Environmental laws: Wild life – Protection and conservation of endangered species – Writ petition seeking protection of birdsGreat Indian bustard (GIB) and Lesser Florican, on verge of extinction since they are getting killed on their collision with the overhead power lines – Directions sought to the State of Rajasthan and Gujarat to ensure predator proof fencing, controlled grazing in the enclosure development – Direction sought that not to permit installation of overhead power lines, further construction of windmills and installation of solar infrastructure in priority and potential habitat – Direction also sought for undergrounding all future overhead power lines; selected power lines in priority GIB habitat and installation of divertors in potential habitat – Held: In view of the sustainable development concept and on striking a balance, the protection of the rare species of birds is essentially to be made, while at the same time allowing transmission of power in an appropriate manner – It would not be feasible to lay underground power cables in certain areas and the conversion of the already existing cables also cannot be made in certain locations – In such locations, it is recommended that ‘bird divertors’ be installed on the existing power lines and the undergrounding of the new power line wherever technically feasible in the vicinity of the habitats be undertaken – Furthermore, eggs of the said species of birds to be protected, by transferring the same to the breeding centres – Laying of the underground power line more particularly of high- voltage, would require technical evaluation on case- to- case basis – Committee is constituted to assess the feasibility of laying of highvoltage underground power line – In view thereof, all low voltage powerlines to be laid in the priority and potential habitats of GIB, to be laid underground in future, and the existing low voltage overhead powerlines to be converted into underground powerlines – High- voltage powerlines in the priority and potential habitats of GIB, as referred herein, to be converted into underground power line.
T.N. Godavarman Thirumulpad vs. Union of India & Ors. (2012) 3 SCC 277 : [2012] 3 SCR 460; Centre for Environmental Law, World Wide Fund – India vs. Union of India & Ors. (2013) 8 SCC 234 : [ 2013] 6 SCR 757 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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