Supreme Court Strengthens Bustard Conservation Through Power Restrictions

Why in the News?

The Supreme Court expanded priority conservation areas for the Great Indian Bustard in Rajasthan and Gujarat, restricting new overhead power lines, wind turbines, and large solar projects to reduce bird fatalities from power infrastructure. This decision reflects the growing importance of environmental jurisprudence in India’s legal landscape.

Supreme Court’s Conservation Directives:

• The Supreme Court accepted recommendations of a nine-member expert committee to protect the critically endangered Great Indian Bustard (GIB), demonstrating the application of the precautionary principle in environmental conservation.
• It expanded the Revised Priority Area (RPA) from 13,163 sq km to 14,013 sq km in Rajasthan and from 500 sq km to 740 sq km in Gujarat.
• The court banned new overhead power lines in these zones, except through dedicated power corridors and for 11 kV and below capacity lines. This decision aligns with the need for environmental clearances in infrastructure projects.
• It prohibited new wind turbines and new or expanded solar parks exceeding 2 MW capacity within the RPA, considering the environmental impact assessment of renewable energy projects.
• Existing critical transmission lines up to 400 kV were ordered to be undergrounded wherever feasible, especially along high-risk stretches identified by experts, in line with the Forest Conservation Act’s principles.

Balancing Renewable Energy and Wildlife Protection

• The order followed concerns that overhead transmission lines are a major cause of avian mortality, particularly for the Great Indian Bustard, which has poor frontal vision.
• The Centre had earlier argued that undergrounding cables could hinder India’s clean energy transition, citing technical and economic constraints, especially for high-voltage lines. This highlights the challenge of balancing development with environmental protection.
• The expert committee found that bustard movement is largely confined to the revised priority areas, making targeted mitigation feasible.
• Around 250 km of high-risk power lines, already identified by the Wildlife Institute of India (WII), were directed to be undergrounded immediately, demonstrating a commitment to a pollution-free environment.
• The court emphasised that Corporate Social Responsibility (CSR) must include environmental responsibility, reminding power companies of their constitutional duties and the importance of environmental clearances for their projects.

This landmark decision by the Supreme Court demonstrates the growing importance of environmental jurisprudence in India. By prioritizing the conservation of the Great Indian Bustard while considering the need for renewable energy development, the court has set a precedent for balancing environmental protection with economic progress. The ruling emphasizes the need for thorough environmental impact assessments and proper environmental clearances for infrastructure projects, especially in ecologically sensitive areas. It also reinforces the application of the precautionary principle and the polluter pays principle in environmental conservation efforts, contributing to the broader goal of achieving a pollution-free environment.