Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal
The Supreme Court March 21, 2024 directed the constitution of an expert committee to determine the scope, feasibility and extent of overhead and underground electric lines in the area identified as a priority area for the Great Indian Bustard (GIB) and Lesser Florican in the reports of the Wildlife Institute of India in Rajasthan and Gujarat.
The committee was asked to identify the measures to be adopted in the priority areas to ensure long-term survival of GIB. Another task that the expert committee was entrusted with was the identification of suitable alternatives in the context of sustainable development in the matter of laying long future power lines which should balance the protection of the conservation and protection of the GIB together with the arrangement of power lines in a manner that would “facilitate the fulfillment of the international commitments made by India for developing renewable sources of energy”.
The injunction, which has been imposed in the order dated April 19, 2021 in respect to the area described as the potential area, would accordingly stand relaxed subject to the condition that the Expert Committee appointed by the SC may lay down suitable parameters covering both the priority and potential areas. The Committee would be at liberty to impose any additional measures both in regard to the priority and potential areas, if it considers appropriate including considering the efficacy and suitability of installing bird diverters on existing and future power lines.
In the event that the committee considers it appropriate and necessary to do so, it would be at liberty to recommend to the court any further measures that are required to enhance the protection of the GIB including the addition of suitable areas apart from the priority areas which have been set out above, the order added.
The Expert Committee has been directed to complete its task and submit a report to the SC through the Union Government on or before July 31, 2024.
The SC order of April 19, 2021 imposed restrictions on the setting up of overhead transmission lines in a large swath of territories. The SC had also appointed a committee for assessing the feasibility of laying high voltage underground power lines. The court had also directed that in all cases where overhead power lines exist “as on date in the priority and potential GIB areas”, steps should be taken to instal diverters pending consideration of the conversion of overhead cables into underground power lines. Moreover, it was directed that in all cases where it is found feasible to convert the overhead cables to underground power lines, they would be undertaken and completed within a period of one year.
The Union of India had filed an additional affidavit, where it was submitted that the direction by the court for laying high voltage or as the case may be low voltage lines underground is practically impossible to implement. “The Union Government has a commitment at the international level to reduce India’s Carbon footprint and that recourse to a renewable sources of energy including solar installations provide the key to the implementation of these commitments,” the court was informed.
Further, the Centre is taking comprehensive steps for the conservation and protection of the endangered species of the GIB. The Centre informed the apex court that a blanket direction of the nature that has been imposed by the court was not feasible to implement but would also not result in achieving the purpose of the conservation of GIB.
During the course of the hearing, reference had been made to several reports which were prepared by the Wildlife Institute of India, identifying 13,663 square kilometers described as priority area; 18,680 square kilometers as potential areas; and 6,654 square kilometers as additional important areas. These areas are distributed between Rajasthan and Gujarat.
The bench comprising Chief Justice Dhananjaya Y Chandrachud and justices JB Pardiwala and Manoj Misra said that there was no adequate basis to impose a general prohibition in regard to the installation of transmission lines in an area as wide as over 88,000 square kilometres.
The Uttar Pradesh Pollution Control Board (UPPCB) was directed by the National Green Tribunal (NGT) March 22, 2024 to file a comprehensive report in respect to the allegation made regarding disposal of industrial waste by a sugar unit in Khatauli village, Muzaffarnagar district, Uttar Pradesh. The report should contain the remedial / punitive action taken by UPPCB, the order said.
The applicant (Jogindra Kumar) said that Triveni Engineering & Industries Ltd is generating fly ash in the boilers of the factory and dumping it illegally on both sides of the road in complete violation of the environmental norms, consent conditions and Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.
Further allegation was that several persons have suffered accidental burn injuries by stepping into heaps of dumped fly ash and some of these incidents have been disclosed in the application.
NGT opined that the action was not in compliance of the environmental norms.
NGT on March 22 refused to accept the plea filed by the Special Protection Group (SPG) to direct the transport department, National Capital Territory (NCT) of Delhi, to allow extension of registration periods of three specialised armoured vehicles by five years till December 23, 2029.
Justice Prakash Shrivastava of NGT said that even though these three vehicles are special purpose vehicles, which are not normally available, have run very little in the last 10 years and are needed for the specific purpose of security of the Prime Minister but, in view of the order of the Supreme Court (October 29, 2018), the prayer made in the application cannot be granted.
The plea of the applicant was that these vehicles are essential and integral part of Special Protection Group technical logistics. The applicant said that the specialised armoured vehicles are not easily available in the market and they are special purpose vehicles used for specific protection purpose. Thus, the transport department of NCT should be directed to extend the registration of the vehicles for further five years beyond the period of 10 years.
The transport department of NCT has opposed the application by submitting that the issue has already been settled by NGT by order dated April 7, 2015 and Supreme Court by order dated October 29, 2018. The apex court had restricted the use of diesel vehicles only upto 10 years and the permission cannot be granted to the applicant for extension of registration of the vehicles which are BS-III vehicles.
The three SPVs will be completing the period of 10 years from the date of registration in December 2024. So, in terms of the direction of Supreme Court dated October 29, 2018, the vehicles being diesel vehicles cannot be permitted to ply in NCR after 10 years.
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