In A.P. POLLUTION CONTROL BOARD v. PROF. M.V. NAYUDU (II), AIR 2001 SC 3215, the Supreme Court endorsed the PRECAUTIONARY PRINCIPLE shifting the BURDEN OF PROOF:
Answer & Solution
Correct answer: D.
1. In A.P. Pollution Control Board v. Prof. M.V. Nayudu (II), the Supreme Court elaborated the PRECAUTIONARY PRINCIPLE.
2. The Court held that the precautionary principle includes the rule that the burden of proof is on the actor or the developer/industrialist to show that his action is environmentally benign.
3. This reverses the traditional civil law burden of proof — instead of the affected person proving harm, the polluter must prove safety.
4. The principle has been applied in subsequent environmental cases (cf. Karnataka Industrial Areas Dev Board v. Kenchappa, 2006).
5. Hence option B is correct.
_Source: EPA 1986 / Constitution of India / Stockholm/Rio/Paris / Indian SC environmental jurisprudence — A.P. Pollution Control Board v. Prof. M.V. Nayudu (II), AIR 2001 SC 3215_
Related questions
The PLASTIC WASTE MANAGEMENT RULES 2016 (as amended in 2022) prohibit:The SOLID WASTE MANAGEMENT RULES 2016 require segregation of waste at SOURCE into:Under the BIO-MEDICAL WASTE MANAGEMENT RULES 2016 (notified under EPA 1986), the segregatiThe 'PRINCIPLE OF EQUITY' in international environmental law (intra-generational and interThe NATIONAL DISASTER MANAGEMENT ACT 2005 establishes the NDMA (National Disaster ManagemeThe Wildlife (Protection) Amendment Act 2022 introduced significant changes to the 1972 AcThe TIGER RESERVE under Section 38V Wildlife Protection Act 1972 (inserted by 2006 AmendmeSection 23 EPA 1986 enables the Central Government to DELEGATE its powers under the Act to