"You Are Only Telling Us Difficulties And Not Impossibilities": Supreme Court Tells Centre, Reserves Order In Plea Seeking Protection Of Great Indian Bustard

Supreme Court has on Tuesday reserved its order in plea filed seeking protection for Great Indian Bustard from transmission lines in States of Rajasthan and Gujarat.A three-judge Bench of CJI Bobde, Justice Bopanna and Justice Ramasubramanian concluded hearing the arguments of all parties regarding under grounding of low and high voltage transmission lines to protect Great Indian Bustards which is an endangered species.The Court had previously observed that it can consider directing under-grounding of the low voltage transmission lines in states of Rajasthan and Gujarat, and installation of Bird diverters in case of High transmission lines, for protection of the Great Indian Bustard.During the hearing, Senior Advocate Shyam Divan appearing for the petitioner submitted before the Court that they are seeking that all future over head power lines and selected current over head power lines be made underground in priority areas which are the Bustard's habitat areas. In potential habitats, diverters are being sought.Divan responded to the Ministry's argument thag High voltage lines are not feasible, and do not cause deaths due to electrocution, stating that there is a consensus that these high voltage lines are biggest reasons for the deaths. Under grounding of lines is the only way to mitigate bustard deaths, and diverters cannot do that in priority areas."Cost of mitigation cannot justify extinction of a species" Divan said. Divan further said that the Power lines are biggest threat to the Bustards and both high and low voltage lines cause their deaths.Divan drew the Court's attention to excerpts from the Wildlife Institute's Report which stated that such mortality rate is unsustainable for any species and is sure cause of extinction. These birds are heavy birds and the transmission lines cause their deaths. The Union Ministry of Power has also acknowledged that these Power lines do pose threat to these bustards.Sr Adv Divan stated that all power lines cause bustard deaths and making distinction between high and low voltage is ferocious and detrimental to their protection. Divan also informed that Court that as far as the feasibility of high voltage lines are concerned, putting high voltage lines underground is possible, and it has happened in India and has become a norm is several jurisdictions across the world.He added that the under-grounding will insure there's no transmission lost, accident risk like children being caught in transmission lines is reduced, and will also reduce high bird mortality.Divan then drew the Court's attention to several tenders which have been granted in the pas in various areas for under-grounding of high voltage transmission lines. He pointed out that the Annual report of Power Grid Corporation informing its stakeholders of initiatives it has taken, also stated that they are providing under-grounding under smart city gurgaon project. He added that in 2019 Transmission lines were directed to be underground in Saurashtra. Even for flamingos, under-grounding has been done before.Divan reiterated that diverters will not be sufficient in priority areas and clarified that Petitioners are not seeking under-grounding of all areas, and their prayer is restricted to lines in priority Bustard areas. Divan submits that the Wildlife institute and petitioners have gone in the field and have specifically identified power lines as well.The Bench then stated that it has has understood what is being sought in terms of under grounding of power lines and the areas where it is being sought. The Court however asked Mr Divan for information regarding who will deal with expenditure.Divan submitted that these types of costs are pass through costs, under electricity act. Electricity transmission costs are pass through costs. He added that there is a certain cost to be borne by public or private sector infrastructure, and there also are CSR obligations. Divan: It's been held in previous judgements of this court that the Principle of eco centrism be followed and wildlife has to be protected.Divan then stated that it is an important part of present generation's natural heritage and should be protected. He cited previous judgement in case where the question was if Asiatic lions found in Gujarat should also have a home in MP, and the Court had said that at some times you have to look at the species interest. "From perspective of the Great Indian Bustard, these power lines need to go!" Divan saidDivan further clarified that they are not seeking over board application of this principle, and are seeking it for a limited purpose of the species interest which is so less in number that it will be extinct if these lines aren't removed. "Other than cost which can be borne by some commercial venture, there is nothing against human beings at all." the Bench said "Yes infact it has benefits" Divan responded.Divan also stated that while bow they are seeking under-grounding of high voltage lines only in priority areas,...

"You Are Only Telling Us Difficulties And Not Impossibilities": Supreme Court Tells Centre, Reserves Order In Plea Seeking Protection Of Great Indian Bustard

Srishti Ojha

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