Supreme Court directs Gujarat, Rajasthan to install bird divertors with utmost expedition

The Supreme Court has directed the states of Gujarat and Rajasthan to undertake installation of bird diverters at least in the priority areas with the utmost expedition, in order to save the Great Indian Bustard and Lesser Florican from high-tension power transmission lines.

A three-judge bench presided over by Justice D Y Chandrachud ordered that the installation of bird diverters in the priority areas shall be completed before July 20, 2022.

The top court said this direction shall govern all state owned as well as private power producers.

The bench, also comprising Justices A S Bopanna and V Ramasubramaian, also ordered states of Rajasthan and Gujarat as well as all power producers in the private domain to ensure that within the priority areas, a comprehensive exercise is completed within a period of three weeks to assess: the total length of transmission lines; and the estimated number of bird diverters required for the purpose.

The court's directions came on April 21 in a PIL filed by noted wildlife expert M K Ranjitsinh and others.

The Great Indian Bustard one of the heaviest flying birds is on the verge of extinction due to death caused primarily by collision with overhead powerlines. The petitioners claimed the overhead power lines are the biggest threat to the survival of the bird.

On April 19, 2021, the top court, while noting that the laying of high-voltage underground power line would require expertise to assess its feasibility, had formed a committee of experts namely Dr Rahul Rawat, and Dr Sutirtha Dutta, both scientists and Dr Devesh Gadhavi, Deputy Director, the Corbett Foundation.

Acting on a fresh clutch of interlocutory applications filed by the Solar Power Developers Association and the Wind Independent Power Producers Association and others, the bench noted none of the parties have any objection to the installation of bird diverters.

"Though in the plea by the state of Rajasthan an attempt has been made to indicate the steps which have been taken, the progress has been deficient in all respects. The installation of bird diverters at least in the priority areas of the states of Gujarat and Rajasthan must be taken up with the utmost expedition," the bench said.

The bench further said in terms of the previous order of April 19, 2021, any company, seeking an exemption from the direction to install underground transmission lines, should move the committee constituted by this court.

"The injunction imposed by this court from the installation of fresh overhead transmission lines, save with the approval of the committee, shall be scrupulously enforced. The committee has stated that it has received reports in regard to the ongoing installation of power lines despite the directions of this court. The states of Gujarat and Rajasthan as well as private power producers shall ensure that there is no breach of the directions of this court," the bench said.

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