Recently, the Supreme Court modified its earlier order to place a blanket direction for undergrounding high-voltage and low-voltage power lines in the Great Indian Bustard habitat.

Background of the case

A 3-Judge bench of the SC was hearing an application for modification by the Union MoEFCC, Ministry of Power, and Ministry o,f New and Renewable Energy against an earlier order.
Earlier in 2021, the Court placed restrictions on the setting up of overhead transmission lines.
- It appointed a committee to evaluate the laying of underground high-voltage lines on a case-to-case basis.
- All low voltage powerlines were directed to be laid underground in the "priority" and "potential" habitats of GIB in the future.
- On existing power lines, bird diverters were to be installed pending the conversion of overhead power lines into underground power lines.

Judgement of the SC

Removed blanket direction for undergrounding high voltage and low voltage power lines in the entire region.
Constituted an Expert Committee to
- Determine the scope, feasibility, and extent of overhead and underground electric lines in the area identified as priority areas.
- Review international best practices for conservation of similar species such as the Houbara Bustard in the Middle East.
- Facilitate conservation and protection measures for GIB as well as other fauna specific to the topography.
Reasons for reversing earlier judgment:
- Diverse factors are responsible for the reduction in the GIB population like low fecundity, fragmentation, habitat loss, predators, loss of prey, etc.
- Issues in laying underground cables: risk to the safety of farmers under whose land the cables are laid; higher transmission loss; increase in electricity plant downtime; unsafe and impractical to underground high-voltage cables in deserts; high cost; issues related to land acquisition, etc.
Supreme Court observed that there was a dilemma between safeguarding biodiversity and mitigating the impact of climate change.

About the dilemma

Need for renewable energy to fulfill climate commitments: Rajasthan and Gujarat (primary GIB habitats) are important for the generation of solar power and other renewable energy sources.
- As per India's Nationally Determined Contribution, it aims to generate 50% cumulative electric power installed capacity from non-fossil fuel-based energy resources by 2030.
Threat to GIB: Projects like solar power plants or windmills in the area can harm the critically endangered Great Indian bustard.

Solution for the dilemma (Given in the judgment)

The holistic approach to conservation by incorporating environmental conservation, social equity, economic prosperity, and climate change.
Adopt a balanced approach by government and court which does not sacrifice either of the two goals at the altar of the other.
National goals regarding climate change require a holistic understanding of sustainable development that balances immediate needs with long-term sustainability.
An expert committee was appointed to balance the need for the preservation of the GIB with the need for sustainable development to bring expert opinion.