ISSUE:
Whether the AP Pollution Control Board was justified in rejecting the respondent company’s application for consent on environmental grounds?
Whether the appellate authority under the Water (Prevention and Control of Pollution) Act, 1974, erred in reversing the APPCB’s decision despite environmental concerns?
Whether the Government of Andhra Pradesh’s exemption of the respondent company from the 10 km restriction under G.O. Ms. No. 111 was legally sustainable?
RULE:
The precautionary principle requires that where environmental harm is possible, lack of full scientific certainty cannot be a reason to allow the activity. The burden of proof is on the industry to demonstrate that no environmental damage will occur.
Judicial and technical expertise must be integrated in environmental adjudication to ensure informed decision-making. Scientific complexity necessitates an adjudicatory framework that includes environmental experts.
Government exemptions from environmental regulations must not undermine statutory objectives. Such exemptions cannot compromise public health, ecological balance, or the regulatory framework designed to prevent environmental harm.