Supreme Court Constitutes Expert Committee To Study Impact Of Undergrounding Electric Lines In Great Indian Bustard Habitats

The Supreme Court constituted an expert committee to study the impact of undergrounding electric lines in Great Indian Bustard habitats.

The Court modified its order dated 19 April 2021, by which it had imposed restrictions on the setting up of overhead transmission lines in a large swath of territory of about 99,000 square  kilometres. The Court said that a blanket direction for undergrounding high voltage and low voltage power lines of the nature that was directed by this Court would need recalibration.

In that context, the Bench of CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra said: "While balancing two equally crucial goals - the conservation of the GIB on one hand, with the conservation of the environment as a whole on the other hand - it is necessary to adopt a holistic approach which does not sacrifice either of the two goals at the altar of the other. The delicate balance between the two aims must not be disturbed. Rather, care must be taken by all actors including the state and the courts to ensure that both goals are met without compromising on either. Unlike other competing considerations, these do not exist in disjunctive silos. Therefore, a dilemma such as the present one does not permit the foregrounding of one of these as a priority, at the cost of the other. If this Court were to direct that the power transmission lines be undergrounded in the entire area delineated above, many other parts of the environment would be adversely impacted. Other endangered species may suffer due to the emission of harmful gases from fossil fuels. Rising temperatures and the attendant evils of climate change may not be halted in a timely fashion, leading to disastrous consequences for humankind and civilisation as a whole."

Senior Counsel Shyam Divan appeared for the petitioner, while AG R Venkataramani, SG Tushar Mehta and ASG Aishwarya Bhati appeared for the respondents.

In this case, a writ petition was filed concerning the conservation of the Great Indian Bustard (GIB) and Lesser Florican, two endangered bird species, and urgent measures were sought for the protection and recovery of the GIB species. This led to the issuance of directions on April 19, 2021, restricting the setting up of overhead transmission lines in a large territory and the formation of an Expert Committee to propose conservation strategies.

Appellants argued for immediate conservation measures, including the installation of bird diverters, halting new projects endangering GIBs, dismantling power lines, wind turbines, and solar panels in critical habitats, and implementing predator-proof enclosures and population control programs. They also called for establishing no-grazing zones, restricting grazing, and prohibiting insecticide and pesticide use near critical habitats. Additionally, they proposed cooperation with state authorities, sensitization of armed forces, and collaboration with scientific bodies, suggesting the appointment of an Empowered Committee for effective coordination.

Respondents contended that the designated conservation area exceeded the actual GIB habitat and that transitioning to non-fossil fuels would be challenging due to solar and wind energy potential. They argued against undergrounding power lines, citing technical infeasibility, and warned of pollution from replacing renewable energy with coal-fired power, highlighting international commitments under the Paris Agreement.

The Apex Court observed that, "it is imperative to recognize the intricate interface between the conservation of an endangered species, such as the Great Indian Bustard, and the imperative of protecting against climate change. Unlike the conventional notion of sustainable development, which often pits economic growth against environmental conservation, the dilemma here involves a nuanced interplay between safeguarding biodiversity and mitigating the impact of climate change. It is not a binary choice between conservation and development but rather a dynamic interplay between protecting a critically endangered species and addressing the pressing global challenge of climate change."

Holding that the two equally crucial goals - the conservation of the GIB on one hand, with the conservation of the environment as a whole on the other hand - must be delicately balanced, the Court observed that, "We are accordingly of the view that the order passed by this Court on 19 April 2021 needs to be suitably modified. A blanket direction for undergrounding high voltage and low voltage power lines of the nature that was directed by this Court would need recalibration for the reasons discussed above. This task is best left to domain experts instead of an a priori adjudication by the Court. Experts can assess the feasibility of undergrounding power lines in specific areas, considering factors such as terrain, population density, and infrastructure requirements. This approach allows for more nuanced decision-making tailored to the unique circumstances of each location, ensuring that conservation objectives are met in a sustainable manner."

Subsequently, the Apex Court constituted an expert Committee, along with the remit of the Committee, The Committee was directed to submit a report to the Apex Court through the Union Government on or before 31 July 2024.

Appearances:

Petitioners: Senior Counsel Shyam Divan 

Respondents: AG R Venkataramani, SG Tushar Mehta, ASG Aishwarya Bhati

Cause Title: M K Ranjitsinh & Ors. vs Union of India & Ors.

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