AP Pollution Control Board II vs. Prof. MV Nayudu, 2001 (India)

An existing rule prohibited any polluting industries such as vegetable oil manufacturers from being located within a 10-kilometer radius from a water reservoir.  Surana Oils, a vegetable oil manufacturer, sought to be exempted from this rule. It argued that it used the latest eco-friendly technology which would prevent seepage of its waste into the reservoir. Moreover, it has already invested a large amount into the factory. The court did not allow the exception. The court sought the opinion of several environmental authorities which said that the industry was hazardous and had high pollution potential. The court opined that it is not humanly possible for any department to keep track whether the pollutants are not spilled over. This is exactly where the "precautionary principle" comes into play. The chance of an accident, within such close proximity of the reservoirs cannot be ruled out, as pointed out in the Reports.