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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 368-371 of 1999

Appeal (civil) 372 of 1999

Appeal (civil) 373 of 1999

PETITIONER:

A.P. POLLUTION CONTROL BOARD II

Vs.

RESPONDENT:

PROF.M.V. NAYUDU (RETD.)AND ORS

DATE OF JUDGMENT: 22/12/2000

BENCH:

M.J.Rao, M.B.Shah

JUDGMENT:

L.....I.........T.......T.......T.......T.......T.......T..J

M. JAGANNADHA RAO J.

On an earlier occasion, in this very case, this

Court in A.P. Pollution Control Board (I) Vs. Prof.

M.V.

Nayudu ( 1999(2) SCC 718) ( dated 27.1.1999) referred

to

the ’precautionary principle’ and the new rule of

’burden of proof’ in the matter of environmental

pollution. This Court in that judgment emphasised the

need for scientific inputs before adjudicating

complicated issues of pollution to environment. The

said

approach of this Court was based upon contemporary

trend

in the adjudication of environmental matters in

various

countries and was not intended to restrict the powers

of

this Court under Article 21 of the Constitution of

India

to safeguard environm