After six years, the Supreme Court issued its final order on the conservation of the critically endangered Great Indian Bustard (GIB) or (Ardeotisnigriceps) by revising the priority conservation area while promoting renewable energy in Rajasthan and Gujarat. The Supreme Court’s order strikes a fine balance between green energy promotion and conservation efforts.
In 2019, environmental expert MK Ranjitsinh filed a public interest litigation (PIL) to protect the birds from the impacts of human activities in their habitats. The PIL requested interim directions to the governments of Rajasthan and Gujarat to ensure predator-proof fencing, controlled grazing and to halt any further permits for installing overhead power lines, wind turbines and solar infrastructure in GIB’s potential habitats identified by the Wildlife Institute of India (WII).
The PIL also sought installation of bird diverters on power lines and proposed to shift power transmission cables underground.
This case is unique as it involves a conflict between the goals of addressing climate change through generation of green energy via solar fields and the need to preserve the GIB. The solar and wind mill installation have encroached upon the habitat of critically endangered species like the GIB and Lesser Florican (LF) in the Desert National Park of Rajasthan. Earlier, the court had pronounced two interim orders on it. Both the GIB and LF have been listed as Critically Endangered in the Red List of Threatened Species by the International Union for Conservation of Nature (IUCN) since 2011. The latest count says there are only 144 GIBs in India - 140 in Rajasthan and 4 in Kutch (Gujarat). In a 2018 survey, the estimated population was 150, including 25 birds in government captivity.
In its final order, the Supreme Court directed renewable energy companies to relocate some overhead power lines underground within two years in areas prioritised for the conservation of the GIB and LF in the Desert National Park of Rajasthan. The court established a revised conservation area of 14,753 sq km for the GIB and strictly instructed power companies not to violate this zone under any circumstances.
First interim order on GIB
The first interim order on April 19, 2021, restricted the establishment of overhead transmission lines over a vast area of approximately 99,000 sq km. The order also mandated the formation of a three-member committee to assess the feasibility of laying high-voltage underground power lines. Additionally, it directed measures to install bird diverters and underground power lines to ensure uninterrupted flight for the GIB and LF.
The Ministry of Environment, Forests and Climate Change (MoEFCC), Ministry of Power, and Ministry of New and Renewable Energy (MNRE) requested the court in November to reconsider these directives, arguing they would adversely impact India’s power sector and its energy transition goals away from fossil fuels. India committed to the Paris Agreement in 2015 to transition to non-fossil fuels and reduce emissions to mitigate climate change.
Moreover, the government also contended in court that the designated area was larger than the actual habitat of the GIB and constituted a significant portion of the country’s solar and wind energy potential. It also argued that undergrounding high-voltage power lines was not technically or financially feasible.
Modification of the interim order
On March 21, 2024, the court modified its prior blanket ban on the installation of renewable energy power lines and formed an expert committee to assess the situation and find a balance between the conservation of endangered species and the necessity of combating climate change. The court stated that the decline in GIB and LF populations had various causes, including low fecundity, habitat fragmentation, loss of habitat, predation and loss of prey. It emphasised that converting overhead lines to underground transmission lines might not significantly contribute to species conservation.
Dwindling GIB populations
The GIB, locally known as Godawan, is one of the heaviest flying birds in the world and a flagship species for the arid and semi-arid grasslands of the Indian subcontinent. This majestic bird symbolises the health of fragile grassland ecosystems. Historically found across much of North and West India, the GIB’s critically endangered population is now confined to a small region of Rajasthan.
The Rajasthan government initiated ‘Project Godawan’ on June 5, 2013. Previously, GIBs were heavily hunted for their meat and as trophies by local sportsmen. The birds nest on the ground and primarily feed on pests, termites, rats and snakes, helping maintain ecological balance in the desert. However, the expansion of the Indira Gandhi irrigation canal led to increased agricultural activities in the arid regions of Jaisalmer and Barmer which damaged their habitats. Additionally, use of chemical fertilisers and pesticides in agriculture disrupted the GIB’s food chain and hindered its population growth. The introduction of renewable energy grids aimed at combating global warming further reduced the GIB’s available habitats.
High-voltage power lines posed a significant risk to GIBs. As one of the largest birds in the world, they have inadequate frontal vision, making it difficult for them to detect power lines during flight. This often results in collisions with the lines, leading to electrocution. “The main threats to these birds are habitat loss due to agricultural activities and collisions with transmission lines of solar and wind power grids,” an expert stated.
SC’s final order on GIB
In the recent ruling, the apex court established a revised priority area (RPA) of 14,753 sq km, which is 857 sq km smaller than the previous priority area. The RPA for Rajasthan is set at 14,013 sq km, while Gujarat’s RPA is 740 sq km. The court strictly prohibits any future renewable energy projects within the RPA of Rajasthan.
Additionally, the court ordered the immediate underground installation of 80 km of 33 KV power lines and emphasized the need for further mitigation efforts in Rajasthan. It also instructed that existing 66 KV and above power lines within the revised priority area of Rajasthan should be rerouted in a timely manner.
Furthermore, the court stated that there is no need for existing or future power lines of 11 KV or below within a 100-meter buffer zone around GIB nesting areas. The Wildlife Institute of India identified 250 km of critical power lines in Rajasthan and the court directed that the competent authority ensure their implementation within a maximum of two years. In addition to these measures, the court called for in-situ and ex-situ conservation management of GIBs and recommended long-term studies on the effects of climate change on the species. Installations of bird flight diverters should be based on scientific analysis.