M K Ranjitsinh & Ors. Versus Union of India & Ors. (Writ Petition (Civil) No. 838 of 2019)
Writ Petition (Civil) No 838 of 2019, filed under Article 32 of the Constitution of India, seeking directions for the protection and recovery of the Great Indian Bustard (GIB), a critically endangered species.
The petitioners sought various measures for the protection of the GIB, including the installation of bird diverters, an embargo on new projects and the renewal of leases of existing projects, dismantling power lines, wind turbines, and solar panels in and around critical habitats, installation of predator-proof enclosures in breeding habitats, implementation of a population control program for dogs, provision of no-grazing zones and restricted grazing zones in critical and semi-critical habitats, a prohibition on the use of insecticides and pesticides within a radius of 5 km of critical habitats and a prohibition on the encroachment of grasslands in and around critical and semi-critical habitats.
The judgment dated 19 April 2021 imposed restrictions on the setting up of overhead transmission lines in a large swath of territory of about 99,000 square kilometers, in order to protect the GIB. However, the implementation of this judgment had vast adverse implications for the power sector in India and energy transition away from fossil fuels.
Therefore, the Union of India filed an application for modification of the directions issued by the judgment of this Court dated 19 April 2021.
The Court, in its order dated 19 January 2024, directed the Union of India to place a status report on the record, indicating the way forward as proposed by the Union Government, which would take into account both the need for preservation of the Great Indian Bustard which faces a danger of extinction and the need to ensure the development of solar power keeping in mind India’s commitments at the international level. The Union of India, in its additional affidavit, affirmed that States exercise effective control over carbon emissions and bear responsibility for transboundary harm arising from such emissions.
The Court, in view of the implications of the direction issuing a blanket prohibition on overhead transmission lines, is of the view that the direction needs to be recalled and it will be appropriate if an expert committee is appointed. The committee may balance the need for the preservation of the GIB which is non-negotiable, on one hand, with the need for sustainable development, especially in the context of meeting the international commitments of the country towards promoting renewable sources of energy, on the other hand. The remit of the Committee which has been appointed by the Court shall encompass the following: determining the scope, feasibility and extent of overhead and underground electric lines in the area identified as priority areas in the reports of the Wild Life Institute of India in the States of Rajasthan and Gujarat; the need for adopting conservation and protection measures for the GIB as well as other fauna specific to the topography; identification of the measures to be adopted in the priority areas to ensure the long- term survival of the GIB and facilitating an increase in its population. Such measures may include habitat restoration, anti-poaching initiatives, and community engagement programs; evaluating the potential consequences of climate change on GIB habitats, considering factors such as shifting precipitation patterns, temperature extremes, habitat degradation and developing adaptive management strategies to enhance their resilience; identification of suitable options in the context of sustainable development in the matter of laying power lines in the future.
The alternatives identified should balance the conservation and protection of the GIB with the arrangement of power lines in a manner that would facilitate the fulfilment of the international commitments made by India for developing renewable sources of energy; engaging with relevant stakeholders, including government agencies, environmental organizations, wildlife biologists, local communities, and energy industry representatives, to solicit inputs, build consensus, and promote collaborative efforts towards achieving conservation and sustainable development goals. The Court is of the view that the order passed by this Court on 19 April 2021 needs to be suitably modified. A blanket direction for undergrounding high voltage power transmission lines is not appropriate. Instead, an expert committee should be appointed to balance the need for the preservation of the GIB with the need for sustainable development, especially in the context of meeting the international commitments of the country towards promoting renewable sources of energy.
Measures Taken to Protect Human Rights Against Climate Change:» National Level Measures: Implementation of NAPCC with missions for climate change mitigation and adaptation.» Focus on Renewable Energy: National Solar Mission and clean energy promotion.» Commitment to scaling up non-fossil-based power capacity under UNFCCC and Paris Agreement.» Sustainable Agriculture Practices to enhance resilience to climate change» Afforestation & Reforestation Programs to combat deforestation and enhance carbon sequestration International Level Initiatives:» UN Resolution (2022): Recognized access to a clean environment as a universal human right.» Climate Finance Frameworks like the Green Climate Fund to aid developing countries.» Climate-resilient Infrastructures to withstand extreme weather events and sea-level rise.» Capacity-building Initiatives to empower vulnerable communities in adapting to climate change impacts.