Case Note & Summary
The writ petition was filed as a public interest litigation aimed at protecting the Great Indian Bustard and the Lesser Florican, both of which are on the verge of extinction due to hazards posed by overhead power lines. The petitioners, who are environmentalists, sought interim directions to the States of Rajasthan and Gujarat to implement measures such as predator-proof fencing, controlled grazing, and the installation of bird divertors on power lines. The court noted that the Great Indian Bustard is one of the heaviest flying birds and has lost 90% of its habitat, primarily residing in Rajasthan and Gujarat. The Wildlife Institute of India reported that approximately 1 lakh birds die annually due to collisions with power lines, emphasizing the urgent need for mitigation measures. The Ministry of Power acknowledged the vulnerability of the Great Indian Bustard to collisions due to its lack of frontal vision. The court referenced previous judgments emphasizing the need for ecocentrism in environmental law and the public trust doctrine, which mandates the state to protect natural resources for public benefit. The court ordered that existing overhead power lines in priority habitats must have bird divertors installed and that future power lines should be laid underground wherever feasible. A committee was constituted to assess the feasibility of undergrounding high-voltage lines. The court highlighted the importance of mobilizing financial resources for conservation efforts, referencing corporate social responsibility provisions under the Companies Act, 2013, and the Compensatory Afforestation Fund Act, 2016. The court directed that all feasible measures be taken within a year to protect the endangered species, prioritizing their survival over cost considerations.
Headnote
A) Environmental Law - Protection of Endangered Species - Interim Directions for Conservation - Constitution of India, Article 21 - The court recognized the obligation to protect endangered species and directed the installation of bird divertors and undergrounding of power lines in priority habitats to mitigate threats to the Great Indian Bustard. Held that immediate action is necessary to prevent extinction (Paras 1-19).
Issue of Consideration
Whether interim directions should be issued to protect the Great Indian Bustard and Lesser Florican from hazards posed by overhead power lines and other infrastructure.
Final Decision
The court ordered the installation of bird divertors on existing overhead power lines and mandated that future power lines in priority habitats be laid underground where feasible. A committee was constituted to assess the feasibility of undergrounding high-voltage lines, and all measures must be completed within one year.
Law Points
- Public Interest Litigation
- Environmental Protection
- Wildlife Conservation
- Corporate Social Responsibility
- Sustainable Development
