SC curbs overhead power lines to save bustards

THe sublime margaret court on fri expanded antecedence preservation areas for the Great Indian Bustard in Rajasthan and Gujarat and banned new overhead power lines — except through dedicated power corridors — wind turbines and solar plants exceeding 2MW capacity in these zones.The order came on recommendations from a nine-member expert committee the court formed in March 2024, comprising technical experts from the Union government and agencies including the Wildlife Institute of India.The committee issued separate recommendations for Rajasthan and Gujarat on undergrounding power cables, installing bird diverters to prevent Great Indian Bustards from hitting transmission lines, and other measures to conserve the critically endangered bird species’ dwindling population.The court accepted the committee’s most critical suggestion to increase the priority area for the bustard in both states — from 13,163 sq km to 14,013 sq km in Rajasthan and from 500 sq km to 740 sq km in Gujarat, forming the revised priority area.Justice PS Narasimha and Justice AS Chandurkar wrote: “The proposal of the committee is accepted, and it is directed that no new overhead powerlines except through dedicated power corridors (except 11 kV and below capacities) and no new Wind turbines should be allowed in the RPA.”The court added: “It is directed that new solar parks/plants with a capacity exceeding 2 MW and the expansion of existing solar parks should not be permitted within the RPA.”The court also ordered that critical power lines of 400kV and below within the revised priority area be “undergrounded wherever feasible”. The Wildlife Institute had already identified approximately 250km of critical power lines posing high risk, which the court directed be undergrounded immediately.“All the mitigation measures such as undergrounding, rerouting as suggested in the Committee Report should be started immediately and completed within two years from the date of our order,” the judgment said.The Great Indian Bustard population in India was reported at 150 when the April 2021 direction was issued. It is listed as critically endangered by the International Union for Conservation of Nature on its Red List of threatened species. The birds are also protected under the Wildlife (Protection) Act, 1972.The order was issued on a petition filed by wildlife conservationist MK Ranjitsinh, who approached the court in 2019 seeking a comprehensive policy to preserve populations of the Great Indian Bustard and Lesser Florican, both on the brink of extinction. In 2021, the court restricted overhead transmission lines across 99,000 sq km and directed undergrounding of power cables in bustard habitat with bird diverters on existing transmission lines.The feasibility of undergrounding cables became contentious when the Union government sought modification of the order, arguing it hindered India’s clean energy goals. Officials contended the measure was impractical because undergrounding cannot be done for high-voltage transmission lines and power leakage at bends remained possible.In March 2024, the court withdrew its 2021 order and formed the nine-member committee to examine undergrounding electric lines in the bustard priority area. The panel was tasked with proposing conservation and protection measures for the bird, including long-term survival strategies. It was also asked to study potential climate change consequences on bustard habitats and sustainable options for future power line installation.The committee found that bustard movements are confined to the revised priority area, where two dedicated power corridors were provided for power lines. On bird diverter effectiveness, the committee expressed doubts and requested detailed studies by the Wildlife Institute. The court directed the inspector general of the wildlife division at the ministry of environment, forest and climate change to conduct necessary studies and take appropriate deployment action.Power generator groups led by senior advocates Maninder Singh, Vikas Singh and Vishrov Mukherjee objected to the committee’s recommendations restricting new power lines, wind turbines and solar projects. Senior advocate Shyam Divan assisted the court for the petitioner, while additional solicitor general Aishwarya Bhati represented the Centre.The court reminded power companies that corporate social responsibility must inherently include “Environmental Responsibility”.“Companies cannot assert to be socially responsible while ignoring equal claims of the environment and other beings of the ecosystem,” the court said, adding that Article 51A(g) of India’s Constitution imposes a fundamental duty on every citizen to protect the environment.Consequently, the court said: “CSR funds must, therefore, be directed towards ex-situ and in-situ conservation efforts to prevent extinction” not just as charity but fulfillment of constitutional obligation.The court also accepted the committee’s recommendation for a power corridor up to 5km wide, located 5km or more south of the southernmost enclosure of Desert National Park. The inspector general of the environment ministry’s wildlife division was made responsible for overseeing and implementing the court-approved committee recommendations within two years.Those recommendations also included in-situ and ex-situ conservation of the Great Indian Bustard within priority areas of both states, long-term studies on climate change effects on the bird, rerouting certain existing lines of 66kV and above in Rajasthan’s revised priority area, and undergrounding 33kV lines along an identified 80km stretch, among other measures.