Supreme Court Modifies Order on Power Line Undergrounding to Balance Great Indian Bustard Conservation and Renewable Energy Commitments

Expert Committee to Reassess Feasibility of Underground Power Lines in Rajasthan and Gujarat Amid India's Climate Goals and Endangered Species Protection

In a landmark judgment dated March 21, 2024, the Supreme Court of India, led by Chief Justice Dr. Dhananjaya Y. Chandrachud, re-evaluated its earlier blanket directive mandating the undergrounding of high voltage and low voltage power transmission lines in the habitat of the critically endangered Great Indian Bustard (GIB) and the Lesser Florican. The Court recognized the urgent need to conserve these species on the brink of extinction while simultaneously acknowledging the technical and environmental challenges posed by the earlier order, especially in the context of India’s ambitious renewable energy goals.

The Great Indian Bustard, classified as critically endangered by the International Union for Conservation of Nature (IUCN), primarily inhabits the grasslands of Rajasthan and Gujarat. The species faces numerous threats including habitat loss, predation, and collisions with overhead power lines. In 2021, the Supreme Court had issued a sweeping order restricting overhead transmission lines over approximately 99,000 square kilometers of priority and potential GIB habitats, directing that all low voltage lines be undergrounded and high voltage lines be converted to underground cables where feasible.

However, in the present judgment, the Court acknowledged multiple factors rendering the blanket undergrounding directive impractical and potentially counterproductive. Technical difficulties include the limited availability and viability of underground cables beyond 400 kV, higher transmission losses, safety concerns due to the challenging desert terrain where sand dunes shift and markers for cables get obscured, and prohibitive costs estimated to be several times higher than overhead lines. Moreover, the Court highlighted that undergrounding could delay the expansion of solar and wind energy infrastructure, crucial for India’s international climate commitments under the Paris Agreement, including achieving 50% cumulative electric power capacity from non-fossil fuel sources by 2030.

The Court emphasized that the decline in GIB population stems from multiple causes such as low reproduction rates, predation, habitat fragmentation, and pesticide use, and not solely from overhead power lines. Consequently, it ruled that the earlier order imposing a blanket prohibition on overhead transmission lines must be modified. Instead, an expert committee comprising wildlife conservationists, power sector specialists, and government officials has been constituted to undertake a comprehensive assessment. This committee is tasked with evaluating the feasibility of undergrounding power lines in specific areas, balancing conservation needs with sustainable development and renewable energy expansion.

The committee’s scope includes recommending suitable conservation measures such as habitat restoration, predator-proof enclosures, installation of scientifically vetted bird diverters on power lines, and adaptive strategies to counter climate change’s impacts on GIB habitats. It will also engage stakeholders from the energy and environmental sectors to ensure inclusive decision-making. The Court set a deadline of July 31, 2024, for the committee’s report, signaling a collaborative approach to resolving the complex intersection of biodiversity conservation and climate change mitigation.

The Union of India has also detailed extensive conservation efforts, including captive breeding programs, satellite telemetry monitoring, grassland restoration, and awareness campaigns, with commitments to upscale these initiatives over the next decade. The Court underscored the constitutional and international legal framework supporting the right to a healthy environment, highlighting India’s obligations under the UN Framework Convention on Climate Change (UNFCCC) and the Paris Agreement.

This judgment marks a pivotal moment in Indian environmental jurisprudence, balancing the imperative to protect an endangered species with the equally pressing need to transition to clean energy. It reflects a nuanced understanding that sustainable development and biodiversity conservation are not mutually exclusive but require integrated and expert-guided policies.

Statutory provisions Wild Life (Protection) Act, 1972, Environment (Protection) Act, 1986, Electricity Act, 2003, Energy Conservation Act, 2001, Articles 14, 21, 48A, 51A(g) of the Constitution of India

M.K. Ranjitsinh v. Union of India (SC) : Law Finder Doc Id # 2541544