Does a blanket ban on overhead powerlines in Great Indian Bustard habitats require expert-driven, site-specific mitigation instead?

 

Summary

Category Data
Court Supreme Court of India
Case Number W.P.(C) No.-000838 – 2019
Diary Number 20754/2019
Judge Name HON’BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
Bench HON’BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA; HON’BLE MR. JUSTICE ATUL S. CHANDURKAR
Precedent Value Binding Authority
Overrules / Affirms Modifies prior Supreme Court orders dated 19.04.2021 and 21.03.2024
Type of Law Constitutional (Article 32); Environmental Law; Energy/Infrastructure Regulation
Questions of Law
  • Whether a blanket injunction against overhead transmission lines in GIB habitat is sustainable without domain expertise.
  • Whether expert-committee recommendations should guide conservation-energy mitigation measures.
Ratio Decidendi

The Court held that sweeping prohibitions on overhead lines across 99,000 sq km require recalibration through scientific expertise rather than a priori injunction.

Judicial review must balance non-negotiable conservation goals for the Great Indian Bustard with India’s renewable-energy commitments.

Inherent technical and safety constraints on underground cables, transmission losses, and climate-change imperatives counsel against undifferentiated bans.

An expert committee with multidisciplinary representation was therefore appointed to make site-specific recommendations.

The Supreme Court adopted the committee’s rationalisation of priority areas, power-corridor design, timelines and differentiated mitigation for various voltage levels, while directing prompt implementation within two years.

Judgments Relied Upon
  • Centre for Environmental Law, WWF-India v. Union of India (2013) 8 SCC 234
  • T N Godavarman Thirumulpad v. Union of India (2012)
  • U.P. Public Service Commission v. Rahul Singh (2018) 7 SCC 254
Logic / Jurisprudence / Authorities Relied Upon
  • Balance of species-protection and sustainable development.
  • Judicial review with domain experts.
  • Feasibility and safety concerns (transmission losses, flag-marking in deserts).
  • International climate-change commitments under UNFCCC/Paris Agreement.
Facts as Summarised by the Court

Petition under Article 32 filed in 2019 seeking emergency measures for critically endangered Great Indian Bustard and Lesser Florican.

Interim order (19.04.2021) banned new overhead lines over ~99,000 sq km and directed undergrounding.

Stakeholders challenged feasibility; Court’s 21.03.2024 order modified blanket ban and constituted a multidisciplinary expert committee.

Committee reports (Sept & Nov 2024) proposed rationalised priority areas and tiered mitigation; developers and renewable-energy bodies raised objections; Supreme Court heard and disposed on 19 Dec 2025.

Practical Impact

Category Impact
Binding On All courts, central/state regulators and renewable-energy developers implementing transmission projects in priority areas
Persuasive For Other High Courts, environmental tribunals, policy-making bodies
Overrules The April 2021 blanket prohibition on overhead transmission lines in GIB habitats
Follows Precedents endorsing expert committees for technical environmental adjudication (e.g., Godavarman, Centre for Environmental Law)

What’s New / What Lawyers Should Note

  • Supreme Court reaffirms that complex environmental-energy disputes require expert-committee recommendations rather than undifferentiated judicial injunctions.
  • A two-tier priority‐area rationalisation (Rajasthan: 14,013 sq km; Gujarat: 740 sq km) for GIB habitats has been adopted, including modest additions and exclusions based on habitat suitability.
  • No new overhead lines (except 11 kV and below) or RE projects > 2 MW within revised priority areas; differentiated mitigation for existing lines by voltage.
  • Mandatory power‐corridor design and optimisation of route commonality for dedicated RE evacuation lines.
  • Two-year timeline imposed for undergrounding, rerouting and other mitigation measures.
  • Court directs additional empirical studies on bird-flight diverters before wholesale deployment.

Summary of Legal Reasoning

  1. Interim Order & Feasibility Concerns

    • 19.04.2021 order banned overhead lines over ~99,000 sq km and mandated undergrounding within 1 year.
    • Stakeholders (MoEFCC, MNRE, Power Ministry) filed IA citing technical, safety, economic and climate-policy infeasibility.
  2. 2024 Modification & Committee Appointment

    • 21.03.2024 order recalibrated the ban; underscored need to balance GIB conservation with renewable obligations.
    • Appointed a seven-member expert committee with special invitees from electricity authorities.
  3. Expert Committee Mandate & Process

    • Scope: feasibility of overhead/underground lines, habitat protection, climate-change resilience, power-line corridors, stakeholder engagement, global best practices.
    • Extensive site visits, stakeholder workshops and global precedent review.
  4. Committee Recommendations & Judicial Adoption

    • Rationalised priority areas (Rajasthan 14,013 sq km; Gujarat 740 sq km) with critical enclave protections.
    • Tiered mitigation: undergrounding/rerouting of 33 kV, 66 kV+ lines; insulated cables for 11 kV and below; power-corridor design.
    • No blanket BFD mandate; awaits efficacy studies by WII and parallel agency pilot.
    • Two-year clock for phased implementation.

Arguments by the Parties

Petitioners

  • Insist on strict priority-area expansion (including Rasla enclave) and comprehensive mitigation (BFDs, undergrounding) for all voltage levels.
  • Oppose any new overhead lines > 11 kV, RE projects > 2 MW and mining in protected zones.

Respondents (Union & Renewable-Energy Bodies)

  • Challenge technical and economic feasibility of mass undergrounding; highlight climate-policy and RE-target imperatives.
  • Advocate expert-driven, site-specific safeguards over sweeping injunctions; stress existing project rights.

Factual Background

  1. Great Indian Bustard and Lesser Florican populations declined sharply; overhead powerlines a major threat.
  2. Petition filed in 2019 under Article 32, seeking emergency conservation measures (BFDs, underground lines, project moratoriums).
  3. Supreme Court’s April 2021 order broadly prohibited overhead lines in ~99,000 sq km and directed undergrounding within 1 year.
  4. Stakeholder applications led to March 2024 modification and appointment of an expert committee.
  5. Committee reports (Sept & Nov 2024) proposed balanced mitigation; Supreme Court disposed detailed objections on 19 Dec 2025.

Statutory Analysis

  • Article 32 Constitution: Right to enforce fundamental duties for environmental protection.
  • Electricity Act 2003, Section 68: Prior approval and conditions for overhead lines; exemptions for lines ≤ 11 kV.
  • MoEFCC/MNRE regulations and international commitments under UNFCCC/Paris Agreement inform sustainable-development mandate.

Dissenting / Concurring Opinion Summary

No separate judicial dissent or concurrence; committee’s one dissenting member argued for inclusion of a 657 sq km Rasla enclave, prohibition of new overhead lines > 11 kV, and mandatory BFDs for all lines in non-priority corridors.

Procedural Innovations

  • Supreme Court’s direct appointment of a multidisciplinary expert committee with electricity and wildlife experts.
  • Mandated field visits, stakeholder workshops and global precedent analysis prior to final directions.
  • Phased, evidence-based implementation timetable incorporated into judicial order.

Alert Indicators

  • 🚨 Breaking Precedent – Supreme Court modifies its own sweeping ban in favour of expert-driven measures
  • ✔ Precedent Followed – Reliance on expert committees in environmental jurisprudence (Godavarman; WWF-India)
  • 🔄 Conflicting Decisions – Revises and refines earlier orders (19.04.2021; 21.03.2024)

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