A P Pollution Control Board Vs Prof M V Nayudu, AIR 1999 SC 812

Hon'ble Supreme Court of India observed, “In Vellore Citizens’Welfare Forum Vs Union of India (1966) 5 SCC 647, a three-Judge Bench of this Court referred to these changes, to the “precautionary principle” and the new concept of “burden of proof” in environmental matters. We shall next elaborate the new concept of burden of proof referred to in the Vellore case. In that case, Kuldip Singh, J, stated as follows: (iii) The ‘onus of proof’ is on the actor or the developer/ industrialist to show that his action is environmentally benign….
Good governance is an accepted principle of international and domestic laws. It comprises of the rule of law, effective State institutions, transparency and accountability in public affairs, respect for human rights and the meaningful participation of citizens — (including scientists) - in the political processes of their countries and in decisions affecting their lives. It includes the need for the State to take the necessary “legislative, administrative and other actions” to implement the duty of prevention of environmental harm.”