The Supreme Court modified its 2021 order and accepted Expert Committee recommendations to protect the critically endangered Great Indian Bustard while allowing renewable energy projects in a balanced manner
CAN INDIA DEVELOP RENEWABLE ENERGY INFRASTRUCTURE WHILE PROTECTING CRITICALLY ENDANGERED SPECIES LIKE THE GREAT INDIAN BUSTARD?
YES, WITH BALANCED MEASURES. The Supreme Court has accepted the Expert Committee's recommendations to protect the critically endangered Great Indian Bustard (GIB) while allowing renewable energy development through designated power corridors, revised priority areas, and strict regulations in conservation zones. The Court emphasized corporate environmental responsibility under CSR provisions.
Initial Supreme Court Order: Blanket prohibition on overhead transmission lines in 99,000 sq km area to protect GIB
Government Application: Union Ministries seek modification citing renewable energy commitments and technical feasibility
Court Modifies Order: Supreme Court recalls blanket prohibition and constitutes Expert Committee
Committee Report (Rajasthan): Expert Committee submits recommendations for Rajasthan
Committee Report (Gujarat): Court directs Committee to submit Gujarat report
Final Judgment: Supreme Court accepts Committee recommendations with modifications
| CSR Aspect | Legal Requirement | GIB Conservation Application |
|---|---|---|
| Environmental Sustainability | Schedule VII, Companies Act 2013 | Fund habitat restoration and GIB conservation |
| Ecological Balance | Section 166(2), Companies Act | Protect GIB habitats and grassland ecosystems |
| Polluter Pays Principle | Environmental Law Precedent | Companies must fund species recovery efforts |
| Fund Allocation | Section 135, Companies Act | Minimum 2% of average net profits for 3 years |
| Constitutional Duty | Article 51A(g), Constitution | Protect wildlife and have compassion for living creatures |
Critically endangered bird species, one of the heaviest flying birds, found primarily in Rajasthan and Gujarat. Cultural symbol known as "Godawan" in Rajasthan, with population estimated at less than 150 individuals.
Areas designated by Expert Committee for maximum conservation efforts: 14,013 sq km in Rajasthan and 740 sq km in Gujarat, where strictest regulations apply for renewable energy projects.
Designated pathways (5 km wide in Rajasthan, 1-2 km in Gujarat) where power transmission lines can be concentrated to minimize habitat fragmentation and bird collision risks.
Devices installed on power lines to make them more visible to birds and prevent collisions. Effectiveness for bustards still under scientific study as per Court directions.
"The non-renewable power generators operating in the priority as well as non-priority areas in Rajasthan and Gujarat must always remember that they share the environment with the Godawan, the Great Indian Bustard and must undertake their activities as if they are guests in its abode."
This landmark judgment establishes a new paradigm for balancing environmental conservation with development needs. By accepting the Expert Committee's scientific recommendations and emphasizing corporate environmental responsibility, the Court has created a framework where renewable energy development can proceed while protecting critically endangered species through designated corridors, priority areas, and mandatory CSR contributions for conservation efforts.
This content is for informational purposes only and does not constitute legal advice. Consult a qualified legal professional for specific legal guidance. The information provided is based on judicial interpretation and may be subject to changes in law.
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