Author: Udhav Mittal is a 3rd-year student at National Law Institute University, Bhopal<\/p>\n<\/div>\n<\/div>\n
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Introduction<\/u><\/strong><\/span><\/p>\n \u201cIf all mankind were to disappear, the world would regenerate back to the rich state of equilibrium that existed ten thousand years ago. If insects were to vanish, the environment would collapse into chaos.\u201d E. O. Wilson said it correctly as it is we, humans who are the problem for the tons of environmental problems that exist and without us everything on this earth is able to live in coexistence and perfect harmony. All these industrial pollutants, plastic waste, over-exploitation of fossil fuels are what humans do and eventually, all this affects the Earth and everyone living on it. In India, Supreme Court has always tried to help the environment through its judgements like Vellore Citizens Welfare Forum v. Union of India[i]<\/a>, M. C. Mehta v. Kamal Nath & Ors[ii]<\/a>, Subhash Kumar v. State of Bihar & Ors[iii]<\/a> and many more like these.<\/span><\/p>\n Facts of the case<\/u><\/strong><\/span><\/p>\n The Supreme Court once again tried to protect the environment and the living creatures in M.K. Ranjitsinh and Ors. Vs. Union of India (UOI) and Ors.[iv]<\/a>, where the lives of the Great Indian Bustard and the Lesser Florican who are already on the verge of extinction, were at stake. The Great Indian Bustard has disappeared from its habitat except in parts of Gujrat and Rajasthan. In this case, the petitioners are of the opinion that the existence of overhead cables is a major cause of concern as it poses the biggest threat to the survival of the Great Indian Bustard. The Power Line Mitigation, 2018[v]<\/a> report stated that every year 1 lakh birds die because of collision with these power lines and there is an urgent need to reduce the mortality caused by these power lines or else the extinction of Great Indian Bustards is certain. There were 6 mortalities for the Great Indian Bustards in Thar during 2017-2020 and all of this because of high-tension transmission lines. Even the Ministry of Power in its 15.03.2021 affidavit stated \u201cThe Great Indian Bustard (\u201cGIB\u201d) lacks frontal vision. Due to this, they cannot detect powerlines ahead of them, from far. Thus, they are vulnerable to collision with power lines. In case of low voltage lines, electrocution is often the cause of death due to smaller phase to phase separation distance.\u201d So, the petitioners in their applications seek an interim direction to direct the state of Gujrat and the state of Rajasthan to ensure that there is predator-proof fencing, and controlled grazing and to direct the respondents to not permit installation of overhead power lines as well as not permit further construction of windmills and installation of solar infrastructure in priority and potential habitat as identified by the Wildlife Institute of India.<\/span><\/p>\n Contentions<\/u><\/strong><\/span><\/p>\n The respondents contended that though they were considerate of the issue at hand but in their opinion, the high-voltage lines did not cause GIB deaths due to electrocution it was due to collision. They further go on to state the reasons why an underground high-voltage cable is not a feasible option:<\/span><\/p>\n Court\u2019s order<\/u><\/strong><\/span><\/p>\n The court held that appropriate steps need to be taken as soon as possible for the conservation of these ever-decreasing species. In that view, there is a need to install divertors and for the coming future, before the installation of overhead transmission lines, a study should be conducted in regards to the feasibility of transmission lines underground. In case the technical report states that an underground transmission line is not feasible then the installation of divertors should be a condition attached to the contract. Further, the cost for taking such steps shall be taken up by respondents 5 to 8 and 9 to 11 while respondents 1 to 4 aid them. The court went on to suggest some options to mobilise financial resources like inviting the attention of each electricity utility to section 135 of the Companies Act, 2013 which imposes a corporate social responsibility on a specific amount of net worth or profit or using section 166 (2) of the same act which ordains the Director of a company to act in good faith and in the best interest of the company, community, employees and environment. Also, National and state authorities have substantial funds because of the Compensatory Afforestation Fund Act, 2016 and sections 4,5,6 of the act state that the funds should be used to mitigate threats to wildlife. Also, as petitioners mentioned a sum of Rs. 47,436 crores, out of a total of Rs. 54,685 crores has been transferred to a fund set up by the state of Rajasthan (Compensatory Afforestation Fund Management and Planning Authority). Further, a committee of people equipped with technical expertise regarding the undergrounding of the high-voltage power line was formed to reach a better result.<\/span><\/p>\n Comment<\/u><\/strong><\/span><\/p>\n Once a common bird on the dry plains of India has now been reduced to only 150 Great Indian Bustards as of a 2018 estimate. GIB is one of the heaviest birds in the whole world with a wing span of 7 feet and a height of about a meter. This beautiful bird is the pride of our nation and we must protect it, especially when it is on the verge of extinction. In my opinion, the Supreme Court took the most appropriate and relevant decision, it took into consideration the arguments of both sides. It understood that saving GIB is of utmost importance but at the same time considering that undergrounding all the transmission lines might not be feasible for the respondent and so it reached a middle ground where both the parties reached an amicable middle ground and at the same time GIB can be saved as well. Also, appointing a committee of experts will help in reaching a more appropriate solution as they are equipped with the right knowledge in regards to undergrounding the power lines. Lastly, the court ordered, the existing overhead powerlines in priority and potential GIB areas so as to stall any further damage to the number of GIBs existing in India.<\/span><\/p>\n In this time of great progress for mankind, harmony should be drawn between ecosystem and growth and I think that can only happen if the government steps in and introduces some concrete environmental laws which can be defined in quantifiable terms. I think bringing such laws would be beneficial as they will allow a more stringent penalty on the offenders and they will help us know how society is performing with regard to complying with environmental regulations.<\/span><\/p>\n <\/p>\n [i]<\/a> MANU\/SC\/0686\/1996<\/p>\n [ii]<\/a> MANU\/SC\/1007\/1997<\/p>\n [iii]<\/a> MANU\/SC\/0106\/1991<\/p>\n\n