Court vacates interim stay order, mandates ecological measures to protect avian habitats in solar panel installation
In a significant judgment, the Rajasthan High Court, Jaipur Bench, has vacated an interim stay order, allowing the establishment of a 100 MW solar power project by SJVN Green Energy Ltd. at Khasra No. 1174, Village Nawa, District Nagaur. The court emphasized the need for balancing developmental needs with environmental protection, particularly concerning avian habitats.
The judgment, delivered by Mr. Sanjeev Prakash Sharma, A.C.J., and Sanjeet Purohit, J., underscores the doctrine of sustainable development and the precautionary principle, requiring solar panels to be installed at a height of no less than 1.5 meters. This measure aims to enable migratory birds to nest and breed without obstruction. Additionally, the court mandated the replantation of trees in a 1:3 ratio if uprooted and directed that there be no restriction on the inflow of water onto the land during the rainy season to support avian life.
The court's decision follows a petition filed by Dinesh Kumawat and others, who raised concerns about the environmental impact of the solar project. However, the court found that the petitioners had suppressed material facts regarding ongoing proceedings before the National Green Tribunal, leading to the vacation of the interim stay order.
While permitting the project, the court highlighted the constitutional necessity of protecting the right to a clean and healthy environment under Articles 14 and 21 of the Constitution. It reiterated that relaxation of environmental safeguards without demonstrable justification amounts to arbitrariness and violates constitutional rights.
The ruling also addressed contractual issues between Hindustan Salts Ltd., Sambhar Salts Ltd., and SJVN Green Energy Ltd., ensuring that the contract remains unaffected by the interim stay and treating the intervening period as dies-non.
The judgment signifies a balanced approach to development and environmental protection, allowing the solar power project to proceed with specific ecological safeguards to preserve avian habitats.
Bottom line:-
Environmental law - Sustainable development doctrine requires balancing environmental protection with developmental needs - Solar power projects, being clean energy initiatives, should proceed with necessary environmental safeguards to protect avian habitats and ensure ecological integrity.
Statutory provision(s): Articles 14, 21 of the Constitution of India, Rajasthan Water (Prevention and Control of Pollution) Rules, 1975, Rajasthan Air (Prevention and Control of Pollution) Rules, 1983, EIA Notification, 2006
Dinesh Kumawat v. Union of India, (Rajasthan)(Jaipur Bench)(DB) : Law Finder Doc id # 2893930
