Supreme Court tightens Great Indian Bustard safeguards, redraws Green Energy Corridor map in Rajasthan and Gujarat

The Supreme Court's recent intervention to tighten safeguards for the critically endangered Great Indian Bustard (GIB) and mandate a redrawing of the Green Energy Corridor map in Rajasthan and Gujarat marks a pivotal moment in India's journey to balance environmental conservation with its ambitious development goals. This verdict underscores a fundamental shift where large-scale infrastructure projects, especially those for renewable energy, must now explicitly integrate immutable conservation boundaries into their planning.

**Background Context:**

India is a signatory to the Paris Agreement and has pledged to achieve 500 GW of renewable energy capacity by 2030, a commitment reiterated at COP26. To facilitate this massive expansion, the government launched the Green Energy Corridor (GEC) project, aiming to establish a robust transmission infrastructure to evacuate renewable energy from generation-rich areas (like Rajasthan and Gujarat) to demand centers. However, these very regions, particularly the Thar desert landscape of Rajasthan and parts of Gujarat, are also the last remaining habitats of the Great Indian Bustard (GIB). The GIB, a large terrestrial bird, is listed as 'Critically Endangered' by the IUCN and is protected under Schedule I of the Wildlife (Protection) Act, 1972. Its population has dwindled drastically to fewer than 150 individuals, primarily due to habitat loss and collisions with power transmission lines. Studies have shown that overhead power lines, especially high-tension ones, pose a significant threat, leading to fatal collisions for these heavy-bodied, low-flying birds.

**What Happened:**

In 2021, the Supreme Court had initially issued a blanket order directing the undergrounding of all overhead power lines in 'priority' and 'potential' GIB habitats in Rajasthan and Gujarat. This directive, while aimed at absolute protection, faced significant challenges from power companies and the government due to its technical feasibility, exorbitant costs, and potential delays to crucial renewable energy projects. Recognising these practical difficulties, the Central government sought a modification of this order. The recent verdict, delivered in April 2024, modifies the earlier blanket ban. While lifting the absolute prohibition on overhead lines, the Court has emphasized a nuanced approach: undergrounding remains the preferred method where technically feasible, especially in 'priority' GIB habitats. For other areas, the Court has directed the installation of bird diverters on existing power lines and mandated that all new projects must be planned in a manner that minimizes impact on GIB habitats. Crucially, the Court has ordered a redrawing of the Green Energy Corridor map, ensuring that conservation areas are now inviolable boundaries in infrastructure planning. It has established an expert committee to assess the feasibility of undergrounding and suggest alternative mitigation measures, moving away from a one-size-fits-all approach.

**Key Stakeholders Involved:**

1. **Supreme Court of India:** The primary judicial authority, acting as the guardian of the Constitution and environmental laws, balancing fundamental rights (right to clean environment under Article 21) with development needs.

2. **Ministry of Environment, Forest and Climate Change (MoEFCC):** Responsible for GIB conservation, granting environmental clearances, and developing conservation policies like the National Wildlife Action Plan.

3. **Ministry of Power & Ministry of New and Renewable Energy (MNRE):** Tasked with achieving India's energy targets, developing power transmission infrastructure, and promoting renewable energy.

4. **State Governments (Rajasthan & Gujarat):** Crucial for on-ground implementation, land acquisition, and local policy formulation, as GIB habitats fall within their jurisdiction.

5. **Power Transmission Companies (e.g., Power Grid Corporation of India Ltd., state transmission utilities):** Directly affected by the ruling, responsible for planning, constructing, and maintaining power lines.

6. **Environmental Activists and NGOs:** Petitioners and advocates for GIB protection, bringing critical issues to the judiciary's attention.

**Why This Matters for India:**

This judgment holds profound significance. Firstly, it reaffirms India's commitment to biodiversity conservation, particularly for a critically endangered species like the GIB, which is a flagship species of grassland ecosystems. Its survival is indicative of the health of these unique habitats. Secondly, it creates a precedent for integrating environmental safeguards at the very inception of large-scale development projects, forcing a 'conservation-first' approach in ecologically sensitive zones. This will inevitably impact the cost and timeline of renewable energy projects, potentially leading to higher tariffs or requiring innovative, cost-effective undergrounding technologies. However, it also pushes for sustainable development practices. Thirdly, it highlights the judiciary's proactive role (judicial activism) in environmental governance, especially when executive action is perceived as insufficient. This decision could lead to better inter-ministerial coordination between MoEFCC, MNRE, and state governments, fostering a more holistic approach to policy-making that considers both energy security and ecological security.

**Constitutional and Policy References:**

This verdict draws strength from several constitutional provisions. **Article 48A** of the Directive Principles of State Policy (DPSP) mandates that "The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country." Furthermore, **Article 51A(g)**, a Fundamental Duty, states that "It shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures." The **Wildlife (Protection) Act, 1972**, with GIB in Schedule I, provides the legal framework for its protection. The judgment also interacts with India's international commitments under the Convention on Biological Diversity (CBD) and its Nationally Determined Contributions (NDCs) under the Paris Agreement, which aim for sustainable development.

**Future Implications:**

In the short term, power companies will need to revise their project plans, conduct fresh surveys, and explore new routes or undergrounding options, which could lead to project delays and increased capital expenditure. This might also necessitate a re-evaluation of the financial models for renewable energy projects. In the long term, this judgment could spur innovation in transmission technology, promoting the development of more eco-friendly and GIB-safe power infrastructure. It also sets a crucial precedent for future infrastructure projects across various sectors, ensuring that environmental impact assessments and mitigation strategies are robust and integrated from the outset, rather than being an afterthought. This could extend to other critical habitats and endangered species, fostering a more sustainable development paradigm for India.