2021 (4) TMI 1375 - SC - Indian Laws

Seeking to protect two species of birds namely the Great Indian Bustard (GIB) and the Lesser Florican, which is on the verge of extinction - HELD THAT - The laying of the underground power line more particularly of high voltage though not impossible, would require technical evaluation on case to case basis and an omnibus conclusion cannot be reached laying down a uniform method and directions cannot be issued unmindful of the fact situation. Though that be the position the consensus shall be that all low voltage powerlines to be laid in the priority and potential habitats of GIB shall in all cases be laid underground in future. In respect of low voltage overhead powerlines existing presently in the priority and potential habitats of GIB, the same shall be converted into underground powerlines. The respondents No.5, 6 and 9 to 11 while arranging to lay the powerlines underground in respect of the powerlines, the feasibility of which is not in doubt shall proceed with the work right away. However, in cases where the respondents find that there are issues relating to feasibility, the matter shall be referred to the committee with all relevant material and particulars. The committee shall assess the matter and arrive at a conclusion as to whether the underground powerline is feasible or not. Based on the report to be rendered by the committee the further action shall be taken by the respondent. In all cases where the overhead powerlines exist as on today in the priority and potential GIB area the respondents shall take steps forthwith to install divertors pending consideration of the conversion of the overhead cables into underground powerlines. In all such cases where it is found feasible to convert the overhead cables into underground powerlines the same shall be undertaken and completed within a period of one year and till such time the divertors shall be hung from the existing powerlines. Petition disposed off.

Issues Involved:
1. Protection of the Great Indian Bustard (GIB) and Lesser Florican from extinction.
2. Hazard posed by overhead power lines to these bird species.
3. Feasibility of undergrounding power lines.
4. Installation of bird divertors.
5. Financial implications and resource mobilization for conservation efforts.

Issue-wise Detailed Analysis:

1. Protection of the Great Indian Bustard (GIB) and Lesser Florican from extinction:
The writ petition was filed as a public interest litigation seeking to protect the Great Indian Bustard (GIB) and Lesser Florican, which are on the verge of extinction. The petitioners, environmentalists, highlighted that the GIB is one of the heaviest flying birds and has disappeared from 90% of its habitat, now found only in parts of Rajasthan and Gujarat. The court acknowledged the critical need to protect these rare species of birds.

2. Hazard posed by overhead power lines to these bird species:
The petitioners contended that overhead power lines are the biggest threat to the survival of GIBs, as evidenced by the Wildlife Institute of India (WII) Report "Power Line Mitigation, 2018," which stated that around 1 lakh birds die annually due to collisions with power lines. The Ministry of Power admitted that GIBs lack frontal vision, making them vulnerable to collisions with power lines. The court took note of the significant threat posed by high-tension transmission lines to the GIBs.

3. Feasibility of undergrounding power lines:
The respondents argued that undergrounding high-voltage lines is not technically feasible due to high costs, high downtime for repairs, non-availability of cables at 765 Kv level, and increased number of joints with the length of run. However, the petitioners provided instances where undergrounding of power lines has been successfully implemented, such as in Uttarakhand and Delhi. The court recognized that while undergrounding high-voltage lines may not be universally feasible, it should be considered on a case-by-case basis, especially in priority habitats of GIBs.

4. Installation of bird divertors:
The court ordered that in areas where undergrounding is not feasible, bird divertors should be installed on existing power lines to make them prominent to birds and prevent collisions. The Wildlife Institute of India recommended installing bird divertors in priority GIB habitats where undergrounding is not possible. The court emphasized the installation of divertors as an immediate measure to mitigate bird mortality.

5. Financial implications and resource mobilization for conservation efforts:
The court acknowledged the financial challenges in implementing conservation measures but highlighted the duty of the State and Central Government to preserve endangered species. The court suggested exploring options like corporate social responsibility under Section 135 of the Companies Act, 2013, and utilizing funds from the Compensatory Afforestation Fund Act, 2016 (CAF, 2016). The court emphasized that the priority should be to save the near-extinct birds, irrespective of the cost factor.

Conclusion:
The court ordered the respondents to take immediate steps to install bird divertors on existing overhead power lines and to conduct feasibility studies for undergrounding future power lines in priority GIB habitats. A committee was constituted to assess the technical feasibility of undergrounding high-voltage power lines. The court also directed that in cases where undergrounding is feasible, the process should be completed within a year, with bird divertors installed in the interim. The court underscored the importance of balancing sustainable development with the protection of endangered species.

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