Case Note & Summary
The case involved the A.P. Pollution Control Board's refusal to grant consent to M/s. Surana Oils & Derivatives (India) Ltd. for establishing an industry near drinking water reservoirs in Hyderabad. The Supreme Court had previously referred to the precautionary principle and burden of proof regarding environmental pollution. The court noted the fundamental right to clean drinking water under Article 21 of the Constitution and the state's duty to protect it. The industry sought exemption from a 10 km prohibition on hazardous industries, which was initially imposed by the State Government due to potential pollution risks. The court examined various reports from environmental authorities, which indicated significant pollution risks associated with the industry. The court ultimately held that the exemption granted by the State Government was arbitrary and lacked statutory backing, thereby violating the right to clean water. The decision reinforced the necessity of adhering to environmental safeguards and the precautionary principle in industrial operations (Paras 1-28).
Headnote
A) Environmental Law - Precautionary Principle - Burden of Proof - Environment (Protection) Act, 1986, Sections 2(b), 3(2)(v) - The court emphasized the need for the industry to prove no danger of pollution to drinking water reservoirs when located within 10 km of sensitive areas. The industry failed to discharge this burden, leading to the conclusion that the exemption granted was arbitrary and violated public interest (Paras 22-23).
Issue of Consideration
Whether the State Government could grant exemption to a hazardous industry within a prohibited area despite existing regulations?
Final Decision
The Supreme Court upheld the A.P. Pollution Control Board's refusal to grant consent to the industry, ruling that the exemption granted by the State Government was arbitrary and lacked statutory backing, thereby violating the right to clean water under Article 21 of the Constitution.
Law Points
- Environmental law
- precautionary principle
- burden of proof
- right to clean water
- hazardous industries
- public interest
- statutory authority
- exemption validity
