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TMI Blog2021 (4) TMI 1375X X X X Extracts X X X X X X X X Extracts X X X X ..... hall 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. - CJI. S.A. Bobde And A.S. Bopanna, V. Ramasubramanian, JJ. For the Petitioner : Mr. Shyam Divan, Sr. Adv., Mr. Prashanto Chandra Sen, Sr. Adv., Ms. Sonia Dube, Adv., Ms. Sugandha Yadav, Adv., Mr. Shatadru Chakrabort ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch directions are sought against the respondents, the litigation is not adversarial in nature as it is community interest. In fact, the petitioners being environmentalists, are seeking to protect the rare birds which are dwindling in number. It is contended that GIB is one of the heaviest flying birds in the world, about a meter in height and wing span of around seven feet. It has disappeared from 90 per cent of habitat except parts of Rajasthan and Gujarat which is to be protected. According to the petitioners, overhead power lines are the biggest threat to the survival of the GIBs. The Wildlife Institute of India (WII) in its Report Power Line Mitigation, 2018 has stated that every year 1 lakh birds die due to collision with power lines. The Report concluded that unless power line mortality is mitigated urgently, extinction of GIBs is certain. Surveys conducted by Wildlife Institute of India (WII) in Thar covering 80 km of power lines repeated 7 times over a year found 289 carcasses of around 30 species, including the Great Indian Bustard (GIB). The study estimated 3 bird mortalities/km/month for low tension lines, 6 bird mortalities/km/month for high tension lines, and about 1 l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which provides for financial sharing between Centre and State. Though taken note in the context of conservation of wild buffalo the pattern of funding was taken note in para 23 which provides for 100% central assistance in respect of GIB, for both recurring and non recurring items of expenditure. 5. Further this Court in the case of Centre for Environmental Law, World Wide Fund India Vs. Union of India Ors., (2013) 8 SCC 234 while considering the protection and conservation of endangered species has observed as hereunder: 45. We may point out that there has been wideranging discussions and deliberations on the international platforms and conferences for rebuilding of certain principles laid down in the earlier conventions on the Principles of Sustainable Development. The United Nations Commission on Environment and Development defined the sustainable development as follows: Sustainable development is the development that meets the needs of the present without compromising the ability of future generations to meet their own needs. (World Commission on Economic Development [WCED], 1987 : 43) 46. Sustainable development, it has been argued by various eminent environmentalists, clearly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nses incurred will have to be provided by them either under the schemes available or by earmarking the same in such manner. Needless to mention that in the instant case the preservation is by undergrounding the powerlines and in that context if cost is incurred, it would also be permissible to pass on a portion of such expenses to the ultimate consumer subject to approval of the Competent Regulatory Authority. 6. The respondents though are sensitive to the issue, have contended that the high voltage lines do not cause GIB deaths due to electrocution but cause death due to collision. It is contended that the underground highvoltage line is not technically feasible due to several factors such as (i) high cost (ii) high downtime to repair any failed cable (iii) non availability of cables at 765 Kv level and (iv) increase in the number of joints with length of run. The petitioners/applicants in order to controvert the same and contend that the undergrounding of high8 voltage line is not a novel move but has been undertaken in other cases, have referred to the tender notification issued by Power Transmission Corporation of Uttarakhand Limited for 220 KV transmission line and the one iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... birds. The priority areas where this intervention is required has been mapped by the Wildlife Institute of India and a technical cum financial proposal has been submitted to RVPNL for necessary approvals from Rajasthan Energy Department for mitigation. This action must be expeditiously implemented in the short term (1 3 years), as power line mortality is currently the biggest threat to the species. 10. In addition to the death of the birds due to collision and electrocution, the conservation strategy also requires protecting the eggs of the said species of birds and the same being transferred to breeding centres for the purpose of hatching. In that regard, for conservation, the habitat restoration and for making it predator proof, appropriate fencing is to be provided to the breeding grounds. In that regard, pictorial representation of the priority and potential area is indicated in Annexure A 7 (page 74) of I.A. No.85618/2020 which is also depicted here below. 11. In the above background, there cannot be disagreement whatsoever that appropriate steps are required to be taken to protect the said species of birds. In that view, insofar as the existing overhead powerlines are concern ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ailable with the National and State Authorities. Sections 4, 5 and 6 of the Act, provide for the utilisation of the fund for measures to mitigate threats to wildlife. The State of Rajasthan has already set up a Compensatory Afforestation Fund Management and Planning Authority (CAMPA) on 12.11.2009. Rule 5(2)(i) of these Rules permit the use of the State Fund for the improvement of wildlife habitat. It appears, according to the petitioners that a sum of Rs.47,436 crores, out of a total of Rs.54,685 crores CAMPA Fund have been transferred by the Union Environment Ministry to the States for afforestation projects. 13. With regard to the conservation of the habitat to secure the safety of the eggs laid by the birds, the area earmarked and indicated as islands and shown in Annexure A 7 and in light colour in sketch here below shall be fenced and protected from invasion by predators so that the eggs laid in these areas are protected. The power supply line regarding which underground passage is to be made should also avoid these areas. 14. In the light of the contentions urged on this aspect of the matter, we are conscious that the laying of the underground power line more particularly of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... road side (2.81 Km) Unknown 7) Part of Bhamedi to Naliya (4.44 Km) Unknown 8) Part of Fulay vandh to NaliyaJakhau Road (10.9 Km) Unknown 9) Part of Kothara Naliya line (9.1 Km) Unknown 10) Part of Kothara Naliya Line (6.90 km) Unknown 11) Part of Vanku to Fulay Vandh (6.25 km) Unknown The details of the powerlines for installation of divertors from Rajasthan are as follows: b) List of powerlines for installation of divertors from Rajasthan Capacity 1) Jaisalmer Ramgarh 1 (40 Km) 132 kv 2) Jaisalmer Ramgarh 2 (40 Km) 132 kv 3) Askandra (Pokran to Askandra ) (30 Km) 132 kv 4) Askandra (Pokran to Askandra ) (20 Km) 132 kv 5) Amarsagar Ramgarh (40 Km) 220 kv 6) Amarsagar Lilo (8 Km) 220 kv 7) Amarsagar Phalodi (54 Km) 220 kv 8) Amarsagar Phalodi (71 Km) 220 kv 9) Ramgarh Dechu (49 Km) 220 kv 10) Ramgarh Dechu (43 Km) 220 kv 11) Ramgarh Dechu (50 Km) 220 kv 12) Akai Ramgarh (55 Km) 400 kv 13) Tejuva Kuchadi (138 km) 33 kv 14) Kaladongar (70 Km) 33 kv 15) Mokla Habur Sanu (301 km) 33 kv 16) Tejuva Kuchadi (25 km) 132 kv 17) Kaladongar (47 km) 132/220 kv 18) Mokla Habur Sanu (43 km) 132/220 kv 19) Chandan Via Bhagu ka Gaon to Mohangarh (70 km) 33 kv 20) Amarsagar Ramgarh (40 km) 220 kv 2 ..... 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