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AP Pollution Control Board-II v. Prof. MV Nayudu

(2001) 4 LRI 657 (1 December 2000)

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AP Pollution Control Board-II v. Prof. MV Nayudu

India Supreme Court
(2001) 4 LRI 657 (1 December 2000)

Facts

An industrial company (plaintiff) wanted to produce castor-oil derivatives within 10 kilometers of two lakes used for drinking water in nearby cities in India. The proposed location was contrary to a 1996 policy that prohibited industries from locating their operations within 10 kilometers of drinking-water sources. The AP Pollution Control Board (the board) (defendant) objected to the company’s proposed site because the industrial activities would generate pollutants that could leak into the lakes. The Commissioner of Industries countered that no liquid discharge would be generated, and all solid wastes would be disposable. The industrial company presented this information to the state government, which granted the industrial company an exemption to the 10-kilometer rule. An environmental-protection organization filed suit to quash the exemption order. The India Supreme Court referred the case to the National Environmental Appellate Authority for its opinion on whether there was a likelihood of serious pollution of the drinking water. The National Environmental Appellate Authority produced a report that did not support the actions or intentions of the industrial company. The industrial company filed objections to the report with the Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Jagannadha Rao, J.)

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Environmental Law

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