New Delhi: In a landmark decision delivered recently, the Supreme Court of India disposed of the writ petitions and a civil appeal concerning the conservation of the critically endangered Great Indian Bustard (GIB) and the future of renewable energy projects in Rajasthan and Gujarat. The judgment, in the case of M.K. Ranjitsinh & Others v. Union of India & Others, largely accepts the recommendations of a specially constituted Expert Committee, aiming to balance environmental protection with the country’s sustainable development goals.
The Supreme Court confirmed the Expert Committee’s rationalisation of the protected zones, directing that:
“The revised priority area for Rajasthan, as recommended by the Expert Committee, shall be 14,013 sq. km, and the revised priority area for Gujarat, as recommended by the Committee, shall be 740 sq. km.”
This modification came after the Court had previously noted the complexity of the dilemma, observing:
“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—it is necessary to adopt a holistic approach which does not sacrifice either of the two goals at the altar of the other.”
A core part of the decision focuses on mitigating the threat posed by overhead power lines, a major cause of GIB mortality. The Court accepted the recommendation for immediate and time-bound action, stating:
“The Committee’s recommendation pertaining to the immediate undergrounding of 80 km of 33 kV line in Rajasthan is accepted.”
Further, it directed that:
“All the mitigation measures such as undergrounding and rerouting, as suggested in the Committee Report, should be started immediately and completed within two years from the date of our order.”
For lower-voltage lines, the Court directed that:
“All lines of 11 kV and below may be mitigated using insulated cables in a horizontal configuration or insulated cables with bunching.”
Addressing the future of power infrastructure, the Court approved restrictions on new developments within the revised priority areas. It directed that:
“No new overhead power lines—except through dedicated power corridors (except 11 kV and below capacities)—and no new wind turbines shall be allowed in the revised Priority Areas. Further, new solar parks or plants with a capacity exceeding 2 MW, as well as the expansion of existing solar parks, shall not be permitted within the revised Priority Areas.”
The judgment also touched upon the role of corporate responsibility in conservation. The Court emphasised that:
“The corporate definition of ‘Social Responsibility’ must inherently include ‘Environmental Responsibility.’”
This was linked to the fundamental duty under the Constitution, with the Court asserting that:
“Allocating funds for the protection of the environment is not a voluntary act of charity but a fulfilment of a constitutional obligation.”
Regarding the use of Bird Flight Diverters (BFDs), the Court held that their deployment would be deferred pending further scientific study, noting concerns about both effectiveness and maintenance:
“As the issue relating to deployment of BFDs is integrally connected to the effectiveness of the device and efficiency in its maintenance, we are not inclined to give a direction to deploy them. However, in view of the ideas expressed, we direct the Inspector General, Wildlife Division, MoEFCC, Government of India, to ensure that necessary studies are undertaken and appropriate action is taken for their deployment.”
The Inspector General, Wildlife Division, MoEFCC, Government of India, has been designated as the duty-bearer responsible for overseeing and implementing the approved recommendations within two years.
