A writ petition (bearing reference number 838 of 2019) was filed in the case of M.K. Ranjitsinh and Others (the Petitioners) vs. Union of India and Others (the Respondents), as a public interest petition, to seek protection of two species of birds (namely the Great Indian Bustard (GIB) and the Lesser Florican), which are on the verge of extinction. The Supreme Court in its order dated April 19, 2021 (GIB Order) directed that all existing and future low voltage overhead power lines laid in the priority and potential GIB habitats (spanning more than 80,000 sq. kms in the State of Rajasthan and Gujarat as identified by the Wildlife Institute of India) are required to be undergrounded. The GIB Order further stated that in relation to all existing high voltage overhead power lines in priority and potential GIB habitats, feasibility study is required to be carried out to be considered for undergrounding, and steps to install bird diverters should be undertaken pending such study.
The hon’ble Supreme Court of India (Supreme Court) recognising the need for balancing the interest of the GIB as well as the interest of renewable sector and India’s commitments to reduce emissions, in its order dated March 21, 2024, has:
- demarcated 13,663 square kilometers described as priority area; 18,680 square kilometers as potential areas; and 6654 square kilometers as additional important areas;
- restricted the injunction of undergrounding only to the priority area (13,163 sq. kms), subject to feasibility to be determined by the Expert Committee; and
- eased the restrictions in areas described as potential area.
The Supreme Court has also reconstituted and expanded the Expert Committee to inter-alia include representatives of the power sector, to ascertain the technical feasibility of undergrounding of high voltage as well low voltage transmission lines in the priority area and to lay down suitable directives for laying of transmission lines in the potential area. The Supreme Court further directed the Central Government to take necessary measures for conservation and protection of the GIB.
The modification is a welcome move to address the difficulties encountered by energy-generating companies operating in these areas that would be required to bear additional capital expenditure for undergrounding their transmission lines in addition to delays in project implementation.