Coming to the rescue of endangered birds -- the great Indian bustard and the lesser florican, which are dying in large numbers due to collisions with high-voltage power lines, the Supreme Court Tuesday asked the Rajasthan government to consider laying underground cables.
The top court said they are large birds and it is difficult for them to maneuver due to the high-tension power lines which obstruct their flight paths.
The Ministry of Environment and Forests (MoEF) shared the concern of the court and said that there is no other option but to lay power cables underground to protect the great Indian bustard (GIB) and lesser florican (LF).
A bench of Chief Justice S A Bobde and Justices B R Gavai and Surya Kant asked senior advocate Manish Singhvi, appearing for the Rajasthan government, to take instructions from the competent authority for laying of cables underground.
"It appears that one of the dangers is the presence of power lines, which obstruct the flight path of the of GIB. It is well known that the GIB is a larger bird and it is difficult for it to maneuver easily in its flight. One of the solutions suggested to avoid any collision in its flight path is that the over-head wires be laid down underground".
It asked Singhvi to take instructions within two weeks and apprise the court about the manner in which the power lines could be laid down underground.
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At the outset, the top court said that the state government can look into modifying the contract of private companies for laying down the cables underground.
"This is a larger bird which fly in a particular direction. To avoid power lines coming in the direction of flight path of the bird, it would be appropriate if they are laid down underground. Necessary changes can be made in the contract with the private companies for laying down underground cables," the bench said.
With regard to LF, the top court said it is not disputed that the bird is also endangered and disturbed largely by the power generation plants.
The top court said that if the Rajasthan government faces any problem, then the court can pass necessary directions.
Additional Solicitor General ANS Nadkarni, appearing for MoEF said a team of the ministry and other wildlife experts have visited Jaisalmer in Rajasthan and it is evident from their findings that underground cable is the only solution.
Advocates Sugandha Yadav, Shatadru Chakraborty and Sonia Dube, appearing for Petitioner M K Ranjitsinh -- a retired IAS officer, said that they have prepared terms of reference for the top court appointed panel, which could be looked into for conservation for GIB and LF.
The top court asked the MoEF to look into the terms of reference and file an affidavit in this regard.
The Counsel for the petitioner suggested names of three experts -- Sutirtha Dutta (scientist), Thulsi Rao, Director, Andhra Pradesh State Biodiversity Board (APSBB) and Samad Kottur, a lecturer in government college in Karnataka -- to be included in the panel appointed by the apex court as they deal largely with LF.
The top court accepted the suggestion while directing for inclusion of the three experts in the panel and posted the matter for further hearing after two weeks.
On July 15 last year, the court had taken serious note of alarming extinction of the GIB and the LF and constituted a high powered committee to urgently frame and implement an emergency response plan for the protection of these species.
It had constituted a 3-member panel comprising Director of Bombay Natural History Society; Asad R Rahmani, former Director of Bombay Natural History Society and Dhananjai Mohan, Chief Conservator of Forests of Uttarakhand.
It had sought responses from the Centre and state governments where these two species of birds are prominently found, on a plea of wildlife activists.
Ranjitsinh and others had sought the court's directions for an urgent emergency response plan to protect and recovery of both the bird species.
Ranjitsinh, who has served as the director of Wildlife Protection, has contended in his plea that over the last 50 years the population of the GIB has recorded a decline of over 82 per cent, falling from an estimated 1,260 in 1969, to 100-150 in 2018.
"The population of the Lesser Florican (also known as the likh or kharmore) has seen a sharp decline of 80 per cent over the past few decades, from 3530 individuals recorded in 1999, to less than 700 individuals in 2018," the plea said.
It added that both the birds are protected under the Wild Life (Protection) Act, 1972 but despite being accorded the highest level of protection under national law, the birds face the threat of imminent extinction.
The plea blamed various reasons for the threats faced by the two endangered birds including -- mortality by collision with infrastructure, particularly power lines and wind turbines, depletion of grasslands, hunting, development of mines and human habitation in and around their habitats and ingestion of pesticides.