board v. Prof. M.V. Nayudu & Others ((1999) 2 SCC 718)

Quick Summary

The Supreme Court stressed precaution in environmental law. If a project may harm drinking water lakes, the industry must prove safety. Courts should use legal and scientific expertise together. Government cannot dilute buffer rules around lakes through ad-hoc exemptions.

Issues

• Was APPCB right to refuse consent on environmental grounds?
• Did the appellate authority err in overturning APPCB’s decision?
• Was the State’s exemption from the 10 km lake buffer legally valid?

Rules

• Precautionary Principle: Uncertainty is not a licence to pollute; prevent possible harm.
• Burden of Proof: Industry must show no significant environmental damage.
• Expert Adjudication: Blend judicial review with scientific input for complex eco-questions.
• No Dilution by Exemption: Government orders cannot undercut statutory safeguards.

Arguments — Appellant vs Respondent

Judgment

• Precautionary principle governs: uncertainty cannot justify permitting risky activity.
• Burden of proof on the industry to show absence of harm.
• APPCB’s refusal was justified given category and location near vital lakes.
• State’s exemption lifting the 10 km bar was legally unsustainable.
• SC stayed the High Court’s direction to grant consent and sought expert appraisal by the competent environmental authority.

Ratio Decidendi

When a project may threaten public drinking water sources, the decision must err on the side of caution. The regulator can refuse consent unless the proponent proves environmental safety. Exemptions cannot defeat the statute’s protective purpose.

Why It Matters

This judgment is a cornerstone for precaution, inter-generational equity, and science-informed courts. It protects urban water security and guides buffer-zone governance across India.

Key Takeaways

• Uncertain risk + sensitive lakes = no go unless safety is proven.
• Industry carries the proof burden.
• Exemptions cannot hollow out statutory safeguards.
• Use experts: science and law must work together.

Mnemonic + 3-Step Hook

Mnemonic: LAKE — Look at risk, Assign burden, Keep buffers, Engage experts.

1. Risk? If doubt exists, treat it as serious.
2. Prove Safety: Industry must demonstrate no harm.
3. Guard Zone: Don’t dilute lake buffers via exemptions.

IRAC Outline

Glossary

Precautionary Principle

Act to prevent environmental harm even if science is not conclusive.

Red Category

Industries with higher pollution potential needing strict control.

Inter-generational Equity

Duty to protect resources for future generations.

Buffer Zone

Protected area around sensitive sites like lakes to reduce risk.

FAQs

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