A.P. Pollution Control Board v M.V. Nayudu

 “In order to ensure that there is neither damage to the environment nor to the ecology and at the same time ensuring sustainable development it can refer scientific and technical aspects for investigating and opinion to statutory expert bodies having a combination of both judicial technical expertise in such matter”, this was held in –

a. A.P. Pollution Control Board v M.V. Nayudu è

b. Vellore Citizen’s Welfare Forum V Union of India

c. M.C. Mehta V Kamal Nath

d. Narmada Bachao Andolan v Union of India

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Judgement

The Court held that the authorities could not grant a NOC to set up industries within 10 K.M.

The Court directed the Government of Andhra Pradesh to identify other industries within 10 Km of the reservoirs and take appropriate action to prevent pollution to the drinking water in these two reservoirs.

The Court held that the Board shall not permit any polluting industry within 10 Km area and asked them to submit a report within four months with respect to the industries existing within 10 Km of reservoirs that potentially caused pollution.

The Court also observed that the principle of promissory estoppels did not apply to the present case.

The Court recommended the Law Commission of India to consider a review of the environmental laws existing in the country.

The Court also recommended the need for establishing environmental courts consisting of experts in environmental law and members of the Judiciary.

Analysis and Conclusion

The right to sustainable development is declared as an inalienable human right in the Declaration on the Right to Development, 1986 by the UN General Assembly.

The 1992 Rio Conference declared, “Human beings are at the centre of concerns for sustainable development.”  

Thus, access to drinking water is an essential element for life, and it is the duty of the state under Article 21 to provide clean drinking water to its citizens.

In Narmada Bachao Andolan vs Union of India, Kirpal J observed, “Water is the basic need for the survival of human beings and is part of the right of life and human rights as enshrined in Article 21 of the Constitution of India.”

The right to a healthy environment, along with the right to sustainable development, must be balanced.

As observed by the Supreme Court in this case, there is a need to set up environmental courts in order to ensure speedy disposal of environment litigations.

It is also necessary to take measures that will help reduce environmental degradation to create specific criteria for such hazardous industries.

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