No Disagreement That Appropriate Steps Are Required To Protect The Great Indian Bustard: Supreme Court [Read Judgment]

Supreme Court grants major relief in the case of Great Indian Bustard, by permitting under-grounding of the high voltage power lines, in the existing areas (Priority and Potential) referred by the Petitioners in their IA 85618 of 2020 and further constituting a three member committee to evaluate feasibility of under grounding in all future cases.

It was also added that while considering the laying of underground power line, habitat safety shall be the prime consideration of the Committee.

A 3-Judge Bench of Chief Justice SA Bobde, Justice AS Bopanna and Justice V Ramasubramanian, while issuing directions in the present matter, noted, “…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 power lines to be laid in priority and potential habitats of the GIB shall be laid underground in future… in respect of high voltage power lines in the priority and potential habitats of the GIB, more particularly the power lines referred in the prayer column of IA 85618 of 2020, and indicated in the operative portion of this order shall be converted into underground power line.”

It was contended by the union that undergrounding of high voltage power lines are not technically feasible due to factors such as; (i) high cost, (ii) high downtime to repair and failed cable, (iii) non-availability of cables at 765 KV level and (iv) increase in the number of joints with length of run.

Key takeaways from the order;

1. For existing overhead power-lines, the respondents shall take steps to install diverters and in respect of overhead power lines in all future cases, a study shall be conducted with regard to the feasibility for the lines to be laid underground.
2. Where overhead line alone is feasible and the same is ratified by the Committee, installation of the diverters shall also be a condition attached in the contract to be entered with the generating companies.
3. Low voltage overhead power lines existing presently in the priority and potential habitats of the GIB shall be converted into underground power lines.  
4. High-voltage power lines in the priority and potential habitats of GIB, more particularly the one’s referred in the prayer of the petitioners, shall be converted into underground power line.
5. A three member Committee of Dr Rahul Rawat, Dr Sutirtha Dutta, Dr Devesh Gadhavi from Ministry of Renewable Energy, Wildlife Institute of India and The Corbett Foundation, respectively, be formed to assess the feasibility of undergrounding high voltage power lines.
6. Respondents 5 to 8 and 9 to 11, shall work out the cost and Respondent 1 to 4 shall aid in this regard.
7. Appropriate fencing to be provided to the breeding grounds of the GIB.
8. In all cases, where the overhead power lines continue to exist, in the priority and potential GIB areas, respondents shall take steps to install diverters pending consideration of the conversion of the overhead cables into underground power lines.

Also Read: https://lawbeat.in/top-stories/great-indian-bustard-supreme-court-constitutes-committee-study-feasibility-under

Also Read: https://lawbeat.in/top-stories/great-indian-bustard-potential-gib-habitat-wide-term-we-dont-know-where-they-may

Case Title: MK Ranjitsinh v. Union of India, WP (C) No. 838 of 2019