Summary
In its April 2021 interim order protecting the Great Indian Bustard, the Court directed immediate bird divertors on existing overhead lines in priority and potential habitats, underground low-voltage lines and feasibility-based undergrounding of high-voltage lines. A three-member expert committee would resolve technical feasibility issues. Feasible conversions had to finish within one year, while identified breeding areas required predator-proof protection and avoidance by underground routes.
Issues
- What power-line mitigation and habitat-protection measures were required to protect critically endangered birds.
- How high-voltage technical feasibility and conservation funding should be addressed.
Provisions considered
- Article 21, Constitution of IndiaApplied environmental protection, public-trust and species-preservation principles in framing interim conservation directions. (¶ 4-5)
Held
- The State and Union have duties to preserve endangered species; conservation requires an ecocentric perspective that recognises wildlife’s intrinsic value. Power transmission had to be reconciled with urgent protection of the birds. (¶ 4-9)
- Under this 2021 order, future low-voltage lines in priority and potential GIB habitats were to be underground and existing low-voltage overhead lines converted. High-voltage undergrounding required technical assessment case by case rather than an assumption of universal feasibility. (¶¶ 11, 14-17)
- A committee comprising Rahul Rawat, Sutirtha Dutta and Devesh Gadhavi was constituted to decide disputed feasibility, with power to obtain expert reports and Union assistance. Undisputed feasible work had to start immediately; doubtful cases had to be referred with relevant material. (¶ 15-17)
- Existing overhead lines in priority and potential GIB areas required divertors forthwith, pending conversion review. Where undergrounding was feasible, conversion had to be completed within one year, with divertors remaining meanwhile. Future overhead-only proposals required committee ratification and divertor conditions in contracts. (¶¶ 11, 16-18)
- Identified breeding islands in the mapped habitat required fencing against predators to protect eggs. Underground routes also had to avoid those areas. The directions concerned the specified habitats and line schedules, rather than all power lines nationally. (¶¶ 10, 13-16)
- Authorities had to arrange conservation resources according to law, with species protection taking priority over cost objections. Corporate social responsibility and afforestation funds were suggested financing avenues; passing a portion of expense to consumers required competent regulatory approval. (¶¶ 5, 11-12)
Result
Interim directions issued in the pending writ for divertors, habitat protection and undergrounding under the stated feasibility process; feasible conversions to be completed within one year.