Order of the Supreme Court in the matter of M K Ranjitsinh & Others Vs Union of India & Others dated 21/03/2024. The matter related to protection of Great Indian Bustard (GIB) and Lesser Florican.

The SC order of April 19, 2021 imposed restrictions on the setting up of overhead transmission lines in a large swath of territories. The SC had  also appointed a committee for assessing the feasibility of laying high voltage underground power lines. The court had also directed that in all cases where overhead power lines exist "as on date in the priority and potential GIB areas", steps should be taken to install diverters pending consideration of the conversion of overhead cables into underground power lines. Moreover, it was directed that in all cases, where it is found feasible to convert the overhead cables to underground power lines, they would be undertaken and completed within a period of one year.

The Union of India has filed an additional affidavit, where it was submitted that the direction by the court for laying high voltage or as the case may be low voltage lines underground is practically impossible to implement. "The Union Government has a commitment at the international level to reduce India’s Carbon footprint and that recourse to a renewable sources of energy including solar installations provide the key to the implementation of these commitments", the court was informed.

Further, the Centre is taking comprehensive steps for the conservation and protection of the endangered species of the GIB. The Centre informed the apex court that a blanket direction of the nature that has been imposed by the court was not feasible to implement but would also not result in achieving the purpose of the conservation of the GIB.

During the course of the hearing, reference has been made to several reports which were prepared by the Wildlife Institute of India, identifying 13,663 square kilometers described as priority area; 18,680 square kilometers as potential areas; and 6654 square kilometers as additional important areas. These areas are distributed between the states of Rajasthan and Gujarat.

The bench comprising Chief Justice Dhananjaya Y Chandrachud, Justice J B Pardiwala and Justice Manoj Misra said that there was no adequate basis to impose a general prohibition in regard to the installation of transmission lines in an area as wide as over 88,000 square kilometers.

The court said that it would be appropriate if an expert committee is appointed as as "to balance both the need for the preservation of the GIB which is non-negotiable and need for sustainable development, more particularly, in the context of meeting the international commitments of the country towards promoting renewable sources of energy".

The SC expressed the view that the order passed by the SC on April 19, 2021 "need to be suitably modulated". A blanket direction for undergrounding high voltage and low voltage power lines of the nature that was directed by this Court would need recalibration, the court said. The SC directed the constitution of an expert committee.

The committee has been asked, among other things, to determine the scope, feasibility and extent of overhead and underground electric lines in the area identified as priority area in the reports of the Wildlife Institute of India in Rajasthan and Gujarat. Identification of the measures to be adopted in the priority areas to ensure the long time survival of the GIB. Another task that the expert committee was entrusted with was the identification of suitable alternatives in the context of sustainable development in the matter of laying long future power lines which should balance the protection of the conservation and protection of the GIB together with the arrangement of power lines in a manner that would "facilitate the fulfillment of the international  commitments made by India for developing renewable sources of energy".

The injunction which has been imposed in the order dated April 19, 2021 in respect of the area described as the potential area would accordingly stand relaxed subject to the condition that the Expert Committee appointed by the SC may lay down suitable parameters covering both the priority and potential areas. The Committee would be at liberty to impose any additional measures both in regard to the priority and potential areas, if it considers appropriate including considering the efficacy and suitability of installing bird diverters on existing and future power lines.

In the event that the committee considers it appropriate and necessary to do so, it would be at liberty to recommend to the court any further measures that are required to enhance the protection of the GIB including the addition of suitable areas apart from the priority areas which have been set out above, the order added.

The Expert Committee has been directed to complete its task and submit a report to the SC through the Union Government on or before July 31, 2024.